The Animal and Plant Health Inspection Service (APHIS) of the US Department of Agriculture is announcing the timeline for the next phase of Lacey Act declaration requirements.
Phase VII will cover a wide range of materials and plant products, including furniture, cork and some essential oils, for which no declaration was previously required upon import into the United States.
APHIS launched an outreach campaign in October 2022 to provide information about the upcoming implementation phase of the declaration.
In Phase VII, Lacey Act declarations will be required for all remaining plant product codes in the Harmonized Tariff Schedule (HTS) that are not 100 percent composed of synthetic material. Importers must file a declaration when submitting the application for entry into the United States. Those importing plant products in Phase VII are encouraged to begin preparing to file a declaration when they submit their electronic import entries. To prepare for compliance with Lacey Act declaration requirements, APHIS recommends that importers take the following steps:to file a declaration.
The Lacey Actwebsite of APHIS provides the following guidance:
- Know your supply chain for every plant material in the product
- Learn how to file a declaration
- Read the frequently asked questions
- Stay informed
APHIS is currently reviewing HTS codes to determine the full list of materials and products to be included in Phase VII. In autumn 2023, APHIS will publish the complete list of HTS codes to be included in Phase VII, along with a further notice in the Federal Register. APHIS will also announce the implementation date from which Phase VII declarations must be filed.
The Lacey Act was first enacted in 1900 and combats the trade in illegally taken wildlife, fish or plants. The Food, Conservation, and Energy Act of 2008 expanded the Lacey Act to cover a broader range of plants and plant products, including timber and timber products. For more information on this announcement, please refer to theFederal Register.
Learn more
Find out more about the Lacey Act and its significance for plants and plant products on the APHISwebsite. For further questions, please contact the APHIS Lacey Act Programme Office atlacey.act.declaration@usda.gov.