Sobel Network Shipping is an experienced customs broker filing entries across multiple commodities requiring data to be submitted to not just CBP, but additional regulatory agencies with jurisdiction over designated products. Whether FDA and medicines or EPA and engines or chemicals, submitting the agency’s required data usually involves completing additional fields in our operational system which CBP then routes to the agency for review, inquiry and ultimately release.
One of those agencies with whom we work regularly is the United State Department of Agriculture, or USDA. The USDA has jurisdiction over the Lacey Act – a regulation that imposes origin identification requirements to prevent trafficking in wildlife, fish and plants, including wood and wood products.
There have so far been five phased-in requirements to provide data on different subsets of products. The next phase of the Lacey Act’s implementation, Phase VI, is scheduled to occur on July 1st. However, the NCBFAA’s Regulatory Agencies Committee has been working diligently with USDA who are in danger of not putting forth the required guidance with sufficient time for the trade to prepare to submit the required information. From the NCBFAA’s guidance to us:
The Animal and Plant Health Inspection Service (APHIS) told NCBFAA that it is removing one of the “essential oils” HTS numbers in the previously published list-3301295150-essential oils of “other.” This is welcome news, since that category covers a broad range of products.
The agency also will issue guidance to clarify the disclaim process for products that contain a very small amount of plant material (less than 5% by weight)-the so-called “de minimis” exception. Disclaims will also be allowed for used/recycled/repaired pallets/containers (unloaded) and for loaded pallets (that are exempt as packaging material).
Also from the NCBFAA, here is the list of HTS numbers that require either data on their origin or a disclaimer for Phase VI:
Ch. 33 Headings (Essential Oils)
- 3301295109-essential oils of cedarwood
- 3301295121-essential oils of linaloe or bois de rose
- 3301295139-essential oils of sandalwood
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
- 9209992000-parts and accessories for bagpipes
- 9209994040-parts and accessories for other woodwind instruments
- 9209998000-other, other
Ch. 96 Headings (Miscellaneous Manufactured Articles)
- 9620005500-monopods, bipods, tripods, and similar articles of wood
Importers of goods that are classified under these headings should be prepared to provide Sobel Network Shipping with the required Lacey Act data elements, or to inform us that the goods are able to be disclaimed because they are not made of a Lacey Act qualifying material (such as wood).
With the scheduled implementation due to take place next week, the easiest thing for the agency to do would be to delay the implementation date. While this seems the reasonable thing for the agency to do, we will continue to prepare for a July 1st implementation date and stand ready to communicate with the USDA on a case-by-case basis to ensure clients’ import entries are not delayed or refused entry.
