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The Lacey Act declaration will soon be required for a new list of tariffs, including new unloaded pallets or containers, certain musical instruments, essential oils and trunks/suitcases. This Phase VI of the Lacey Act declaration enforcement was originally slated to begin in October of 2020, but was delayed due to concerns raised by the trade about pallets and containers. Phase VI is now set to begin July 1, 2021, and will apply to the products listed below. 

It’s important to note that, for wood pallets and containers, the Lacey Act will not apply to pallets/containers under load (whether new or used), which can be disclaimed as packaging material. Also, used/repaired/recycled pallets/containers not under load can be disclaimed. Further guidance on use of these disclaimers is expected. APHIS says the flags for Phase VI products will soon be added by CBP and a Federal Register notice will soon be published. With only a month left, it is still possible that APHIS will announce another brief delay. However, brokers should immediately begin preparing their importers to provide the Lacey Act declaration data for these added products: 

Ch. 33 Headings (Essential Oils)

  • 3301.29.5109-essential oils of cedarwood
  • 3301.29.5121-essential oils of linaloe or bois de rose
  • 3301.29.5139-essential oils of sandalwood
  • 3301.29.5150-essential oils of “other”

 Ch. 42 Headings (Trunks, Cases, Suitcases) 

  • 4202.29.2000-trunks, cases, and suitcases of wood
  • 4202.99.2000-other, of wood, not lined
  • 4202.99.3000-other, of wood, lined

 Ch. 44 Headings (Wood and Articles of Wood)

  • 4410.12-oriented strand board (OSB)
  • 4415-cases, boxes, crates, drums, containers, pallets, box-pallets, etc.

 Ch. 92 Headings (Musical Instruments)

  • 9205.90.2000-wind musical instruments: bagpipes
  • 9205.90.4020-clarinets
  • 9205.90.4080-other (woodwind instruments)
  • 9205.90.4060-flutes and piccolos
  • 9206.00.2000-drums
  • 9207.90.0040-musical instruments (fretted string instruments)
  • 9209.92-parts and accessories for musical instruments of heading 9202
  • 9209.99.2000-parts and accessories for bagpipes
  • 9209.99.4040-parts and accessories for other woodwind instruments
  • 9209.99.8000-other, other

 Ch. 96 Headings (Miscellaneous Manufactured Articles) 

  • 9620.00.5500-monopods, bipods, tripods, and similar articles of wood

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