The Lacey Act as amended by the Farm Act of 2008
The Lacey Act, 16 U.S.C. §§ 3371-3378, protects both plants and wildlife by creating civil and criminal penalties for a wide array of violations. Most notably, the Act prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported or sold. The Lacey Act was signed into law by President William McKinley on May 25, 1900, and has been amended several times since. The Lacey Act has evolved to become an important weapon to protect plants and animals domestically and abroad.
Enforcement of the latest amendments to the Lacey Act will begin early next year. The PPQ Plant Import Declaration Form will be available and accepted after 12/15/08, and enforcement will begin 04/01/09 (or as soon thereafter as an electronic system is available). These additional reporting requirements will alter the process used to import some common commodities.
From the CBP website dated 10/08/08:
On May 22, 2008, the Lacey Act was amended to make it illegal to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, any plant-with limited exceptions-to be taken or traded in violation of domestic or international laws.
The Act extends the statute's reach to include a broader range of plants and plant products, including timber deriving from illegally harvested plants. Illegal logging robs countries, destroys forests, and competes with the legal production and trade. This Act provides the legal authority to take action when products stemming from the practice of illegal logging enter the United States.
The Act now requires an import declaration for plants that includes the scientific name of any plant, a description of the value, quantity, and the name of the country from where the plant was taken. If a plant species or country of origin cannot be determined, the plant declaration must include a list of possible plant species found in the product or a list of possible countries from which the plant originated.
APHIS and the other Federal agencies involved in enforcing the provisions in the Act are working together to phase in enforcement of the declaration beginning April 2009.
The Act will now include commodities that are in part made of plant material. This means that depending on material makeup, the following commodities could require extra documentation in order to clear USDA/Aphis/PPQ & CBP:
Lumber, wood pulp, paper & paperboard, furniture, tools, umbrellas, sporting goods, printed matter, musical instruments, products manufactured from plant-based resins, boats, cars, trains, planes, pharmaceuticals, and textiles.
USDA hosted a meeting on 10/14 in Washington DC to "provide the public with information on the declaration requirements and declaration enforcement phase-in plan, enforcement of provisions that are already in effect, scope, and other issues, as well as to provide the public with an opportunity to ask questions of the agencies involved in the implementation of the declaration requirements and enforcement of the Act." It is "likely" that there will be additional meetings "held this winter near key port locations in the United States."
For updated information, go to the USDA page on the Lacey Act:
http://www.aphis.usda.gov/plant_health/lacey_act/
(This page includes a Q & A)
Or to the Customs page on the Amended Lacey Act:
http://www.cbp.gov/xp/cgov/trade/trade_programs/
cargo_summary/laws/food_energy/amended_lacey_act/
Or to read an article from the October 6, 2008 New Yorker Magazine regarding illegal logging:
http://www.newyorker.com/reporting/2008/10/06/081006fa_fact_khatchadourian
The following is a presentation that was created by CBP/USDA:
Lacey Act Presentation (PDF)
Click here to read a notice regarding the amendments published in the Federal Register October 08, 2008.
The EU also has proposals to address the issues of illegal logging and deforestation. One proposed regulation will make it an obligation for traders to seek sufficient guarantees that the timber and timber products they sell have been harvested according to the relevant laws of the country of origin. Another proposal is to work into the international negotiations on climate change the development of a Global Forest Carbon Mechanism through which developing countries would be rewarded for emissions reductions achieved by taking action to reduce deforestation and forest degradation.
Please follow this link to view the full EU press release:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1543&format=HTML&aged=0&language=EN&guiLanguage=en
This press release contains links to both the illegal logging and deforestation proposals.
HTSUS or Schedule B, which one can be used for exports?
While the two tariff codes have always been almost identical, there has always been an issue as to whether or not the HTSUS codes can be used in place of a Schedule B code.
Per the AES Broadcast # 2008055 dated 10/20/2008:
"Effective immediately, the Harmonized Tariff Schedule (HTS) numbers have been updated in the AES Import Concordance and may be used to report export commodities."
The updated AES Import Concordance is available:
http://www.census.gov/foreign-trade/aes/documentlibrary/index.html#concordance
As per the list at the attached link, there are a few exceptions (e.g. Chapter 98 numbers) where HTSUS numbers cannot be used to report commodities via AES. In these instances, try searching for the commodity in the HTSUS and then go to the same area of Schedule B to confirm the exact export code.
The "HTS Codes That Are Not Valid for AES" list is available at:
http://www.census.gov/foreign-trade/aes/documentlibrary/hts-not-for-aes.txt
If you have any questions or comments regarding the Compliance eNewsletter,
please contact Paul Codere from the Customs Brokerage Department. |
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