Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 111/2
3 September 2009
Dear Sirs,
Commercial Information Circular No. 449/2009
US : Implementation of Revised Lacey Act Provisions
The US Department of Agriculture (USDA) announced in the Federal Register (FR) notice of 2 September 2009 its revised plan to phase in enforcement of the declaration requirement and other implementation plans of the US Lacey Act. It also clarified that a declaration is not required for products that have no wood or other plant content. Interested parties may submit comments on the plans to the USDA on or before 2 November 2009. A copy (pdf format) of the FR notice is appended to this circular for reference.
DETAILS
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The trade was informed via Commercial Information Circular No. 63/2009 that the USDA published a notice in the FR of 3 February 2009 to seek public comments on its revised phase-in plan of the declaration requirement for goods of, or containing, plants or plant products under the Lacey Act. After review of the comments received, further internal consideration, and experience with implementation of the first phase of enforcement of the declaration requirement, the USDA has revised the phase-in schedule, which covers the period from 15 December 2008 to 31 August 2010.
Revised phase-in schedule
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Amongst other things, the USDA has (i) modified Phase III, which is scheduled to begin on 1 October 2009; (ii) substantially revised Phase IV, scheduled to begin 1 April 2010; and (iii) decided to further delay enforcement of the declaration for products such as composite and recycled or reused materials (e.g., medium density fiberboard, particleboard, and scrap wood) and proposed to begin enforcing the declaration for the above-mentioned products no earlier than 1 September 2010. The revised phase-in enforcement schedule through 31 August 2010 is described in the table below:
|
Phase |
Effective Date |
Products Covered (Harmonized Tariff Schedule (HTS) Chapters) |
|
II |
1 April 2009 |
Chapter 44 Headings (wood & articles of wood)… 4401 - (Fuel wood)… 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). |
|
III |
1 October 2009 |
Chapter 44 Headings (wood & articles of wood) 4402 - Wood charcoal… 4412 - Plywood, veneered panels, except 4412 9906 and 4412 9957. 4414 - Wooden frames… 4419 - Tableware & kitchenware of wood 4420 - Wood marquetry, caskets, statuettes. Plus Phase II… |
|
IV |
1 April 2010 |
Chapter 44 Headings (wood & articles of wood) 4421 - Other articles of wood. Chapter 66 Headings (umbrellas, walking sticks, riding crops). 6602 - Walking sticks, whips, crops.
Chapter 82 Headings (tools, implements).
Chapter 92 Headings (musical instruments).
Chapter 93 Headings (arms and ammunition).
Chapter 94 Headings (furniture, etc.).
Chapter 95 Headings (toys, games, & sporting equipment). Plus Phases II & III. |
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According to the FR notice, there will be no further additions to Phases III or IV. The USDA intends to provide at least 6 months’ notice to persons and industries affected by changes to the phase-in schedule to facilitate compliance with the new requirements and the changes will be announced in the FR.
Declaration form and further information
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A printable declaration form and the latest information regarding the Lacey Act are available on the website of the Animal and Plant Health Inspection Service of the USDA at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml. Traders are also strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.
ENQUIRIES
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For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.
Yours faithfully,
(Miss Bonny CHAO)
for Director-General of Trade and Industry
| Note : | While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same. |