USDA eases Lacey Act timelines

The U.S. Department of Agriculture's Animal and Plant Health Inspection Service on Thursday said it is extending the enforcement deadlines for importers to submit wood product declarations to comply with last year's amendments to the Lacey Act.

   The agency is extending the length of each enforcement period from three to six months, as requested by a group of lawmakers, and providing a more definitive list of products that are in each phase of enforcement.

   Last fall, the Agriculture Department offered to delay enforcement of the declaration by making it voluntary for companies to file a paper-based form until at least April 1, when an electronic system is expected to be ready to process submissions. After that time, enforcement of products would be phased in.

   Under the earlier approach, wood products that are most clearly covered by the law would be required to be listed on the plant product declaration, followed on July 1 by wood pulp, paper products, musical instruments, and furniture. After Sept. 30, a phased in schedule for additional products with smaller amounts of wood components found in other chapters of the harmonized tariff schedule, such as resins and oil seeds, will be announced based on the experience of the first two phases.

   Under the new schedule, the second phase will begin on or about April 1 to Sept. 30 for products that are minimally processed and/or of less complicated composition, such as wood in the rough or sheets for veneering.    In this phase, the declaration will only be required for the product itself and not the tags, labels, manuals and warranty cards that accompany the product.

   The third phase (Oct. 1 to March 31, 2010) will include those products that are more processed and of more complex composition, such as wood pulp and particle board. Finally, phase four (April 1, 2010 to Sept. 30, 2010) includes highly processed products, such as paper or furniture.

   The declaration must contain, among other things, the scientific name of the plant, value of the importation, quantity of the plant and name of the country where the plant was harvested. For paper and paperboard products containing recycled content, the declaration also must include the average percent of recycled content without regard for species or country of harvest.

   APHIS will continue to consider whether the declaration requirement should be applicable to those products not listed in the phase-in schedule and is seeking public input as to how the declaration requirement should be enforced as to those articles. APHIS is also inviting the public to comment on the products covered under phases three and four of the revised plan.

Source: America Shipper