Lacey Act Enforcement
New phase of Lacey Act Enforcement starts April 1, 2009.
The Lacey Act Amendments of 2008 prohibit trade in plants and plant products harvested in violation of U.S. or foreign law. The amendment requires importers to declare the scientific name (genus and species) of any plant product included in any imported item, the country where the original plant was harvested, and the quantity and value of the plant content. The country required is the original country where the plant was harvested, not the usual country of origin for the finished imported goods.
This reporting requirement covers a staggering amount of products. A sample of items covered includes wood, pressed wood, furniture, wood pulp, paper and paperboard, books and printed materials, wood items, plant based resins, pharmaceuticals, textiles, tools with wooden handles, builders’ joinery and carpentry of wood.
The enforcement is occurring in 4 phases. The first phase runs from April 1, 2009 to September 2009. This phase covers items such as wood in rough, sheets of veneering, tools and tool handles, builders joinery and carpentry of wood.
The information required is covered on PPQ Form 505- Plant and Plant Product Declaration Form. After receiving the required information from the importer, we can file this information electronically as part of our customs clearance procedures. Electronically filed Form 505 is the fastest way to get your shipments released. There will be a charge for submitting this form.
If the required information is not available or submitted to Customs, it will delay the release of your goods. A sample of PPQ Form 505 is in the PDF version of this document below.
For more detailed explanation of the Lacey Act Amendments, please contact our office.
Click HERE to open the complete PDF version of this information.
Importer Security Program
Dear Clients,
On January 25th 2009 U.S. Customs & Border Protection will implement a new program called Importer Security Program (formerly known as 10 + 2). This program requires submission to Customs of required information before an ocean freight container can be laden at a foreign port. The importer is required to submit the following:
1.) Seller – name and address
2.) Buyer – name and address
3.) Importer of Record number
4.) Consignee number
5.) Manufacturer or supplier name and address
6.) Ship to party
7.) Country of Origin
8.) Commodity HTSUS number (This requires the commercial invoice)
9.) Container stuffing location .
10.) Consolidator
11.) Bill of Lading Number
This information must be supplied to Customs before lading in the foreign port or it is possible that Customs will not allow the container to be loaded.
We have purchased the software to supply the required information to Customs. We can submit the Importer Security Program (ISP) required data for our clients. However, we must receive all data elements before we can submit the data to Customs. We must receive this information before the container is laden on board the exporting carrier. There will be a charge for this service.
The importer is going to have to work closely with their suppliers to receive the required information timely.
US Customs has allowed a one year phase in period, until January 26, 2010 before they will insist that the ISF information be mandatory. At that time containers may not be laden aboard vessels that have not been cleared under this program.
There are still many questions regarding the implementation of the program. As we get advice from Honolulu Customs we will keep your appraised.
For your information we have attached the Fact Sheet regarding ISF issued by Department of Homeland Security.
Please call us with questions.
Sincerely,
Mike Bowers
Click HERE to open complete PDF version of this information.
Information On Rules and Regulations
Check back periodically for updates on information important to you, such as customs rules and regulations.
More information coming soon.