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December 1, 2024, Lacey ACT Phase VII Declaration
from: aphis.usda.gov
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Phase VII of the Lacey Act provisions for certain imported plants and wood products began implementing on December 1, 2024. In this phase, Lacey Act declarations are required for all remaining plant products Harmonized Tariff Schedule (HTS) codes that are not 100-percent composite materials.
Lacey Act declarations are now required on a wide array of imported products, including furniture, additional essential oils, sporting goods, housewares, tools, boats and vehicles, cork etc. Please see the below complete list of products.
View the full list of products included in Phase VII on our Implementation Schedule web page.
Lacey Act proper use of Special Use Designations Special Use Designations | Animal and Plant Health Inspection Service example: Composite, Recycled, and Reclaimed Plant Materials
Tips for Importers
Here’s what you can do for Phase VII:
- 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 include 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.
- Learn how to file a declaration. Familiarize yourself with the requirements and what information you need to file.
- Get answers to your questions. For more specifics, check out our frequently asked questions.
Lacey Act Declaration Requirements Last Modified: October 23, 2024
You can review the information on this website: Lacey Act Declaration Requirements this lists the requirements for Common Products.
Do You Need a Declaration?
Yes
You do need to file a Lacey Act declaration if all of the following apply to your product or shipment:
- Contains plant material
- Classified under an APHIS-listed Harmonized Tariff Schedule (HTS) code
- Imported as a formal entry
- Falls under one of these entry type codes
No
You do not need to file a Lacey Act declaration if at least one of the following applies to your product or shipment:
- Free of plant material
- Hand-carried in personal baggage or arrives via international mail
- Contains finished products not classified in an APHIS-listed HTS code, even if some materials used to create the product might otherwise require a declaration
- Imported as an informal entry
- Will not remain in the United States (in-bond movements and carnets)
- Meets the de minimis* requirement
- Is in one of these exempt products categories (unless it’s a protected product; then, it requires a declaration)
- Common Cultivars and Common Food Crops
- Scientific specimens for lab or field research only
- Plants that will remain planted or will be planted or replanted
*De Minimis Exception -Products containing a minimal, or “de minimis,” amount of plant material are excepted from the declaration requirement if: The plant material in the product represents no more than 5 percent of the total weight of the individual product unit, provided that the total weight of the plant material in an entry of products in the same 10-digit provision of the Harmonized Tariff Schedule (HTS) of the United States does not exceed 2.9 kilograms. The exception does not apply if the product contains plant material listed: In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction. More Information: April 2020 Final Rule—Lacey Act Implementation Plan: De Minimis Exception For products that meet the de minimis requirement, you can apply disclaimer code “G” to fulfill the Lacey message set requirements when filing import documents in CBP’s Automated Commercial Environment. Note: APHIS’ Lacey Act de minimis exception is not related to CBP’s de minimis exemption, which is based solely on a shipment’s value.
For help complying with the Lacey Act declaration requirement:
Lacey Act Team
Email: lacey.act.declaration@usda.gov
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Products included in Phase VII
