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Apparel | Newsletter |
| Lacey Act Update: New, Revised Phase-In Schedule For Wood And Plant Products Subject To Import Declaration Requirements |
| Septemeber 10, 2009
In a Federal Register Notice dated Wednesday, September 2, 2009 (74 FR 45415) the U.S. Department of Agriculture and its Animal and Plant Inspection Service (APHIS) announced revisions to the planned phase-in of enforcement of import declaration requirements for certain wood and/or plant products, and articles that contain wood and/or plant materials. The Lacey Act declaration (PPQ form 505) and its electronic version must provide information concerning the scientific name of the plant, value of the importation, quantity of the plant, and name of the country from where the plant was harvested. The declaration requirements of the Lacey Act became effective on December 15, 2008 and enforcement began April 1, 2009 with a staggered phase-in period based on the Harmonized Tariff Schedule number associated with the imported article. In February 2009 APHIS published a revised notice with a more detailed phase-in schedule. (See our previous Lacey Act Declaration Newsletters at http://www.tuttlelaw.com/newsletters/lacey_update_2-9-09.html and http://www.tuttlelaw.com/newsletters/lacey_update_3-19-09.html.) The September 2 notice provides yet another revised phase-in schedule based on comments the Agency has received and its experience with implementation of the current requirements. APHIS also states that it will publish a separate notice to respond to the substantive comments that it has received. In the newly revised implementation schedule, APHIS has modified the list of products subject to Phase III implementation, which is scheduled to begin on October 1, 2009; however, it has only removed items from Phase III. Phase IV, which is scheduled to begin April 1, 2010, has been substantially revised as well. The new, revised schedule is:
Removed from the October 1, 2009 enforcement date includes items of HTS headings: -- 4405—(Wood wool [excelsior]) Items removed from the Phase IV enforcement date of April 1, 2010 include all paper and paper products of HTS Chapter 48. Also removed from the list of Phase IV enforcement date items are items of HTS headings: -- 9403.30 (wooden office furniture) Items added to the Phase IV enforcement date of April 1, 2010 are articles of HTS headings: -- 6602 Walking sticks and riding crops APHIS has further indicated in its September 2, 2009 notice that it is considering new, future phase-in dates for items that have been removed but that these would be scheduled to begin on or after September 1, 2010. The notice also identifies other products, such as woodwind instruments, toys, games, and sporting equipment that are being considered. The complete list is identified in the Federal Register Notice. Finally, the notice indicates that under appropriate circumstances, it will be acceptable, where the list of possible species in a particular product includes all species in a genus, to use ‘‘spp.’’ following the genus name on the import declaration form. However, the Agency cautions that when reference to all possible species in a genus is not accurate (based on geographical or other factors), importers are expected to provide either the single genus and species, or a specific list of all possible species that may have been used to produce the plant product. Additional information on the amended Lacey Act implementation schedule can be found at: http://www.aphis.usda.gov/plant_health/lacey_act/ For assistance or additional information, please contact George Tuttle, III at (415) 986-8780 or geo@tuttlelaw.com.
George R. Tuttle, III 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 © 2009 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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