July 2009 - Issue 38   

IN THIS ISSUE:

House Climate Change Bill

FDA - Food Safety Enhancement Act

Lacey Act as Amended by the Food, Conservation, and Energy Act of 2008



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House Climate Change Bill

The National Customs Brokers and Freight Forwarders Association has noted that the climate change bill in its form of late June includes provisions which could be "very dangerous to the international trading system."

The final bill could quite possibly impose significant costs to some US industries. This is leading to a call to "level the playing field" by protecting the US industry "with an array of allowances and rebates" or by imposing a "carbon tariff" that would act as a "carbon tax" against the foreign industry.

This bill is not close to final, but depending upon its final version, there could be "the potential for damaging trade wars."

FDA - Food Safety Enhancement Act

An additional bill that is currently working through Congress is the Food Safety Enhancement Act. As of late June, the bill is with the House Energy and Commerce Committee.

One of the provisions would require all importers of FDA products to register with the FDA and pay an annual registration fee (currently $500). Brokers would also be registered.

The bill in its current form could impose fines of up to $250,000.00 and suspension or cancellation of FDA registration upon anyone who submits inaccurate information to FDA.

Trade associations are contacting the house members on the committee regarding these and other provisions of the bill.

Lacey Act as Amended by the Food, Conservation,
and Energy Act of 2008

The following announcement serves as an addendum to an article published in the November edition of AIT's eNewsletter on the Lacey Act.

The Lacey Act declarations have been required since April for some wood products, with more wood product and wood pulp to require the declaration beginning on October 1st. Starting next April 1st, some paper products will require the declaration. Thankfully, printed matter is not yet listed on the schedule.

Various associations of brokers and importers are working with the USDA to make this process more "manageable."

To follow is the "Phase in Schedule of the Declaration Requirement for Goods of, or Containing, Plants or Plant Products" as required by the Lacey Act as amended:


Effective April 01, 2009:


Chapter 44 Headings (wood and articles of wood)
  • 4401 / Fuel wood
  • 4403 / Wood in the rough
  • 4404 / Hoopwood, poles, posts, stakes
  • 4406 / Railway and tramway sleepers
  • 4407 / Wood sawn or chipped lengthwise
  • 4408 / Sheets for veneering
  • 4409 / Wood continuously shaped
  • 4417 / Tools, tool handles, broom handles
  • 4418 / Builders' joinery


Effective October 01, 2009, for these additional items:


Chapter 44 Headings (wood and articles of wood)
  • 4402 / Wood Charcoal
  • 4405 / Wood Wool (excelsior)
  • 4410 / Particle Board
  • 4411 / Fiberboard of Wood
  • 4412 / Plywood, veneered panels
  • 4413 / Densified wood
  • 4414 / Wooden frames
  • 4415 / Packing cases, boxes, crates, drums
  • 4416 / Casks, barrels, cats, tubs
  • 4419 / Tableware & kitchenware of wood
  • 4420 / Wood marquetry, caskets, statuettes Chapter 47 Headings (wood pulp)

Chapter 47 Headings (wood pulp)
  • 4701 / Wood pulp
  • 4702 / Wood pulp
  • 4703 / Wood pulp
  • 4704 / Wood pulp
  • 4705 / Wood pulp


Effective April 01, 2010, for these additional items:


Chapter 44 Headings (wood and articles of wood)
  • 4421 / Articles of wood nesoi (not elsewhere specified or indicated in HTSUS) Chapter 48 Headings (paper and articles of)

Chapter 48 Headings (paper & articles of)
  • 4801 / Newsprint
  • 4802 / Uncoated writing paper
  • 4803 / Toilet or Facial tissue stock
  • 4804 / Uncoated kraft paper
  • 4805 / Other uncoated paper and board
  • 4806 / Vegetable parchment, etc.
  • 4807 / Composite paper and board
  • 4808 / Corrugated paper and board
  • 4809 / Carbon paper
  • 4810 / Coated paper and board
  • 4811 / Paper coated, etc other than 4803, 4809, or 4810 Chapter 94 Headings (furniture etc)

Chapter 94 Headings (furniture, etc.)
  • 940169 / Seats with wooden frames
  • 940330 / Wooden office furniture
  • 940340 / Wooden kitchen furniture
  • 940350 / Wooden bedroom furniture
  • 940360 / Other wooden furniture
  • 94039070 / Wooden furniture parts


Both Customs and the USDA have thorough websites with the most current information on the Lacey Act provisions:

http://www.cbp.gov/xp/cgov/trade/trade_programs/entry_summary/laws/food_energy/
amended_lacey_act/


http://www.aphis.usda.gov/plant_health/lacey_act/


If you have any questions or comments regarding the Compliance eNewsletter,
please contact Paul Codere from the Customs Brokerage Department.
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