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Apparel | Newsletter |
| New Reporting Requirements Effective September 18, 2008 For Softwood Lumber Products Imported Into The U.S |
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November 17, 2008 The Softwood Lumber Act of 2008 (“SLA”), (section 3301 of Title III, Subtitle D, of the Food, Conservation, and Energy Act of 2008, (Public Law 110-246), commonly called the “Farm Bill”), enacted June 18, 2008, establishes new reporting requirements for softwood lumber and softwood lumber products described by the Act. Effective Date The reporting requirements for softwood lumber and softwood lumber products began on September 18, 2008. Country Of Origin Of Imports The new requirements are applicable to identified softwood lumber and softwood lumber products from all countries. New Reporting Requirements The SLA requires a “Softwood Lumber Declaration” for the importation of softwood lumber and softwood lumber products as described therein. Importers of these products must provide the following information at the time of importation:
Products Covered By The SLA Under the SLA, all softwood lumber and softwood lumber products classified under subheading 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of the HTSUS are covered, including the following softwood lumber, flooring, and siding:
In addition, any product classified under subheading 4409.10.05 of the HTSUS that is continually shaped along its end or side edges, and unless excepted or excluded from the declaration requirement, softwood lumber products that are stringers, radius-cut box-spring frame components, fence pickets, truss components, pallet components, and door and window frame parts classified under subheading 4418.90.46.95, 4421.90.70.40, or 4421.90.97.40 of the HTSUS are covered by the Act. Excluded Products The following products are specifically excluded from the SLA:
Potential HTS Items Subject To The SLA Customs has published on its website a list of HTS subheadings that may be subject to the SLA. This list is not an exclusive list. This can be viewed at Verification By Customs Declarations filed by importers may be verified by CBP to insure that: (a) the export price declared by the U.S. importer is the same as the export price provided on the export permit, and (b) the estimated export charge declared by the U.S. importer is consistent with that determined by the Under Secretary for International Trade of the U.S. Treasury. Penalties For Failure To Comply With New Reporting Requirements The SLA authorizes seizure and forfeiture for any violation that violates any other Customs law. Additionally, civil penalties of up to $10,000 per violation may be assessed against importers who knowingly violate the provisions of the Act. For more information regarding these issues, contact Stephen Spraitzar at (415) 288-0427 or sss@tuttlelaw.com. Stephen Spraitzar is an attorney with the Law Offices of George R. Tuttle in San Francisco.
The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such. Copyright © 2008 by Tuttle Law Offices. All rights reserved. Information has been obtained from sources believed to be reliable. However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information. |
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