APHIS – LACEY ACT PHASE VI – October 1, 2021 : Sanders Brokerage

APHIS – LACEY ACT PHASE VI – October 1, 2021

Posted by stevelsanders98230 on Tuesday, September 28, 2021 · Leave a Comment

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

Filed under CBP, HOME, USDA · Tagged with

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Value Information Tips

When you ship or send goods to the U.S.A., the question of "valuation" may arise. What you need to know is that the issue of how to value your goods for export to the U.S.A. are part of a very complex law in our U.S. Customs Regulations (CBP).
The U.S. valuation law is very similar to the valuation law first developed and implemented by Canada Customs. The basic bottom line concept on most imports deals with the goods being valued (appraised) at the actual transaction value. That is, the price paid or payable for the merchandise. Transaction value is commonly used in arms length (unrelated) sales where a specific relationship did not impact the price paid or payable for the goods.
The term Related means within the sale of the goods, that actual family relations are involved, or that there are mutual owners in the selling company and purchasing company. CBP feels that family relationship or mutual owners in the seller and the buyer could impact the value paid or payable for the goods..
In related sales, transaction value can still be used, provided it can be proven (via a test case) that the relationship did not impact the price paid or payable for the merchandise.
Further protocol flow of the valuation law is a bit more complex and deals with terms and concepts such as "Transaction Value of Identical or Similar Merchandise", "Computed Value", "Deductive Value", and "402f" (Customs last method of appraisement) when other valuation concepts determined.
The bottom line in this law is making sure that the U.S. Government is receiving it's full amount of duty money's and fees. Undervalued importations could result in a loss of revenue to the U.S. Government to which the government could pursue full reimbursement and penalty actions.
Please remember that declaring a proper value on your shipment for U.S. Customs purposes is a matter of law.

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