On: October 23, 2023 | By: Kari Crane | 8 min. read
It’s essential to stay on top of changing regulations to ensure you’re meeting your compliance obligations. One such regulation that companies should be well-acquainted with is the Lacey Act , which is undergoing changes that will expand its scope to include a wider range of products. Enacted to combat illegal logging and the trade of illegally sourced plants and plant products, the Lacey Act has significant implications for those involved in the import of certain commodities, including some products containing paper, wood or plant-based materials, affecting a multitude of industries.
If your product’s Harmonized Tariff Schedule (HTS) code is included under the Lacey Act, you need to properly file a declaration with the Animal and Plant Health Inspection Service (APHIS) and U.S. Customs and Border Protection (CBP) demonstrating that your product complies with Lacey Act regulations. Phase VII changes being rolled out December 1, 2024, mean declarations will be required for all remaining plant product HTS codes that are not 100% composite materials. You can view the products included in Phase VII in this Federal Register notice: Public Inspection: Implementation of Revised Lacey Act Provisions.
In this article, we will explain the key aspects of the Lacey Act, including its purpose, enforcement and how to meet your compliance requirements.
The Lacey Act, originally passed in 1900 and subsequently amended over the years, is a U.S. federal law designed to protect wildlife and plants by regulating trade in both native and foreign species. While the act initially aimed to address issues related to the illegal trade of wildlife, it was expanded in 2008 to include plants and plant products. The primary objective of the Lacey Act is to combat the trade in illegally harvested or sourced plant materials, thereby helping conserve global forests and ecosystems.
The Lacey Act requires importers to provide documentation and declarations that prove the legality of the plants and plant products they are importing. Importers must submit a Lacey Act declaration for covered commodities, detailing information about the product's source, species and compliance with applicable laws. This declaration is a critical component of demonstrating compliance with the act.
The enforcement of the Lacey Act falls under several U.S. government agencies, including the U.S. Fish and Wildlife Service (USFWS), the Animal and Plant Health Inspection Service (APHIS) and the U.S. Customs and Border Protection (CBP). These agencies work together to investigate and enforce the provisions of the act, ensuring that imported plants and plant products comply with its requirements.
The Lacey Act applies to a wide range of plant and plant-related products, including but not limited to:
The act also covers any products containing these materials, making it a comprehensive regulation affecting many industries. You can see which Harmonized Tariff Schedule chapters and headings currently require a Lacey Act declaration here .
Products derived from fish and wildlife are also included in the Lacey Act (feathers or pearls used in jewelry, for example), requiring importers and exporters to follow all U.S. and foreign laws related to wildlife. However, a declaration is not required for these products. Learn more about wildlife regulations here .
Certain products are exempt from the Lacey Act's requirements. Exemptions include:
APHIS is getting ready to roll out Phase VII of the Lacey Act: “In this phase, Lacey Act declarations will be required for all remaining plant product Harmonized Tariff Schedule (HTS) codes that are not 100% composite materials.”
Furniture, additional essential oils and cork that have never needed Lacey Act declarations will now need them. APHIS published a list of the affected HTS codes in the Federal Register. If you import items that contain plant products, you will likely need to file a Lacey Act declaration once Phase VII is implemented in December.
To prepare for the new phase, APHIS recommends you ensure you know your supply chain for each piece of plant material in your final product, some of which may include many different plant species. For example, furniture may include inlays of many species, so you need to request that suppliers provide the scientific name and harvest location for each plant product used.
During Phase VIII, the Federal Register will include a definitive explanation of what constitutes composite materials. Currently, the law lacks a specific definition for this term.
APHIS says to use the following flowchart to determine if you need a declaration:
The Importer of Record (IOR) or their agent (e.g. a customs broker) can file a declaration electronically (the preferred method) or by mailing a paper form.
The declaration will include the following information:
The primary method for filing Lacey Act declarations electronically is through the Automated Commercial Environment (ACE). (Shipping Solutions makes filing electronic export information as easy as clicking a button.) Alternatively, you can file declarations through the Lacey Act Web Governance System (LAWGS) .
You can file a paper declaration using PPQ Form 505 .
Noncompliance with the Lacey Act can have severe consequences for importers. Penalties for violations can include fines, confiscation of goods and even imprisonment. Additionally, non-compliant companies may face reputational damage and be excluded from participating in future trade. Understand what components make up your product to ensure compliance.
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About the Author: Kari Crane
Kari Crane is the editor of Passages: The International Trade Blog. Kari joined Shipping Solutions after working as an editor, writer and designer at a major market newspaper in Texas. Kari has spent her career finding different ways to tell stories and make complex topics easy-to-understand, so she loves helping importers and exporters understand how to navigate the complex world of international trade.
