Remaining Plant Products Subject to Phase VII Lacey Act in 2023
By NNR USA Marketing Team In USA Trade Alerts On 25th April 2023
Be prepared for Phase VII of the Lacey Act declaration requirement coming soon, date to be determined.
Phase VII will require Lacey Act declarations for all remaining plant product Harmonized Tariff Schedule (HTS) codes that are not 100% composite materials. APHIS will publish a list of affected HTS codes in the Federal Register and allow for a 6-month transition period.
Today, many products made from plants are already subject to the requirement, including some essential oils, wooden instruments, and hand tools.
What type of information is required?
- Scientific plant names
- Country of harvest
- Value of the product
- Quantity of plant material in the shipment in metric units of measure
- Importer name/address
- Consignee name/address
- HTSUS Code
- Bill of lading
- Container number
- Manufacturer Identification Code (MID)
- Description of shipment
- Name/contact information of the importer of record or their agent who is certifying the accuracy of the information on the declaration
USDA APHIS explains how importers can prepare.
Know your supply chain for each piece of plant material in the product. An imported product may include many different plant species. For example, furniture may consist of inlays of many species. Communicate with your suppliers to obtain plant information: The scientific name for each piece of plant product and where that plant was harvested. For more information, visit USDA APHIS | Lacey Act webpage.
What is the Lacey Act?
The Lacey Act combats the illegal trafficking of wildlife, fish, and plants. The 2008 Farm Bill amended the Lacey Act (16 USC §§ 3371-3378) and extended its protections to a broad range of plants and plant products, making it unlawful to import into the United States any plant or plant product that was illegally harvested. It also makes it unlawful to import certain products without a declaration.
APHIS, the National Marine Fisheries Service, and the US Fish and Wildlife Service administer the Lacey Act. APHIS is responsible for collecting declarations for imported plants and plant products, and defining the scope of plant materials that require a declaration.
APHIS established through rulemaking a schedule for implementing the declaration requirement. Phases 1, 2, and 3 went into effect in 2009; Phase 4 in 2010; and Phase 5 in 2015. Phase 6 went into effect on October 1st, 2021. APHIS continues to evaluate products to include in future phases and will publish notices in the Federal Register to keep stakeholders and the public informed. A list of Federal Register publications are available on this website.