APHIS Implementing Phase Six of the Lacey Act, Scheduled to go into Effect on October 1, 2020

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is announcing the implementation of phase six of the Lacey Act enforcement schedule, which will go into effect on October 1, 2020. First enacted in 1900, the Lacey Act combats trafficking in illegally taken wildlife, fish, or plants. The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. APHIS ensures compliance with the declaration requirement as part of its mission to protect the health and value of American agriculture and natural resources, and it began enforcing the declaration requirement on April 1, 2009.
Since 2009, APHIS has been phasing in enforcement of the declaration requirement, as described in three previous notices APHIS published in the Federal Register. To view these notices please visit http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119.
APHIS is inviting public comment on the products covered under the phase six enforcement schedule, including certain essential oils, wood cases and trunks, and musical instruments, among other things. We are also asking whether any other products should be included in phase six. If APHIS includes additional products in the phase six enforcement schedule, it will provide at least six months’ notice to persons and industries affected by those changes. For more information about the Lacey Act and the products that currently require a declaration, go to http://www.aphis.usda.gov/plant_health/lacey_act/.
APHIS will consider all comments received on or before June 1, 2020. This notice, which includes the full list of products covered under phase six, may be viewed in the Federal Register upon publication on March 31, 2020 at
https://www.federalregister.gov/documents/2020/03/31/2020-06695/implementation-of-revised-lacey-act-provisions.

Phase VI of the enforcement schedule, which would begin on October 1, 2020, is described below. We invite public comment on the products covered under this phase of the plan, as well as on whether any additional Harmonized Tariff Schedule (HTS) chapters should be included in the current phase-in schedule. Should there be additions to phase VI, we intend to provide at least 6 months’ notice to persons and industries affected by those changes to facilitate compliance with the new requirements. Changes will be announced in the Federal Register.
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”
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)
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

Flegenheimer International will continue to monitor and provide any further updates.