The Lacey Act is a federal law established to combat the illegal trafficking of wildlife, fish, and plants, and in 2008 was expanded to require importers to complete documentation to report the type of plant material being imported and list where it was harvested. The first three Phases were implemented in 2009, Phase 4 in 2010, Phase 5 in 2015, and most recently, Phase 6 in 2021. Enforcement of Phase 7 of the Lacey Act will begin on December 1.
This phase will expand the requirement to file a declaration to all remaining plant products which are not made of 100% composite materials. Most products containing solid wood are already under the filing requirements. Phase 7 will expand the types of wooden furniture requiring a declaration and will cover less common products such as plant-based essential oils as well as plant-based dyeing and tanning products. Basketware and wickerwork of bamboo and plaiting materials will be covered by the requirements, as will fishing nets other than those made of manmade materials. In what may catch many importers by surprise, the requirements will expand to cover certain machinery and electrical products when they contain wood or other plant products. Sporting goods, certain musical instruments, and firearms, if containing wood, will require a declaration. Nearly 250 additional HTS codes will require the declaration. A list of the added HTS codes has been published in the Federal Register, which can be viewed here.
Administered by the USDA’s Animal and Plant Health Inspection Service (APHIS), the Lacey Act will continue to expand with Phase 8, to be implemented at an unspecified later date. When Phase 8 is implemented, goods of composite plant materials will carry the same documentation requirements. At least partially due to the complexity of determining what should be covered as a composite plant material, the implementation date has not been determined, and it is possible that this phase will be implemented in stages. Paper, paperboard, particleboard, and medium and high-density fiberboard (MDF & HDF) are considered plant-based composites. However, there are inherent challenges in determining the species and harvesting sources for products like paper.
The Lacey Act provisions do not extend to items being used as packing materials. As an example, pallets in use for transporting goods are not covered, but a shipment where pallets are the commodity does fall under the Lacey Act requirements.
The reporting is made on a USDA form PPQ505 and requires the genus and species as well as the common name for the plant product. The form must be available at the time of entry as the reporting is a required element for specified HTS codes. A new form is required for each shipment and must be available at the time of entry; blanket declarations are not allowed. Completing the reporting document is not difficult, but it does require the shipper to be aware of the type and source of the plant materials used in their products.
Best Regards,
Sam McClure, LCB
Director of Compliance & Customs Services