The Department of Agriculture has issued a notice updating the trade community on the implementation of the import declaration requirement under the Lacey Act amendments. Specifically, the USDA is delaying the initial stage of enforcement of this requirement and clarifying the procedures for filing the declaration.
Enforcement. Under the Lacey Act amendments, imports of certain plants and plant products must be accompanied by import declaration containing the scientific name of the plant, the value of the importation, the quantity of the plant and the name of the country from which the plant was harvested. For paper and paperboard products containing recycled content the declaration must also include the average percent of recycled content regardless of species or country of harvest.
The USDA has now modified the schedule of phased-in enforcement of the declaration requirement that it had previously announced. As a result, while the electronic submission of the required data elements will be accepted starting April 1, enforcement will not actually begin until May 1. As of that date U.S. Customs and Border Protection will enforce the declaration requirement for imports under HTS headings 4401 (fuel wood), 4403 (wood in the rough), 4404 (hoopwood; poles, piles, stakes), 4406 (railway or tramway sleepers), 4407 (wood sawn or chipped lengthwise), 4408 (sheets for veneering), 4409 (wood continuously shaped), 4417 (tools, tool handles, broom handles), and 4418 (builders’ joinery and carpentry of wood).
USDA is encouraging importers to use this 30-day period for live testing of the electronic system. The government will use this time to complete its work on integrating the Lacey declaration requirement into CBP’s expedited border release programs.
It is not anticipated that enforcement of subsequent phases, as detailed below, will be delayed.
CBP has automated the process for collecting the required data elements and expects and urges most importers to use the electronic system to file the declaration. Specifically, data will be transmitted to the Automated Commercial System through the Automated Broker Interface in the cargo release module. Electronic filing of the declaration will not preclude remote location filing.
Importers will have the option to complete and present a paper declaration for each line, but if a paper form is used it must be mailed to USDA at the address on the form. If a paper form is submitted to CBP as part of the entry package it will be returned to the importer (or importer’s representative) for mailing to USDA.
For more information on deadlines and filing procedures, please visit the USDA at http://www.usda.gov
More information will also be available from Customs and Border Protection at http://www.cbp.gov
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