USDA revises Lacey Act enforcement schedule

USDA revises Lacey Act enforcement schedule    The U.S. Department of Agriculture's Animal Plant and Health Inspection Service last week revised the schedule for phasing in enforcement of new import requirements for wood-bearing products under the Lacey Act.
   The agency said it adjusted the full enforcement schedule through Aug. 31, 2010, with enforcement occurring in earlier stages for different types of products, as classified in the U.S. tariff code. It is the second time that the phase-in period has been changed in response to public comments. Most of the changes involved the types of wood products covered under different enforcement phases, rather than actual changes to the start dates for enforcement periods.
   Under the earlier approach, wood products that are most clearly covered by the law were required to be listed on the plant product declaration.

Related News •   USDA eases Lacey Act timelines

   APHIS, U.S. Customs and Border Protection and other agencies began the second phase of enforcement on April 1 for certain categories of wood products, such as poles, wooden stakes and rough wood. Under the revised schedule, third-phase products such as plywood, wood veneer, and kitchen furniture must be fully listed on the import declaration by Oct. 1. The fourth phase of enforcement will begin April 1, 2010, and cover products such as pianos, umbrellas, toys and furniture.
   The only change to the third-phase schedule involved removing several items from the list. Phase four underwent the biggest change.
   The amended enforcement schedule only applies to the information on the import declaration. Other aspects of the new Lacey Act are already in effect.
   Complete and accurate import declarations for composite and recycled or reused materials such as particleboard and scrap wood will not be mandatory until Sept. 1, 2010 at the earliest because of the difficulty identifying the specific trees used in production, the agency said.
   Congress amended the longstanding law in May 2008 to make it illegal to acquire or sell most types of plants in violation of domestic or foreign laws, primarily aimed at protecting forests. To monitor trade in illegal wood and plant products, the act requires an import declaration for certain plants and plant products listing the scientific name of the plant in the product, quantity, value and country of origin.
      APHIS said it is considering requests to allow industry to use so-called blanket declarations to cover imports over a period of time rather than shipment-by-shipment. CBP is testing such an approach to see if the quality of data on wood products remains high under such a process.
   The Federal Register notice on the Lacy Act is available here.