Lacey Act Declaration Workaround for Articles with Composite, Recycled, Reused Materials

June 30, 2010
By Michelle Kelley

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If you import certain products listed under Chapter 44 of the Harmonized Tariff Schedule, “Wood and Articles of Wood”, and those products are made of composite, recycled, or reused material, you might find filing a Lacy Act Declaration rather difficult.

In fact, you might be particularly frustrated with the requirement of identifying the genus and species of this material on the declaration form.

The Animal and Plant Health Inspection Service (APHIS) has recognized this potential frustration and authorized a workaround for importers. The workaround will be in effect until further notice.

Workaround

For Phase III products composed entirely of composite, recycled, and/or reused material, importers must indicate “Special” under the genus field of the declaration form, and use the appropriate term for the species field as specified below.

*If a product is not composed entirely of composite, recycled, and/or reused material, importers must indicate the genus, species, and country of harvest for all other product components.*

Terms to use for composite, recycled, and/or reused materials:

Materials Genus Species
Medium Density Fiberboard (MDF) Special MDF
Particle Board Special Particle Board
Recycled Materials Special Reclaimed
Reused Materials Special Reclaimed
Driftwood Special Driftwood

Lacey Act requirements revised, postponed for some products (9.4.2010)

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