Updated APHIS Guidance on Lacey Declaration for Chapter 44 Articles with Composite/Recycled/Reused Materials
The Animal and Plant Health Inspection Service posted updated guidance in April 2010 on filing Lacey Act Declarations for articles containing composite, recycled, or reused (CRR) materials.
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Enforcement Delay Remains in Effect for Most Goods with CRR
In September 2009, APHIS announced it was delaying enforcement of the declaration requirement for composite and recycled or reused materials (e.g., medium density fiberboard (MDF1), particleboard2, and scrap wood) to no earlier than September 2010, due to the difficulty of identifying such materials to the genus and/or species level. According to APHIS sources, this delay is currently in effect until further notice.
However Phase III Products Such as Furniture May Contain CRR
Once APHIS began to enforce the declaration requirement for five additional Harmonized Tariff Schedule headings under Chapter 44 (wood and articles of wood) on October 1, 2009 (Phase III3), it found, unexpectedly, that some of these products (such as furniture) may be composed entirely or in part of composite, recycled, and/or reused materials.
Genus and Species "Get Around" for Phase III Products with MDF or Other Types of CRR
APHIS states that Phase III products with CRR materials represent a challenge to importers filing Lacey Act declarations. For such products composed entirely of CRR, APHIS states that importers must indicate the type of CRR material (e.g. MDF) as the "species", with the "genus" listed as "Special" under the Plant Scientific Name field of the Lacey Act declaration (PPQ 505 or electronic equivalent).
If a product is not composed entirely of CRR material, an importer must also indicate the genus, species and country of harvest for all other product components. According to APHIS sources, this CRR declaration "get around" will be in place until further notice.
Table Showing Genus as "Special" and Appropriate CRR Species Term
In its revised guidance, APHIS lists as "get-arounds" for the declaration, the genus term "Special", along with the appropriate species term, as follows:
| CRR | Genus Identifier | Species Term to Use |
| MDF | Special | MDF |
| Particle Board | Special | Particle Board |
| Recycled Materials | Special | Reclaimed |
| Reused/Reclaimed Materials | Special | Reclaimed |
| Driftwood | Special | Driftwood |
1According to Wikipedia, MDF is an engineered wood product formed by breaking down hardwood or softwood residuals into wood fibers, often in a defibrator, combining it with wax and a resin binder, and forming panels by applying high temperature and pressure. The comparison between MDF and plywood is that MDF is much stronger and denser.
2Particle board, according to Answers.com, is a structural material made of wood fragments, such as chips or shavings, which are mechanically pressed into sheet form and bonded together with resin.
3Phase III of APHIS' enforcement of the Lacey Act declaration consists of headings 4402, 4412 (except 4412.99.06 and 4412.99.57), 4414, 4419, and 4420.