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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2

22 October 2009

Dear Sirs,

Commercial Information Circular No. 531/2009

US : CBP's Guidance on the Lacey Act Declaration

The US Customs and Border Protection (CBP) posted on 15 October 2009 a notice entitled "Guidance on the Lacey Act Declaration" to its website at
http://www.cbp.gov/xp/cgov/trade/trade_programs/entry_summary/laws/food_energy/
amended_lacey_act/guidance_lacey_act.xml to remind the trade that CBP has automated the process for collecting the data elements of Plant Product Declaration Form (PPQ 505) and urges importers to use the electronic system to file the US Lacey Act declaration. A copy (pdf format) of the notice is appended to this circular for reference.

DETAILS

  1. The Lacey Act makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken or traded in violation of the laws of the US, a US State or a foreign country. The trade was informed via Commercial Information Circular No. 235/2009 that the CBP posted on 5 May 2009 a guidance to its website to remind the trade that CBP has enforced the Lacey Act declaration requirement for covered products on 1 May 2009.
     

  2. The CBP now posted another guidance to its website reminding the trade that CBP has automated the process for collecting the PPQ 505 data elements. It expects and urges most importers to use the electronic system to file the Lacey Act declaration. Information on how to electronically file the PPQ 505 data can be found in the chapter "Participating Government Agencies" in the CBP's Customs and Trade Automated Interface Requirements webpage at
    http://www.cbp.gov/xp/cgov/trade/automated/automated_systems/abi/catair/chapters/. An importer has the option to complete and present a paper PPQ 505 for each line. If a paper form of the PPQ 505 is used, the importer must mail the form to the US Department of Agriculture (USDA) at the address on the form. The PPQ 505 form can be downloaded from the website of the Animal and Plant Health Inspection Service (APHIS) of the USDA at
    http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf. Details of filing the Lacey Act declaration are set out in the guidance notice.
     

  3. The CBP reminds that providing false or misleading information to the US government can result in civil or criminal actions against any involved party and may result in the seizure and forfeiture of the merchandise.
     

  4. Traders are advised to visit the website of the APHIS which is available at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml for the latest information regarding the Lacey Act. Traders are also strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.

 

ENQUIRIES

 

  1. 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