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OMB Approves Final Rule on New Lacey Act de Minimis Exemption

New regulations setting a new de minimis exemption from Lacey Act declaration requirements for importers is now set for publication, after the Office of Management and Budget approved its review of the Animal and Plant Health Inspection Service final rule.…

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As proposed by APHIS in July 2018 (see 1807060013), importers would not have to submit declarations for products with minimal amounts of plant material, with thresholds based on either weight or volume at either the product or entry line level. OMB completed its approval “consistent with change,” which means the final rule can be published, albeit with some substantive changes required by OMB.