Lacey Act

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					A.N. Deringer, Inc.
Presents

Drilling Through the Lacey Act

A.N. Deringer, Inc. Webinar Presentation March 16, 2009

A Word About Deringer

*Global Transportation *Customs Brokerage *Consulting

*Warehousing & Distribution *Cargo Insurance *Meat Inspection

Today's Speaker
 Ms. Amy Magnus • District Manager • Licensed Customs Broker • Certified Customs Specialist • Certified Export Sepcialist • ACE Trade Ambassador for CBP’s Trade Support Network

What’s New
     WHTI – Western Hemisphere Travel Initiative ESAR (ACE Entry) Increased Trade Compliance Product Safety ITDS and MMM – Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA), Consumer Product Safety Commission (CPSC), Environmental Protection Agency (EPA), Federal Communications Commission (FCC), Census Bureau, Fish and Wildlife Service (FWS), National Marine Fisheries Service (NMFS), International Trade Commission (ITC) and Bureau of Industry and Security (BIS) • direct links to Customs in order to get the information they need for admissibility decisions

What is Lacey?
 The Farm Bill Changes to the Lacey Act took effect May 22, 2008, expanding protection to a broader range of plants and plant products.  It is now illegal to import, export, transport, or sell, receive, acquire, or purchase plants and plant products if the plant is taken in violation of any US, State, Tribal or Foreign law that protects plants.  Effective December 15, 2008, it is unlawful to import certain plants and plant products without an import declaration

Declaration?
 PPQ Form 505 can be found on www.aphis.usda.gov/plant_health/lacey_act  Deringer’s website – www.anderinger.com  Requires: – Scientific name – Value of import – Quantity of the plant – Country of origin of harvest – For paper, and paperboard products, the declaration must include the average percent of recycled content regardless of species or country of origin

When is the Declaration Required
 At time of importation

 Phase I – December 15, 2008 through April 1, 2009
 Phase II - April 1, 2009 (delayed to May 1) – September 30, 2009  Phase III - October 1 – March 31, 2010

 Phase IV - April 1, 2010 – September 30, 2010

Phase I: December 12, 2008 to March 2009

 The submission of the PPQ Form 505 was optional in the Phase I enforcement period. Automation was not programmed until April, 2009.

 If the form is submitted, all information must be true and correct.

Phase II
 Started April 1, 2009, but was “delayed” until May 1, 2009  Begins the schedule by phasing in products based on the degree of processing and complexity of their composition.  Phase II contains products that are minimally processed, wood in the rough for example.

Phase II
 Chapter 44 Headings, Wood and Articles of Wood

– – – – – – – – –

4401- Wood Fuel 4403 - Wood in the Rough 4404 -Hoopwood; poles,piles, stakes 4406 - Railway or tramway sleepers 4407 - Wood sawn or chipped lengthwise 4408 - Sheets for veneering 4409 - Wood continuously shaped 4417 -Tools, tool handles,broom handles 4418 -Builders’ joinery and carpentry of wood

Phase III
 Begins October 1, 2009  Contains products that are more processed and of more complex composition.

Phase III
 Chapter 44 headings (wood & articles of wood) – – – – – – – – – – – 4402 – Wood charcoal 4405 – Wood wool 4410 – Particle board 4411 – Fiberboard of wood 4412 – Plywood, veneered panels 4413 – Densified wood 4414 – Wooden frames 4415 – Packing cases, boxes, crates, drums 4416 – Casks, barrels, vats, tubs 4419 – Tableware & kitchenware of wood 4420 – Wood marquetry; caskets; statuettes

Phase III cont.
 Chapter 47 Headings – Wood Pulp

– – – – –

4701 – Mechanical wood pulp 4702 – Chemical wood pulp, dissolving 4703 – Chemical wood pulp, sulfate 4704 - Chemical wood pulp, sulfite 4705 – Combination mechanical and chemical

Phase IV
 April 1, 2010

 Chapter 44 Headings – wood & articles of wood
 Chapter 48 headings – paper & articles of – 4801-4811 – papers, tissue, parchment, corrugated, coated paper  Chapter 94 Headings – furniture, etc. – 940169 – seats with wooden frames

Phase IV cont.
 Chapter 94 Headings – furniture, etc.

– – – – – –

940169 – seats with wooden frames 940330 – wooden office furniture 940340 – wooden kitchen furniture 940350 – wooden bedroom furniture 940360 – other wooden furniture 94039070 – wooden furniture parts

Any Exclusions?
 Common cultivars, except trees  Common food crops and products thereof  Scientific specimens for research  Plants to remain planted or to be replanted

Any Exclusions? Cont.
 At this time, APHIS does not intend to enforce the declaration requirement for: – – – – – – – Informal entries Most personal shipments Mail (unless subject to formal entry) T&E entries In-transit moves Carnets FTZ and WHS entries

Any Exclusions cont.
 APHIS will enforce only for the product being imported, not sundries that ordinarily accompany the product. For example: – – – – Tags, Labels Manuals Warranty cards

How Do I Submit?
 Complete the APHIS Form  Mail the completed form to Lacey Act, c/o U.S. Department of Agriculture Box 10, 4700 River Road Riverdale, MD 20737

 Through ABI

Line Release or BRASS
 Step 1 The participant must file with APHIS an advance estimated PPQ 505. Initially, and for purposes of this pilot, the estimated PPQ 505 must be filed on a monthly basis. It must include all data elements required on the PPQ 505. Genus, species, value, and quantity fields should be an estimation of the participant’s planned imports during the next calendar month. The estimated PPQ 505 must be filed on or before the 15th day of the month prior to the reporting period. The deadline for the first estimated PPQ 505 is May 15, 2009, covering expedited release shipments planned for the month of June 2009.  Step 2 The participant must file with APHIS reconciliation within 15 days after the end of the month. This reconciliation will be submitted in a format to be established and made available on the APHIS website. The reconciliation will provide information on the actual shipments made during the previous month. The deadline for the first reconciliation is July 15, 2009.

Line Release and BRASS
 If you are importing products covered by Lacey, and intend to remain on Line Release and or BRASS and want to participate in the pilot you must notify APHIS.  APHIS sources state that this notification should be mailed in letter form to: The Lacey Act; c/o U.S. Department of Agriculture; Box 10; 4700 River Road; Riverdale, Maryland 20737  The advance monthly quantity of Chapter 44 shipments that is expected to be shipped should be overestimated, to avoid importing merchandise that is not declared, APHIS sources advise.

What Exactly Do I Submit?
 PPQ Form has 18 Data Elements: – – – – – – – 1. Estimated date of Arrival 2. Entry Number 3. Container Number (optional) 4. Bill of lading 5. MID 6. Importer Name 7. Importer Address

What Exactly Do I Submit? Cont.
 PPQ Form has 18 Data Elements: – – – – – – 8. Consignee Name 9. Consignee Address 10. Description of the Merchandise 11. HTSUS Number 12. Entered Value 13. Article/component of Article (description of the article)

What Exactly Do I Submit? Cont.
 PPQ Form has 18 Data Elements: – 14. Plant Scientific Name (For each article/component, enter the scientific name. If the species of the plant used to produce product varies, and the species used to produce the product is unknown, enter each species that may have been used to produce the product.)

What Exactly Do I Submit? Cont.
 PPQ Form has 18 Data Elements: – 15. Country of Harvest (where the plant was harvested – if the country of harvest varies, and is unknown, enter all countries from which the plant material in the product may have been harvested.) – 16. Quantity of material (How much product/merchandise is in the shipment)

What Exactly Do I Submit? Cont.
 PPQ Form has 18 Data Elements: – 17. Unit of Measure • Doz • Kg • Meter • Square Meter • Cubic Meter • Number • Pieces • Metric tons • Board Feet

What Exactly Do I Submit? Cont.
 PPQ Form has 18 Data Elements: – 18. % Recycled Material (If the product is paper or paperboard, enter the percentage of recycled material it contains (0-100%). If the percentage of recycled material varies, enter the average percentage of recycled material used in the product (example: If the percentage of recycled material used is between 25% and 45%, enter 35%)

Don’t Know the Scientific Name? Try This:
 http://plants.usda.gov/classification.html Type in the word “pine”

Additional Research Sources
 http://www.ars-grin.gov/cgi-bin/npgs/html/index.pl

Consequences of Non-Compliance
 Civil penalties: up to $10,000 per violation  Criminal penalties: up to $500,000 per violation plus up to five years prison  Civil Forfeiture

 Civil Administrative Penalty of $250 for failure to comply with declaration requirements (not for knowing violators)  Refusal of entry

In Plane English…
 Make sure your shipments were obtained legally  Make sure your shipments’ documentation and records are true and accurate  Make sure your shipment is properly declared under the Lacey Act declaration requirement

Thank you for your time...
Amy Magnus CBP Trade Ambassador, District Manager email: amagnus@anderinger.com Telephone: 518-298-8281

DISCLAIMER: The information contained in this presentation is meant to serve as general guidance. It is not intended to constitute legally binding advice or the treatment of imported merchandise or goods under the various Trade Agreements Programs referenced herein.


				
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