If you are an importer of products including non-composite wood, wicker or rattan furniture, cork products, or certain essential oils, you will want to start preparing for additional import documentation and reporting requirements coming in early 2024. The Animal and Plant Health Inspection Service (APHIS) will be implementing Phase VII of The Lacey Act. This seventh phase in the Lacey Act implementation will require a declaration upon entry of all remaining plant products that are not 100% composite materials. APHIS is reviewing the HTS to identify all subject products.
The anticipated APHIS Federal Register notice, with a list of the impacted product Harmonized Tariff Schedule (HTS) numbers, that was expected before the end of 2023, but has been delayed to early 2024. Once the notice is posted in the Federal Register, importers will have six months to begin submitting the required declaration with each entry.
Although the list of subject HTS#s has not yet been published, importers of non-composite wood, wicker or rattan furniture, cork products or essential oils, should start preparing for the upcoming entry declaration requirement now.
- Review your product database to identify potential products that will require reporting including any product that is not 100% non-composite plant materials. It is important to note that APHIS is currently reviewing the HTS codes that will ultimately require the declaration. As such, this might result in additional products being subject to the declaration requirements.
- Know your Supply Chain and work with suppliers to be able to obtain the needed product information for reporting.
- Develop a process to be able to declare the following information for each product and be able to provide the declaration (PPQ Form 505) to your broker for entry into the U.S.:
- Scientific plant names, (Genus and Species)
- Country of harvest
- Value of the product
- Quantity of plant material in the shipment in metric units of measure
- Importer name/address
- Consignee name/address
- HTSUS Code
- Bill of lading
- Container number
- Manufacturer Identification Code (MID)
- Description of shipment
- Name/contact information of importer of record or their agent who is certifying the accuracy of the information on the declaration
- Review the Lacey Act Frequently Asked Questions.
- Stay informed. Monitor the Federal Register for the Lacey Act Phase VII announcement.
For more information on the Lacy Act Phase VII Declaration Implementation click here.