Update on Using New PGA Records for Submitting Lacey Act Data for Imported Plants/Products

(CBP decided not to modify a legacy Fish and Wildlife Service (FWS) data structure for submission of the Lacey Act Amendments data as originally planned. Instead, CBP built the CATAIR PGA data set (the PG data set) to implement the Lacey Act Amendments data collection requirements on the target date of April 1, 2009 (and to later be used for all PGA data collection requirements).

Sources note that filers should only program for the Lacey Act Amendments portion (eight unique records and two repeatable records, covering about 19 data elements) of the PG data set, and that most of the balance of the record set is labeled DRAFT.)

Electronic Declaration Available for All Lacey Act Amendments Tariff Numbers as of April 1st Target Date

CBP sources clarified that the Lacey Act Amendments data collection requirements will be completely automated across the tariff schedule once the data is able to be collected electronically. CBP intends to automate and make the process available on April 1, 2009 in the Automated Commercial System (ACS). (The Automated Commercial Environment (ACE) will automate this process at a later date.)

Filers Only Required to Make Declaration According to APHIS Phase-In Schedule

This means that filers will be able to submit the Lacey Act Amendments data for products classified in all affected chapters. However, filers will only be required to submit the Lacey Act Amendments data according to APHIS' phase-in schedule.

(This clarifies prior information that the Lacey Act Amendments requirements would be automated according to the Animal and Plant Health Inspection Service's phase-in schedule. ITT's Online Archives, dated 02/19/09, 09021905, will be updated to reflect this new information.)

"Use" Must be Included as Part of the Merchandise Description

According to CBP sources and APHIS' Lacey Act Amendments Declaration form (PPQ Form 505, "Plant and Plant Product Declaration"), the description of merchandise must include the use of the merchandise, as well as the name of the plant or plant product (example: floral arrangement for decorative purposes).

The "Intended Use Code" data element in the PGA CATAIR Chapter is for this declared use, and requires the Appendix R codes to be used. If there is no appropriate Appendix R code, CBP sources state that one would choose the "Intended Use Description" data element and enter a free text description of the merchandise's use.

Lacey Act Amendments Require Container Number to be Submitted for1st Time

According to CBP sources, the Lacey Act Amendments' declaration requirement that the container number(s) be submitted will be the first time this information is submitted to CBP in this manner.

The container number is described on the PPQ Form 505 as the number of the shipping container in which the product is being shipped that is availablefrom the shipping company. PPQ Form 505 states that no number need be submitted if there is no container number. In the PGA CATAIR Chapter, the container number is described as the number of the shipping container or equipment identification number.

Few Edits/Outbound Messages Until ACS More Fully Programmed

CBP sources state that until its automation programming for the Lacey Act Amendments declaration is more fully implemented, CBP will not be editing any of the data, but simply collecting what is submitted to pass on to APHIS.

However, once CBP and APHIS determine, as a matter of policy, how to fully program for the declaration, updates could include entry rejection if the Lacey Act Amendments declaration data is not submitted, a yes/no/maybe tariff number match, etc. Sources add that the target dates for future enhancements have not yet been set.

Until future updates are implemented, CBP sources do not expect filers to be able to submit corrections, and outbound information from CBP is expected to only consist of "out of sequence" messages and generic messages (of the type already issued) for flagrant errors.

Blanket Declarations May be Available in Future

CBP sources opine that blanket declarations will be a viable option in the future, noting that APHIS is currently not prepared to handle them.

(The Lacey Act combats trafficking in "illegal" wildlife, fish, and plants. The 2008 Farm Bill amended the Lacey Act by expanding its protection to a broader range of plants and plant products. The Lacey Act, as amended, makes it unlawful to import certain plants and plant products taken or traded in violation of a U.S. State law or most foreign laws; prohibits the submission of false information for any plant (even if voluntarily submitted); and requires a declaration at time of importation for plants and plant products that fall under the scope of the declaration requirement.)

¹CBP sources state that the PGA CATAIR Chapter contains 30 records, ten of which are repeatable, and 20 of which are unique.

(See ITT's Online Archives or 02/19/09, 09021905, for initial BP summary of PGA CATAIR Chapter.

See ITT's Online Archives or 02/03/09 news, 09020305, for BP summary of APHIS's revised enforcement plan for the Lacey Act Amendments declaration.)

CBP ACE Update on PGA Chapter and Lacey Amendments Act (dated 03/04/09) available at http://www.cbp.gov/linkhandler/cgov/trade/automated/modernization/trade_support_network/ccr_lacey.ctt/ccr_lacey.pdf

Plant and Plant Product Declaration Form (PPQ Form 505 dated 12/08), which can be completed online and then printed), available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf

Lacey Amendments Web page available at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml