Lacey Act Phase VII

In fall of 2023, APHIS (Animal and Plant Health Inspection Service) will publish a list of HTS codes for products which will newly require a Lacey Act declaration for Customs clearance.

6 months later, the Lacey Act declaration requirement will be enforced for those products.

The key update of Phase VII is that declarations will be required for plant products that are not 100% composite materials. This will affect a broad range of imported goods that previously did not require a Lacey Act declaration — such as many furniture products.

Here is a list of HTS codes currently subject to Lacey Act declaration requirements.

What Should I Do to Prepare for Phase VII?

The list of HTS codes affected by Phase VII has not been released yet, but importers should be proactive:

1. Determine what products in your supply chain contain plant materials

Why? This will help your company understand the potential impact of Phase VII on your import operations.

2. Familiarize yourself with what details are needed to complete a Lacey Act declaration

Why? This will help your company identify gaps in information and what you will need to do to remain compliant with U.S. Customs by the 6-month deadline.

Learn more about Lacey Act Phase VII implementation on USDA’s website.

What is the Lacey Act?

According to USDA, the Lacey Act “combats illegal trafficking of wildlife, fish, and plants.”

As a general rule, import shipments containing plant material require a Lacey Act declaration in order to be cleared through U.S. Customs. The list of products subject to Lacey Act declarations has grown with each new phase of the program and includes items such as certain essential oils, instruments, and furniture.

What is a Lacey Act declaration?

A Lacey Act declaration provides USDA (a “Partner Government Agency” to CBP) with additional information about the product being imported — such as the genus and species of the plant, and percentage of plant material in the product.

The declaration form is called a Plant and Product Declaration or PPQ 505.

How do I file a Lacey Act declaration?

If you are working with a Customs broker, your responsibility as the Importer of Record is to provide your broker with a completed Plant and Product declaration, and your broker can file this information with CBP along with the other documents required for Customs clearance.

Importers should have a thorough understanding of what Partner Government Agencies (such as USDA) are involved in the importation of their goods, but as your Customs broker, the team at C J International is happy to assist you in determining Customs requirements.

Our blog posts are for informational purposes only. While we use reasonable efforts to furnish accurate information, C J is not liable or responsible for the accuracy or reliability of any information contained herein.


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