APHIS – LACEY ACT PHASE VI – October 1, 2021

The following article submission has been provided by the NCBFAA (The National Customs Brokers and Forwarders of America):

On Oct. 1, customs brokers will see new tariff flags for USDA’s Animal and Plant Health Inspection Service (APHIS) Lacey, requiring transmission of a Lacey Act declaration or a valid disclaim for products classified in these tariff categories.

The product categories include new wooden pallets, containers or packaging that are NOT under load, some essential oils, additional musical instruments, oriented strand board, bi-pods and tripods, and trunks, cases, and suitcases. The specific HTS numbers are listed below.

NCBFAA Regulatory Agencies Committee (RAC) Chair Mike Lahar of A.N. Deringer participated last week in a timely and informative webinar sponsored by the National Wooden Pallet and Container Association (NWPCA) on the APHIS Lacey requirements. He was joined by Karen Williams, Compliance Specialist at APHIS. The focus of the webinar was on pallets and both speakers emphasized that the declaration requirement does not apply to pallets (new or used) that are “under load.” Nor does it apply to used, recycled, or repaired pallets – whether empty or under load. In both cases, a disclaim code A or B must be transmitted. The declaration must be provided for new pallets that are the product being imported.

Lahar provided a practical perspective on the filing requirements, clarifying when a broker needs to file the declaration, and when to transmit a disclaim code. To view a replay of the webinar, go here and use this Access Passcode: LaceyAct_0921.

For more information, visit the APHIS Lacey Act website here.

Following are the HTS numbers that will be flagged beginning Oct. 1:

Ch. 33 Headings (Essential Oils)

3301295109—essential oils of cedarwood

  • 3301295121—essential oils of linaloe or bois de rose
  • 3301295139—essential oils of sandalwood

Ch. 42 Headings (Trunks, Cases, Suitcases)

4202292000—trunks, cases, and suitcases of wood

  • 4202992000—other, of wood, not lined
  • 4202993000—other, of wood, lined

Ch. 44 Headings (Wood and Articles of Wood)

  • 441012—oriented strand board (OSB)
  • 4415—cases, boxes, crates, drums, containers, pallets, box-pallets, etc.

Ch. 92 Headings (Musical Instruments)

  •  9205902000—wind musical instruments: bagpipes
  • 9205904020—clarinets
  • 9205904080—other (woodwind instruments)
  • 9205904060—flutes and piccolos
  • 9206002000—drums
  • 9207900040—musical instruments (fretted string instruments)
  • 92—parts and accessories for musical instruments of heading 9202
  • 9209992000—parts and accessories for bagpipes
  • 9209994040—parts and accessories for other woodwind instruments
  • 9209998000—other

Ch. 96 Headings (Miscellaneous Manufactured Articles)

9620005500—monopods, bipods, tripods, and similar articles of wood

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