Phase VII of the Lacey Act Declaration Implementation Begins December 1

As the enforcement deadline approaches, importers must familiarize themselves with the new declaration requirements to ensure compliance.

Starting December 1, 2024, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) will implement new Lacey Act declaration requirements for specific imported plant and wood products.

This will affect U.S. importers handling furniture, cork products, certain essential oils, and other plant-derived goods.

Phase VII of the Lacey Act broadens the scope of import declarations to cover an extensive range of plant product categories that previously did not require reporting.

It specifically mandates import declarations for all Harmonized Tariff Schedule (HTS) codes involving plant products that are not made entirely of composite materials.

What is the Lacey Act?

The Lacey Act, established in 1900, addresses the trafficking of illegally obtained wildlife, fish, and plants. In 2008, the Food, Conservation, and Energy Act modified the Lacey Act, mandating that importers provide a declaration upon importing specific plants and plant products.

First implemented on April 1, 2009, APHIS maintains the declaration requirement to protect the health and value of U.S. agriculture and natural resources.

As regulatory measures advance, APHIS constantly works to improve sustainable trade practices and support legal trade in plant-based products.

Do you need a Lacey Act declaration?

You will need to file a Lacey Act declaration if all of the following apply to your product or shipment:

• It contains plant material
• It is classified under an APHIS-listed Harmonized Tariff Schedule (HTS) code
• It is imported as a formal entry
• It falls under one of these entry type codes

The information you need for your declaration

You will need to provide the following data on your declaration form:

• Scientific name (genus and species) of any plant contained in the shipment
• Description of shipment
• Value of the product 
• Quantity of the plant (in metric units of measure) 
• Name of the country from which the plant was taken
• Importer name and address
• Consignee name and address
• HTS Code
• Bill of lading
• Container number
• Manufacturer Identification Code (MID)
• Name and contact information for the importer of record or their agent

The importer of record or their agent can file the declaration using one of these options:

1. Automated Commercial Environment (ACE)

1. Lacey Act Web Governance System (LAWGS)

How to prepare for the new Lacey Act requirements

As an importer, here is what you can do to ensure compliance with the new requirements:

• Prepare your documentation: Ensure that your supply chain is fully traceable, with details on plant species and sources readily available for declaration purposes.

• Coordinate with suppliers: Communicate with your suppliers to confirm the origin of all plant-based materials.

• Stay informed: Review APHIS guidelines and HTS codes affected under Phase VII to avoid potential delays or penalties.

If you need more information or help completing your declaration form, please reach out to one of our trade professionals.