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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

2 March 2011

Dear Sirs,

Commercial Information Circular No. 142/2011

US : Review on the Lacey Act Declarations

The Animal and Plant Health Inspection Service (APHIS) of the US Department of Agriculture (USDA) issued in the Federal Register (FR) of 28 February 2011 a notice to invite public comments to review of the implementation of the declaration requirements pursuant to the amended Lacey Act. Interested parties may submit comments to the APHIS by 14 April 2011. The FR notice is available at: http://edocket.access.gpo.gov/2011/pdf/2011-4357.pdf.

DETAILS

2. The Lacey Act combats trafficking in illegal wildlife, fish, and plants. The Food, Conservation, and Energy Act of 2008, effective 22 May 2008, amended the Lacey Act by expanding its protections to a broader range of plants and plant products and makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken in violation of any Federal, State, tribal, or foreign law that protects plants. In addition, Section 3 of the Lacey Act, as amended, makes it unlawful, beginning 15 December 2008, to import certain plants and plant products without an import declaration. The declaration must contain, among other things, the scientific name of the plant, value of the importation, quantity of the plant, and name of the country from which the plant was harvested.

3. The provisions also require the APHIS to conduct review on the implementation of the declaration requirements and to seek public comments during the review. After the review, the APHIS is required to submit a report to the US Congress, taking into account the public comments received. The APHIS now seeks public comments on the effectiveness of the declaration requirements as well as other recommendations. Please refer to the FR notice for details of the review.

ENQUIRIES

4. For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,

(Miss Carmen CHAN)
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.