APHIS – LACEY ACT PHASE VI – August 1st, 2021

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

APHIS Lacey Phase VI Implementation Will Begin Aug. 1   October 1st.


Last week, the NCBFAA Regulatory Agencies Committee (RAC) reported that the USDA’s Animal and Plant Health Inspection Service (APHIS) Lacey Phase VI would be delayed one month – to Aug. 1. At the last minute, however, APHIS Administrator Kevin Shea requested a delay until Oct. 1, 2021, to give the trade more time to prepare. A July 2 Federal Register provides further details.  

U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) Lacey officials informed the NCBFAA RAC that the Phase VI implementation will not occur on July 1. A Federal Register notice will be published any day announcing that the APHIS Lacey Phase VI implementation will instead occur on Aug. 1, or 30 days after the Federal Register notice is published. No further delays are expected.

APHIS will only require a Lacey declaration for products in harmonized tariff provision 4415 (wood pallets and containers) that are imported as the new commodity. This will not include products that are used, recycled or reclaimed. Nor will it include loaded pallets or containers.

The following HTS codes will require a Lacey declaration at that time:

Ch. 33 Headings (Essential Oils)

  • 3301295109-essential oils of cedarwood
  • 3301295121-essential oils of linaloe or bois de rose
  • 3301295139-essential oils of sandalwood
  • 3301295150-essential oils of “other” <Removed from Phase Six

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. (APHIS will only require a declaration for new products, not for those that are used, recycled, or reclaimed.)

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)
  • 9209.92-parts and accessories for musical instruments of heading 9202
  • 9209928000-parts and accessories for musical instruments
  • 9209992000-parts and accessories for bagpipes
  • 9209994040-parts and accessories for other woodwind instruments
  • 9209998000-parts and accessories for musical instruments of heading 9202, other

Ch. 96 Headings (Miscellaneous Manufactured Articles)

  • 9620005500-monopods, bipods, tripods and similar articles of wood

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