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Lacey Act Amendment Declare Your Plants!

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Illegal harvesting competes with those companies complying with the rules and regulations of legitimate trade. The Lacey Act has been around for decades battling illegal trafficking of fish, wildlife and plants. In 2008 the Lacey Act was effectively amended to extend the protection to a broader range of plants, encompassing products that are derived from illegally harvested plants and require an import declaration on any plant or plant product imported into the U.S.

A phased in approach is in place based on the plant’s degree of processing and complexity of its composition. As of April 1st 2009, Phase 2 plants & plant products will require a declaration.

Are you prepared?

Have you…

    ◦ Identified any/all products that contain plant or
      plant products,
    ◦ Prioritized products based on plant,
    ◦ Determined the original purchaser of the plant or
      plant material,
    ◦ Determined the plant name, source and value to be
      included on Lacey declaration,
    ◦ Worked with suppliers to included Lacey information
      on commercial invoices?

Lacey Act Declaration (LAD)

The declaration must be made at time of importation, and include information on:

     ◦ Scientific name of any plant,
     ◦ A description of the value of importation,
     ◦ Quantity of the plant,
     ◦ Name of the country in which the plant was harvested.

If a plant species or country of origin cannot be determined, the plant declaration mus include a list of possible plant species found in the product or a list of possible countries from which the plant originated.

Phase-In Schedule of Enforcement of the Lacey Act Declaration Requirement
II April 1, 2009–September 30, 2009 III October 1, 2009–March 31, 2010 IV April 1, 2010–September 30, 2010
HTS Chapters:
Ch. 44 Headings (wood & articles of wood).
4401—(Fuel wood) ...............
4403—(Wood in the rough) ..
4404—(Hoopwood; poles, piles, stakes).
4406—(Railway or tramway).
4407—(Wood sawn or chipped lengthwise).
4408—(Sheets for veneering).
4409—(Wood continuously shaped).
4417—(Tools, tool handles, broom handles).
4418—(Builders’ joinery and carpentry of wood).
HTS Chapters:
Ch. 44 Headings (wood & 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, vats, tubs).
4419—(Tableware & kitchenware, of wood). 4420—(Wood marquetry; caskets; statuettes).
Ch. 47 Headings (wood pulp) ......
4701—(Mechanical wood pulp).
4702—(Chemical wood pulp, dissolving).
4703—(Chemical wood pulp, sulfate).
4704—(Chemical wood pulp, sulfite).
4705—(Combination mechanical and chemical).
HTS Chapters:
Ch. 44 Headings (wood & articles of wood).
4421—(Articles of wood, nesoi).
Ch. 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).
Ch. 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).
“This is one of the most important pieces of forest legislation passed in this country in decades. The U.S. has a powerful new tool to protect forests, people and wildlife worldwide.” - Greenpeace USA
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