Upcoming Changes to the Lacey Act Import Requirements: Phase VII Implementation
The Lacey Act, established in 1900, is the United States' oldest wildlife protection law. It combats illegal trafficking in wildlife, fish, and plants. The 2008 amendments expanded the scope to include plant products, enforcing import declarations for certain materials. As of December 1, 2024, Phase VII of the declaration requirements will begin, focusing on specific products like industrial plants, wood articles, and certain plant-based materials such as bamboo, cork, and essential oils.
Importers must provide detailed information about the species, origin, and quantity of imported plants under this law. The purpose is to prevent the illegal logging trade and promote sustainable practices.
Phase VII Products to be Included:
Industrial Plants (HTS Chapter 12): Items such as wild ginseng, ephedra, and the bark of African cherry (Prunus africana) will require detailed declarations.
Wood Products (HTS Chapter 44): Plywood, veneer, densified wood, and other articles made from wood will also be included in the new requirements
Previously excluded furniture (HTS Chapter 94).
Other Materials: Plant products used in a wide range of industries, including bamboo for plaiting, natural cork products, and essential oils of sassafras and vetiver, will be covered under the new rules.
This phase also introduces new import requirements for a range of miscellaneous plant-based products across various industries, including musical instrument cases, basketware, wickerwork, and wood-derived goods like jewelry boxes and fishing baskets.
How to Comply:
Importers must submit declarations at the time of importation, providing the scientific name, value, quantity, and the country of harvest for each product.
Declarations are mandatory for both raw plant materials and finished products containing plant-based components.
Public Involvement: The USDA’s Animal and Plant Health Inspection Service (APHIS) encourages public comments on the proposed changes by July 30, 2024. Stakeholders are invited to submit input on additional Harmonized Tariff Schedule (HTS) chapters that should be included or exempted. The enforcement schedule and updates can be accessed via the APHIS website.
Why it Matters: This phase is part of a broader effort to combat illegal logging, enhance the traceability of plant products, and align with global sustainability efforts. Businesses importing plant-based materials should ensure compliance to avoid penalties and contribute to legal and environmentally responsible trade practices.
For more information, visit APHIS’ Lacey Act page.
How to Submit Comments:
Online: Visit the Federal eRulemaking Portal and search for APHIS-2008-0119.
Mail: Docket No. APHIS-2008-0119, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
These regulatory changes ensure that importers are prepared for the evolving enforcement of sustainable trade practices under the Lacey Act, safeguarding both plant species and international biodiversity.