Lacey Act

What is the Lacey Act?
The Lacey Act dates back to 1900, when it was enacted to prevent trafficking in certain wildlife, fish, and plants. The Lacey Act makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant taken in violation of U.S. or foreign laws.

The 2008 “Farm Bill” amendments expanded the scope of the Lacey Act to a broad range of plant products, including wood and paper products. The amendments, which were effective May 22, 2008, require that importers submit a declaration at the time of importation for certain plant and plant products. Covered plant and plant products include paper and articles of paper, as well as wood and articles of wood.

APHIS is phasing in the declaration requirements. For products most relevant to Avery Dennison, i.e., paper products, the requirements are not yet enforced but are expected to be implemented a some point after September 2010.

Plants and Plant Products

Plants and plant products found on the “Schedule of Enforcement” must submit a Lacey Act Plant and Plant Product Declaration Form upon importation into the United States. Declarations are only required for Formal Customs Entries. Law is implemented based on Harmonized Tariff Schedule (HTS) categories.

Potentially affected Avery Dennison materials:
Ch. 48 headings (paper & articles of), which includes uncoated paper and board, composite paper and board, corrugated paper and board, carbon paper, coated paper and board, and others	Ch. 44 headings (wood & article of), which includes packing cases, boxes, crates, and other

Requirements are already enforced for other categories of materials not likely to be relevant to Avery Dennison

Various forms of wood and wood articles

There is an exemption for plants and plant products used exclusively as packing material to support, protect, or carry another item including (but not limited to) instruction manuals, labels, pallets and crating, etc.

Packaging material is not exempt if the packaging material itself is the item being imported

APHIS is currently considering how to implement requirements for paper and packaging, further notice expected

The materials available and information provided at the Avery Dennison ADvantage: Complete Compliance site are for informational purposes only and not for the purpose of providing legal advice.

Declaration

Importer is required to provide declarations for imports of covered materials. Declaration to be provided to Customs and Border Protection (CBP) at the port of entry.

Options for declaration:
Lacey Act Web Governance System (LAWGS) system filing	Customs and Border Patrol (CBP) Automated Broker Interface (ABI) system filing
Lacey Act PPQ Form 505 paper filing
Information necessary for the declaration:
Scientific name of the plant, value of the importation, quantity of the plant, name of the country from where the plant was harvested, and other information	For paper and paperboard products containing recycled content, the average percent of recycled content without regard for species or country of harvest

The materials available and information provided at the Avery Dennison ADvantage: Complete Compliance site are for informational purposes only and not for the purpose of providing legal advice.