Guidance on the Lacey Act Declaration

04/30/2009
Introduction
The Lacey Act (16 U.S.C. 3371 et seq., the Act) as amended 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 United
States, a U.S. State or a foreign country. On February 3, 2009, the U.S. Department of
Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published a notice
in the Federal Register announcing a revised enforcement phase in plan for the Act's
requirement for a plant product import declaration (see 74 Fed. Reg. 5911 for details). The
revised plan identifies a list of products and the associated Harmonized Tariff Schedule
(HTS) Chapter or Heading as to which the requirement for a Plant Product Declaration Form
(PPQ 505) is anticipated to be enforced over the next eighteen months.
PPQ 505: Plant Product Declaration
A declaration is required to obtain release of a covered product. Customs and Border
Protection (CBP) has automated the process for collecting the PPQ 505 data elements. Data will
be transmitted to CBP's Automated Commercial System (ACS) through the Automated
Broker Interface (ABI) in the cargo release module. Electronic filing of the PPQ 505
declaration will not preclude remote location filing. Additional information on how to
electronically file the PPQ 505 data can be found in the Participating Government Agencies
chapter in the Customs and Trade Automated Interface Requirements (CATAIR) on
CBP.gov. ( Participating Government Agencies (doc - 706 KB.) ) An importer has the option to
complete and present a paper PPQ 505 for each line. If a paper form of the PPQ 505 is used,
the importer must mail the form to USDA at the address on the form.
As a reminder, providing false or misleading information to the U.S. government can result in
civil or criminal actions against any involved party and may result in the seizure and forfeiture
of the merchandise.
Covered Goods for Enforcement of the Declaration
As described in the February 3, 2009 notice, enforcement of the declaration requirement will
begin with the tariff schedule headings shown in the following table. Additional chapters are
scheduled for enforcement starting October 1, 2009 and April 1, 2010 (see 74 Fed. Reg.
5911 for details).
HTS Chapters Scheduled for the First Phase of Enforcement of the Plant Import
Declaration
Implementation of Enforcement
Acceptance of electronic submission of the required data elements began April 1, 2009. As
previously published, enforcement of the data collection requirement will begin on May 1,
2009. The 30-day delay of enforcement has allowed the government time to formulate a plan
for integrating the Lacey declaration requirement into CBP's expedited border release
programs, Automated Line Release (ALR) or Border Release Advance Screening and
Selectivity (BRASS). This plan is presented below.
Printed:
Thu Apr 30 15:48:25 PDT 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
Pilot Program
The government will begin a pilot program on May 1, 2009, for those entities currently
participating ALR or BRASS whose products require a Lacey Act declaration during the
current phase of enforcement. Under this pilot, the participant must make a choice as to
whether to remain active in the expedited program or to be removed from the expedited
program.
If a participant opts to be removed from the expedited program, no further action is
necessary. Effective June 1, 2009, that participant's C4 code will be inactivated. If a
participant opts to remain in the expedited release program, a two step process must be
completed.
Step 1
The participant must file with APHIS an advance estimated PPQ 505. Initially, and for
purposes of this pilot, the estimated PPQ 505 must be filed on a monthly basis. It must
include all data elements required on the PPQ 505. Genus, species, value, and quantity
fields should be an estimation of the participant's planned imports during the next calendar
month. The estimated PPQ 505 must be filed on or before the 15th day of the month prior to
the reporting period. The deadline for the first estimated PPQ 505 is May 15, 2009, covering
expedited release shipments planned for the month of June 2009.
Step 2
The participant must file with APHIS reconciliation within 15 days after the end of the month.
This reconciliation will be submitted in a format to be established and made available on the
APHIS website. The reconciliation will provide information on the actual shipments made
during the previous month. The deadline for the first reconciliation is July 15, 2009.
As an example, if a participant in ALR or BRASS that is required to make a Lacey Act
declaration wishes to remain in an expedited program for the month of June 2009, the
participant must file an estimated PPQ 505 with APHIS no later than May 15, 2009, for the
covered products that the participant expects to import during the month of June. The
participant must then also file a reconciled PPQ 505 with APHIS no later than July 15, 2009.
This process must be completed monthly during the pilot. The U.S. government will rely on
the collected data in its reports to Congress and in determining possible refinements and
extensions to enlarge the proc