In 1900, Congressman John Lacey sponsored legislation to curb the importation of exotic bird feathers. Lacey Act amendments up to 2008 expanded coverage to fish and animals and established individual and corporate responsibility. The 2008 Farm Bill added wood and plant products, making it unlawful to “import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, fish, or wildlife taken, possessed, transported, or sold in violation or any U.S. or state law or regulation, or in violation of any foreign law.”
The U.S. Dept. of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is implementing the 2008 amendments through a series of rulemakings, with Phases 1, 2, and 3 going into effect in 2009, Phase 4 in 2010, Phase 5 in 2015, and Phase 6 in 2021. Phase 7 should be issued soon, and this final step will be extremely important for IHA-member companies.
Per APHIS’s Phase 7 FAQs, “APHIS will publish a list of affected Harmonized Tariff Schedule (HTS) codes in the Federal Register and will require declarations for those product codes 6 months later.” This means that IHA-member companies who are impacted by Lacey Act Phase 7 declaration requirements will have a 6-month timeline from the publication date to be in compliance.
IHA-member companies subject to Phase 7 will be responsible for keeping track of every step of the supply chain process (the chain of custody provision) and submitting appropriate declarations to APHIS. Houseware products anticipated to be on Phase 7’s list include kitchen tools, tableware and serveware, cutting boards, spice mills, baskets, cork, bamboo products, essential oils and olive oil. Declarations will be required for all plant product HTS codes that are not 100 percent composite material, and a declaration of every plant product that’s imported will have to be made that certifies the product has been legally harvested and the necessary permits and taxes have been paid.
IHA is engaged in this issue and working with the International Wood Products Association (IWPA) to keep IHA-member companies fully informed. IWPA received a grant from APHIS to raise awareness about Lacey Act Phase 7 declaration requirements among affected organizations, and the first educational session towards fulfilling the grant was conducted by IWPA’s Executive Director on March 18 during the 2024 Inspired Home Show (The Lacey Act & The Home & Housewares Industry).
IHA is also planning to do a Lacey Act webinar with IWPA’s Executive Director and there are free online on-demand courses that IHA members can take advantage of as well as two in-person classes scheduled in June. In-person Lacey Act Compliance and Due Diligence courses will take place from 8 a.m. to 5 p.m. on June 4 at the Carson Events Center in Carson, CA (outside of Los Angeles) and June 6 at the Guilford Technical Community College in Jamestown, NC (outside of Greensboro).
- Following is a link for the in-person classes that allow readers to register and provides all the logistical information: https://www.iwpawood.org/page/classschedule
- IHA members may want to take advantage of IWPA’s online on-demand courses on the Lacey Act, too: https://www.iwpawood.org/page/Education
