CBP Issues Guidance on Lacey Act Declaration for Participantsin ALR = and BRASS

TRADE ALERT=

CBP Issues Guidance on Lacey Act Declaration for Participants in

ALR and BRASS Expedited Release Programs

(May 11, 2009)

US Customs and Border Protection (CBP) recently updated its guidance on the La= cey Act Declaration. Importers th= at utilize CBP’s expedited border release programs, Automated Line Release (ALR) or Border Release Advance Screening and Selectivity (BRASS) will be given an additional thirty day delay of enforce= ment to implement the new Pilot Program.

Pilot Program

On May 1, 2009, CBP began a pilot program for companies currently participatin= g in ALR or BRASS whose products fall in the second enforcement phase of the Lac= ey Act. Participants must decide= to remain active in the expedited program or be removed from the expedited programs. If companies choose= to leave ALR or BRASS, no other action is required and the participant’s= C4 code will be deactivated on June 1, 2009.&= nbsp; If a company chooses to remain in the expedited release program, then the following steps must be completed.

Step One

The participant must file with APHIS an advance estimate PPQ 505 form. For the purposes of the pilot prog= ram, the estimated PPQ 505 must be filed on a monthly basis initially. Genus, species, value, and quantity fields should be an estimate of the planned imports during the next calendar month. The first estimate mus= t be submitted by May 15, 2009, covering the expedited release shipments planned= for the month of June 2009. =

Step Two

The participant must file a reconciliation with APHI= S within fifteen days after the month end. The reconciliation will provide information on the actual shipments = made during the previous month. The deadline for the first reconciliation is July 15, 2009. APHIS will be providing a format f= or the reconciliation on their website.

This process must be completed each month during the pilot program. US government will rely on the dat= a in its reports to Congress and in determining possible refinements to make it = as easy as possible to comply for all parties involved.

The Animal and Plant Health Inspection Service (APHIS) began enforcement of the= declaration submission for entries of certain Chapter 44 headings of the US Harmonized Tariff System on May 1, 2009. Items include:

·         4401 - fue= l wood

·         4403 - woo= d in the rough

·         4404 - hoopwood; poles, piles, stakes

·         4406 - rai= lway or tramway sleepers

·         4407 - woo= d sawn or chipped lengthwise

·         4408 - she= ets for veneering

·         4409 - wood continuously shaped

·         4417 - too= ls, tool handles, broom handles

·         4418 - bui= lders’ joinery and carpentry of wood

CBP a= lso announced that they urge importers to use the electronic system to file the Lacey Act declaration. If a p= aper form is submitted to CBP as part of the entry package, the paper form will = be returned to the importer (or importer’s representative) to be mailed = to USDA. CBP will not forward fo= rms to USDA.

=

The declaration form (PPQ Form 505) can be found at www.a= phis.usda.gov/plant_health/lacey_act/index.shtml.

For a more in depth understanding of the Lacey Act, learn how to receive a reco= rded version of Deringer’s webinar called Drilling Through the Lacey Act .

Please contact your Deringer representative for further assistance.

A.N. Deringer, Inc. is a leading provider of international logistics services including Freight Forwarding, Warehousing & Distribution, Customs Brokerage, Logistics Consulting, Cargo Insurance, and Meat Inspection. Deri= nger combines over 30 US<= /st1:country-region> offices with a global agency network to facilitate the movement of cargo throughout the world