As of December 1, 2024, Phase VII of the Lacey Act enforcement schedule is now effective and an Import Declaration (PPQ 505 form) is now required for over 250 Harmonized Tariff Schedule (HTS) codes of plants and plant-based products. Phase VII includes a wide variety of materials and plant products, such as furniture, cork, and some essential oils that have not previously required a declaration. See the USDA site on filing a Lacey Act Declaration.

In Phase VII, Lacey Act declarations will be required for all remaining plant product HTS codes that are not 100% composite materials. Importers of such items who do not currently file a Lacey Act declaration will likely need to file one under Phase VII. APHIS encourages importers to be familiar with their supply chain and reviewing what information is necessary to file a declaration. APHIS’ Lacey Act web page provides the following guidance:

• Know your supply chain for each piece of plant material in the product
• Learn how to file a declaration
• Read the frequently asked questions (FAQs)
• Stay connected

While many plants and plant products require a Lacey Act declaration, the following do not:

• Common cultivars, except trees
• Common food crops
• A scientific specimen of plant genetic material used only for laboratory or field research
• Any plant that is to remain planted or will be replanted
• Packaging material such as wood crating, wood pallets1, cardboard boxes, and packing paper used as cushioning or support unless the packaging material itself is the item being imported.
• The plant material in a product represents no more than 5 percent of the total weight of the individual product unit, provided the total weight of the plant material in an entry of products in the same 10-digit tariff provision does not exceed 2.9 kilograms.

For a complete list of the HTS codes that now require a declaration, click here. 

In addition to the value and quantity of every plant or plant product contained in the merchandise, PPQ 505 includes reporting of the species (using the full scientific name: genus and species) and country of harvest (which is different than country of origin). If the plant species from which the product is made varies and is unknown, importers will have to declare the name of each species that may have been used to produce the product. Similarly, if a plant product is made of plant species commonly harvested in more than one country and the country is unknown, the importer will be required to declare the name of each country from which the plant may have been harvested.

The Lacey Act combats illegal trafficking of wildlife, fish, and plants. The 2008 Farm Bill amended the Lacey Act (16 U.S.C. §§ 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 covered products without a declaration.

The failure to submit a PPQ 505 import declaration when one is otherwise required is subject to a fine not to exceed $250 per violation. However, any person who knowingly fails to submit an import declaration is subject to a civil penalty up to $10,000 per each violation.2 Submission of incomplete or inaccurate declarations would be subject to the same penalties.

For additional information see the APHIS Federal Register notice of May 31, 2024 regarding the Phase VII implementation of Lacey Act Provisions and the web links provided in this newsletter.

Phase VIII of APHIS' Lacey Act Declaration
Requirements: Composite Materials

Phase VIII will cover composite articles made with or incorporating plant materials. See the Federal Register detailing the Lacey Act implementation for composite materials.

If have questions about this notice or other customs matters, contact George Tuttle III at geo@tuttlelaw.com or at 415-986-8780.   

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.