The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is moving forward with Phase VII of the Lacey Act provisions, which will go into effect on December 1, 2024. This phase introduces 250 new Harmonized Tariff Schedule (HTS) codes for plants and plant products that will now require a Lacey Act Import Declaration. The rollout comes after extensive public consultation and stakeholder feedback.
Adjustments Based on Stakeholder Feedback
Following the publication of the updated Phase VII implementation schedule in May 2024, APHIS accepted public comments through July 30, 2024. Industry feedback resulted in key adjustments, particularly concerning essential oils under HTS Chapter 33.
Exemption for Essential Oil of Vetiver (HTS 3301295142): APHIS exempted this specific product from the implementation schedule, agreeing with stakeholders who argued that it is a common cultivar product.
No Delay for Other Essential Oils (HTS 3301295150): Despite requests for a 12-month extension, APHIS will move forward with the implementation of this code on December 1, 2024. The agency justified its decision by noting the four-year delay already granted to the industry and the extensive outreach conducted over the past two years to prepare businesses.
Correcting Oversights in Furniture HTS Codes
APHIS also responded to feedback from non-governmental organizations regarding missing HTS codes in Chapter 94, which covers furniture products. HTS codes 9403409040, 9403409060, and 9403409080 were omitted from the original Phase VII list. APHIS has acknowledged the oversight and will publish a Federal Register notice to include these codes, along with a 6-month implementation period.
Preparing for December 2024
As the December 2024 deadline approaches, businesses involved in the import of plant and plant-derived products must ensure compliance with the new Lacey Act Import Declaration requirements. APHIS remains committed to helping the industry navigate these changes by providing ongoing guidance and support.
Phase VII marks another significant step in APHIS’s broader efforts to curb illegal trade in plant products and promote sustainability in global supply chains. Here is the official bulletin from the USDA.