Lacey Act

Lacey Act¹

What is it?

The Lacey Act (16 U.S.C. 3371 et seq.) makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken or traded in violation of the laws of the US, a US State or foreign country.

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The Enforcement Plan

Phased approach over the next 18 months
Lists the requirements for a plant product import declaration (Please see 74 Fed Reg 5911 for details)
Identifies a list of products and the associated HTS Chapter or Heading for which the Plant Product Declaration Form (PPQ 505) is anticipated to be enforced over the next 18 months
Each phase includes the previous one(s)

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PPQ 505

A declaration is required to obtain release of a covered product
CBP has automated this process and CBI is capable of transmitting this information
Paper forms can be filled in and mailed to the USDA by the importer

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Phase 1 - Effective April 1, 2009

HTS Code	Brief Description
4401	Fuel Wood
4403	Wood in the Rough
4404	Hoopwood, Poles, Posts, Stakes
4406	Railway and Tramway Sleepers
4407	Wood Sawn or Chipped Lengthwise
4408	Sheets for Veneering
4409	Wood Continuously Shaped
4417	Tools, Tool Handles, Broom Handles
4418	Builders’ Joinery and Carpentry of Wood

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Phase 2 - Effective October 1, 2009

HTS Code	Brief Description
4402	Wood Charcoal
4405	Wood Wool (Excelsior)
4410	Particle Board
4411	Fiberboard of Wood
4412	Plywood, Veneered Panels
4413	Densified Wood
4415	Packing Cases, Boxes, Crates, Drums
4416	Casks, Barrels, Vats, Tubs
4419	Tableware & Kitchenware, of Wood
4420	Wood Marquetry; Caskets; Statuettes
4701	Mechanical Wood Pulp
4702	Chemical Wood Pulp, Dissolving
4703	Chemical Wood Pulp, Sulfate
4704	Chemical Wood Pulp, Sulfite
4705	Combination Mechanical and Chemical

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Phase 3 - Effective April 1, 2010

HTS Code	Brief Description
4421	Articles of Wood, Nesoi
4801	Newsprint
4802	Uncoated Writing Paper
4803	Toilet of Facial Tissue Stock
4804	Uncoated Kraft Paper
4805	Other Uncoated Paper and Board
4806	Vegetable Parchment, etc.
4807	Composite Paper and Board
4808	Corrugated Paper and Board
4809	Carbon Paper
4810	Coated Paper and Board
4811	Paper coated, etc. other than 4803, 4809 or 4810
940169	Seats with Wooden Frames
940330	Wooden Office Furniture
940340	Wooden Kitchen Furniture
940350	Wooden Bedroom Furniture
940360	Other Wooden Furniture
64039070	Wooden Furniture Parts

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¹ This information is compiled from a number of public sources that, to the best of our knowledge, are true and correct. It is our intent to present only accurate information; however, in the event any information contained herein is erroneous, Cargo Brokers International, Inc. accepts no liability or responsibility.