FAQs on Trade Regulations

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Customs 10+2
What are the required 10+2 elements?
What are the three stages of ISF compliance?
Why is 10+2 important to my company?
In what ways can an automated solution for import compliance help with 10+2?
Which option do you have for ISF filing?
What kind of issues have you been seeing with your current customers that are already filing?
 
Lacey Act
What is the Lacey Act?
What products are affected?
What are the declaration requirements and when will it be effective?
How does this impact your company's imports?
How will Amber Road's Trade Content and Trade Automation solutions help Importers?
Additional Resources
 

1. What is the Lacey Act?

The Lacey Act is the oldest wildlife protection statute in the U.S., passed originally in 1900 and significantly amended in 1981. But on May 22, 2008, the Lacey Act was amended to expand the protection to a broader range of plants and plant products as part of Section 8204 of The Food, Conservation, and Energy Act of 2008. The amendment also makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate and foreign commerce of plants and plant products that are under legal protection in the US and any foreign laws. Most importantly from a global trade management perspective, it is now unlawful to import certain plant and plant products without an import declaration. The declaration will include the scientific name of the plant, its genus and species, country of harvest, quantity of the plant, value of the importation and if paper and paperboard products containing recycled content, the average percentage of recycled content without regard for species or country of harvest.

To facilitate the import process and subsequent enforcements by APHIS (Animal and Plant Health Inspection Service of the U.S. Department of Agriculture), CBP (U.S. Customs and Border Protection) has agreed to update its electronic entry system (ABI) to support the capture of these reporting declarations electronically. Starting April 1, 2009, CBP has confirmed that its ABI (Automated Broker Interface) system is prepared to receive electronic declaration as part of is Lacey Act enforcement, based on APHIS phase-in periods of targeted HS chapters between April 1, 2009 thru September 30, 2010.

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2. What products are affected?

As published in the Federal Register in February 3, 2009, the following phases are defined by APHIS for enforcement purposes:

  Phase 1 (Dec 2008 - March 31, 2009):
  Voluntary paper declaration via PPQ 505 form available on APHIS' web site -http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml
  Phase 2 (April 1, 2009 - September 30, 2009):
  HTS Chapter 44 (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)
  Phase 3 (October 1, 2009 - March 31, 2010):
  HTS Chapter 44 (Wood & Articles of Wood)
  4402 (Wood charcoal)
  4412 (Plywood, veneered panels except 44129906 and 44129957)
  4414 (Wooden frames)
  4415 (Packing cases, boxes, crates, drums)
  4419 (Tableware & kitchenware, of wood)
  4420 (Wood marquetry; caskets; statuettes)
  Plus Phase I and II's Requirements
  4704 (Chemical wood pulp, sulfite)
  4701 (Mechanical wood pulp)
  Chapters 4405 - 4416 (Particle, Fiberboards, Barrels)
  Chapter 4701 (Wood Pulp)
  Phase 4 (April 1, 2010 - September 30, 2010):
  HTS Chapter 44 (Wood & Articles of Wood)
  4421 (Other articles of wood)
  4802 (Uncoated writing paper)
  HTS Chapter 66 (Umbrellas, Walking Sticks, Riding crops)
  6602 (Walking sticks, whips, crops)
  HTS Chapter 82 (tools, implements)
  8201 (Hand tools)
  HTS Chapter 92 (musical instruments)
  9201 (Pianos)
  9202 (Other Stringed Instruments)
  HTS Chapter 93 (Arms and ammunition)
  9302 (Revolvers and pistols)
  93051020 (Parts and accessories for revolvers and pistols)
  HTS Chapter 94 (Furniture, etc.)
  940169 (Seats with wood frames)
  HTS Chapter 95 (Toys, games, & sporting equipment)
  950420 (Articles and accessories for billiards)
  HTS Chapter 97 (Works of art)
  9703 (Sculptures)
  Plus Phase I, II, and III's Requirements
  Future Products Under Consideration, Post-September 1, 2010:
  HTS Chapter 48 (Paper & articles of)
  HTS Chapter 66 (Umbrellas, Walking sticks)
  HTS Chapter 82 (Tools)
  HTS Chapter 89 (Ships, boats)
  HTS Chapter 92 (Musical Instruments)
  HTS Chapter 93 (Arms and ammunition)
  HTS Chapter 94 (Furniture)
  HTS Chapter 95 (Toys, games, and sporting goods)
  HTS Chapter 96 (Brooms, pencils, buttons)

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3. What are the declaration requirements and when will it be effective?


Beginning December 15, 2008, an Importer must submit a declaration by the time of importation (i.e., entry) for affected products with:

Scientific name of plant (including genus & species)
Value of importation
Quantity of the plant
Name of the country in which the plant was harvested
For paper and paperboard products with recycled content, state the average % recycled content without regard for species or country of harvest

False declaration or missed declaration will be prosecuted.


Automating your import processes can assist in ensuring compliance with these requirements. Learn more in our brief video, "Introduction to Automating Import Compliance."

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4. How does this impact your company's imports?

If your company imports any of the defined HTS chapters listed within the Federal Register, as summarized above, you must compile the necessary declaration requirements and be readied for reporting them along with your entry declaration. Additional wood-based products are likely to be included in future phases.

Some key business process considerations include:

How would you identify your set of products that may be subjected to the Lacey Act declaration requirement's)
How would you complete the product declaration requirements for entry declaration and audit purposes?
How would you validate and verify the product declaration requirements with your shipment transaction?
How would you then communicate the product declaration requirements to prepare entry? 

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5. How will Amber Road's Trade Content and Trade Automation solutions help Importers?


For each of the business process considerations listed above, Amber Road has the right solution to meet your Lacey Act declaration needs:

With updates to our Global Trade Content, the industry's most powerful source of trade compliance information, an Importer will be alerted and then respond to the Lacey Act declaration requirements when classifying goods for importation into the U.S.
With our Trade Import solution, an Importer can compile the details of the Lacey Act declaration by products for reusability and audit purposes.
During your shipment process, products that are on hold due to Lacey Act declaration requirements will provide the necessary alerts to manage exceptions.
A confirmed shipment could then be electronically transmitted to your brokers or filing services to prepare the entry with the Lacey Act declaration details.

Best-in-Class companies are integrating Amber Road's Trade Import solution into their enterprise procurement software in order to capture and review a complete audit trail of all import transaction activities from pre-entry to Customs to post-entry.

Download our white paper, "Automating the Import Supply Chain" for details.

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Additional Resources:


For each of the business process considerations listed above, Amber Road has the right solution to meet your Lacey Act declaration needs:

View our solution overview for more information regarding Amber Road's Global Knowledge®
View our solution overview for more information regarding Amber Road's import management solution
For comprehensive information on the Lacey Act, please check:http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml
To view the Federal Register, visit:
http://www.aphis.usda.gov/plant_health/lacey_act/downloads/2008-0119.pdf 

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