[Federal Register Volume 74, Number 21 (Tuesday, February 3, 2009)]
[Notices]
[Pages 5911-5913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2232]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 /
Notices
[[Page 5911]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2008-0119]
Implementation of Revised Lacey Act Provisions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: The Food, Conservation, and Energy Act of 2008 amended the
Lacey Act to provide, among other things, that importers submit a
declaration at the time of importation for certain plants and plant
products. The declaration requirements of the Lacey Act became
effective on December 15, 2008; however, enforcement of the declaration
requirement will be phased in and will begin on April 1, 2009 (unless
the implementation date must be delayed slightly for technical reasons
as described below). The purpose of this notice is to inform the public
of the Federal Government's revised plan to phase in enforcement of the
declaration requirement and other implementation plans.
DATES: We will consider all comments that we receive on or before April
6, 2009.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0119 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0119, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2008-0119.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Assistant Branch
Chief, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.
SUPPLEMENTARY INFORMATION:
Background
The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and
significantly amended in 1981, is the United States' oldest wildlife
protection statute. The Act combats trafficking in ``illegal''
wildlife, fish, or plants. The Food, Conservation, and Energy Act of
2008, effective May 22, 2008, amended the Lacey Act by expanding its
protection to a broader range of plants and plant products (Section
8204, Prevention of Illegal Logging Practices). As amended, the Lacey
Act now makes it unlawful to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce any plant, with
some limited exceptions, taken in violation of the laws of a U.S. State
or any foreign law that protects plants. The Lacey Act also now makes
it unlawful to make or submit any false record, account, or label for,
or any false identification of, any plant. In addition, Section 3 of
the Lacey Act, as amended (16 U.S.C. 3372), makes it unlawful to import
certain plants and plant products without an import declaration. The
declaration must contain, among other things, the scientific name of
the plant, value of the importation, quantity of the plant, and name of
the country from where the plant was harvested. For paper and
paperboard products containing recycled content, the declaration also
must include the average percent of recycled content without regard for
species or country of harvest.
Comment Analysis
On October 8, 2008, we published a notice in the Federal Register
(73 FR 58925-58927, Docket No. APHIS-2008-0119) announcing our plans to
begin phased-in enforcement of the declaration requirement on April 1,
2009, and provided dates and products covered for the first three
phases of enforcement. We solicited comment on the proposed phase-in
plan for 60 days ending on December 8, 2008, and received 124 comments
by that date. The comments covered a range of topics, including the
scope of the declaration requirement, the specific products covered in
each phase, definitions of terms, length of phases, effects on trade/
industry, and enforcement issues. While we will not provide specific
responses to comments in this notice, we have revised the phase-in
schedule based on the comments we received. Comments related to other
aspects of our implementation plan for the declaration requirement are
still being analyzed and those comments will be taken into account as
we continue to implement the provisions related to the declaration
requirement of the Lacey Act.
Revised Phase-in Schedule
After review of the comments received and further internal
consideration, we have revised the phase-in schedule, which covers the
period from December 15, 2008, to September 30, 2010. We have extended
the length of each phase from 3 months to 6 months and provided an
affirmative list of products that fall within each phase of enforcement
of the declaration requirement. We revised the schedule by phasing in
products largely based on their degree of processing and complexity of
their composition. For example, phase II contains products that are
minimally processed and/or of less complicated composition (e.g., wood
in the rough, sheets for veneering). Phase III contains products that
are more processed and of more complex composition (e.g., wood pulp and
particle board). Finally, phase IV includes more highly processed
products composed of materials from phases II and III (e.g., paper and
[[Page 5912]]
furniture). We continue to consider the applicability of the
declaration requirement to products not included in the current phase-
in schedule and we invite public comment on how the declaration
requirement should be enforced as to these products.
The proposed phased enforcement schedule through September 30,
2010, is described in the table below. It is important to note that
while enforcement of the declaration requirement will be phased in and
will begin no earlier than April 1, 2009, the other Lacey Act
amendments are already effective, and actions to enforce provisions of
the Act other than the declaration requirement may be taken at any
time. We invite public comment particularly on the products covered
under phases III and IV of the revised plan, as well as on whether any
additional Harmonized Tariff Schedule (HTS) chapters should be included
in the current phase-in schedule.
Phase-In Schedule of Enforcement of the Declaration Requirement for Goods of, or Containing, Plants or Plant
Products *
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II April 1, 2009- III October 1, 2009- IV April 1, 2010-
I Present-March 2009 September 30, 2009 March 31, 2010 September 30, 2010
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PPQ Plant Import Declaration Form HTS Chapters: HTS Chapters: HTS Chapters:
will be available on Web site,
and accepted after December 15,
2008.
Domestic and International Ch. 44 Headings (wood & Ch. 44 Headings (wood & Ch. 44 Headings (wood &
Outreach. articles of wood). articles of wood). articles of wood).
4421--(Articles of wood,
nesoi).
4401--(Fuel wood)..... 4402--(Wood charcoal) Ch. 48 Headings (paper &
articles of).
4403--(Wood in the 4405--(Wood wool 4801--(Newsprint).
rough). [excelsior]).
4404--(Hoopwood; 4410--(Particle 4802--(Uncoated
poles, piles, stakes). board). writing paper).
4406--(Railway or 4411--(Fiberboard of 4803--(Toilet or
tramway sleepers). wood). facial tissue
stock).
4407--(Wood sawn or 4412--(Plywood, 4804--(Uncoated kraft
chipped lengthwise). veneered panels). paper).
4408--(Sheets for 4413--(Densified 4805--(Other uncoated
veneering). wood). paper and board).
4409--(Wood 4414--(Wooden frames) 4806--(Vegetable
continuously shaped). parchment, etc.).
4417--(Tools, tool 4415--(Packing cases, 4807--(Composite
handles, broom boxes, crates, paper and board).
handles). drums).
4418--(Builders' 4416--(Casks, 4808--(Corrugated
joinery and carpentry barrels, vats, tubs). paper and board).
of wood).
4419--(Tableware & 4809--(Carbon paper).
kitchenware, of
wood).
4420--(Wood 4810--(Coated paper
marquetry; caskets; and board).
statuettes).
Ch. 47 Headings (wood 4811--(paper coated,
pulp). etc., other than
4803, 4809, or
4810).
4701--(Mechanical Ch. 94 Headings
wood pulp). (furniture, etc.).
4702--(Chemical wood 940169 (seats with
pulp, dissolving). wooden frames).
4703--(Chemical wood 940330 (wooden office
pulp, sulfate). furniture).
4704--(Chemical wood 940340 (wooden
pulp, sulfite). kitchen furniture).
4705--(Combination 940350 (wooden
mechanical and bedroom furniture).
chemical).
940360 (other wooden
furniture).
94039070 (wooden
furniture parts).
PLUS PHASE II........... PLUS PHASES II & III.
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* Declaration requirements are effective as of December 15, 2008. All declarations submitted must be accurate;
false statements may be referred for enforcement. Failure to submit a declaration will not be prosecuted, and
customs clearance will not be denied for lack of a declaration until after the phase-in date above.
With respect to the declaration requirement, the Federal
enforcement agencies do not intend to refer for enforcement entries of
products in HTS chapters not listed in the above phase-in schedule,
during the respective timeframes, unless APHIS publishes another notice
in the Federal Register announcing an amended implementation plan. Any
such changes/additions would apply only to phases III or IV. There will
be no further
[[Page 5913]]
changes to phase II. Should there be additions to phases III or IV, we
intend to provide at least 6 months' notice to persons and industries
affected by those changes to facilitate compliance with the new
requirements. Changes will be announced in the Federal Register.
The Federal Government will conduct studies in order to inform
implementation of the amended Lacey Act, including with respect to
products under HTS headings not listed in the current phase-in
schedule. In addition, consistent with the requirements of the statute,
we will review our experience with implementation and make decisions,
including promulgating regulations, to guide any further phase in of
the declaration requirement.
Applicability of the Declaration Requirement
At present, we will be enforcing the declaration requirement only
as to formal consumption entries (i.e., most commercial shipments).
Also at this time, we do not intend to enforce the declaration
requirement for informal entries (i.e., most personal shipments),
personal importations, or mail (unless subject to formal entry),
transportation and exportation entries, in-transit movements, carnet
importations (i.e., merchandise or equipment that will be re-exported
within a year), and foreign trade zone and warehouse entries; however,
we welcome public comment on enforcement of the declaration requirement
with regard to those types of entries. Further, we will only enforce a
declaration for the product being imported and not for sundries that
ordinarily accompany the product (e.g., tags, labels, manuals, and
warranty cards).
Declaration Form
A printable declaration form is currently available for voluntary
submission on the Internet at http://www.aphis.usda.gov/plant_health/
lacey_act/index.shtml or from the person listed under FOR FURTHER
INFORMATION CONTACT. You may submit completed declaration forms by mail
to: The Lacey Act, c/o U.S. Dept of Agriculture, Box 10, 4700 River
Road, Riverdale, MD 20737.
As indicated previously, we intend to collect the data required by
the amended Lacey Act electronically and anticipate the majority of
importers will not need to submit a paper declaration form. No agencies
with Lacey Act enforcement authority will bring prosecutions or
forfeiture actions for failing to complete the paper declaration form
before April 1, 2009; however, if any person submits a form and it
contains false information, they may be prosecuted. We also invite
public comment on the paper declaration form. Comments related to the
content of the declaration form should be submitted by one of the
methods provided under the heading ADDRESSES at the beginning of this
notice and not to the Lacey Act mailbox. In accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), APHIS
requested and received the Office of Management and Budget's emergency
approval to collect information that the Lacey Act requires importers
to include in the declaration and that is not already being collected
for other purposes. The emergency approval is valid for 6 months and
allowed us to collect the information and make the paper form available
for immediate use. On January 5, 2009, we published an information
collection notice in the Federal Register (74 FR 259-260, Docket No.
APHIS-2008-0136) soliciting comments from the public (as well as
affected agencies) on these information collection requirements and
requesting an extension of the 6-month emergency approval.
Availability of Electronic System
The Department of Homeland Security's Bureau of Customs and Border
Protection (CBP) already collects some of the information that the
Lacey Act amendments require importers to include in their
declarations. CBP is currently modifying its Automated Commercial
System (ACS) to collect the remaining data required to be declared. As
noted in our October 2008 Federal Register notice, we intend to begin
enforcement of the declaration requirements upon completion of those
modifications. At this time, CBP still anticipates completing the
changes to the system by April 1, 2009, and phase II remains scheduled
to begin on April 1, 2009. If there are any changes to that date, we
will notify the public through a Federal Register notice.
Additional Information
APHIS will continue to provide the latest information regarding the
Lacey Act on our Web site, http://www.aphis.usda.gov. The Web site
currently contains the Lacey Act, as amended; a slideshow covering
background and context, new requirements, commodities and products
covered, information on prohibitions, and the current status of
implementation of the declaration requirement of the Lacey Act;
frequently asked questions; the phase-in implementation plan; and the
paper declaration form. The Web site will be updated as new materials
become available. We encourage persons interested in receiving timely
updates on APHIS's Lacey Act efforts to register for our stakeholder
registry at https://web01.aphis.usda.gov/PPQStakeWeb2.nsf and select
``Lacey Act Declaration'' as a topic of interest.
Done in Washington, DC, this 29th day of January 2009.
William H. Clay,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-2232 Filed 1-29-09; 4:15 pm]
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