On July 2nd, the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture announced that Phase Six of the Lacey Act enforcement program would now officially commence on October 1, 2021. Stakeholder concerns about operational and economic difficulties caused by the COVID-19 pandemic inevitably prompted APHIS to postpone implementation.
Originally, APHIS announced back in March of 2020, that with the application of Phase Six, the Lacey Act import declaration would be extended to 29 new tariff lines beginning October 1, 2020. Since then, they have made corrections and updates to their March notice, and postponed the enforcement until this year.
One update resulted in removing Harmonized Tariff Code 3301.29.5150—essential oils of ‘‘other’’ from the implementation phase, as its vagueness raised concerns that importers may inaccurately classify products, both deliberately and unintentionally. In addition, a correction was made to Harmonized Tariff Code 9209.99.8000, which was falsely categorized as “‘‘musical instruments of heading 9202, other’’ but should merely be labeled “other”.
The updated list of affected Harmonized Tariff Codes is as follows:
Ch. 33 Headings (Essential Oils)
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- 3301295109—essential oils of cedarwood
- 3301295121—essential oils of linaloe or bois de rose
- 3301295139—essential oils of sandalwood
Ch. 42 Headings (Trunks, Cases, Suitcases)
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- 4202292000—trunks, cases, and suitcases of wood
- 4202992000—other, of wood, not lined
- 4202993000—other, of wood, lined
Ch. 44 Headings (Wood and Articles of Wood)
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- 441012—oriented strand board (OSB)
- 4415—cases, boxes, crates, drums, containers, pallets, box-pallets, etc.
Ch. 92 Headings (Musical Instruments)
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- 9205902000—wind musical instruments: bagpipes
- 9205904020—clarinets
- 9205904080—other (woodwind instruments)
- 9205904060—flutes and piccolos
- 9206002000—drums
- 9207900040—musical instruments (fretted string instruments)
- 9209.92—parts and accessories for musical instruments of heading 9202
- 9209992000—parts and accessories for bagpipes
- 9209994040—parts and accessories for other woodwind instruments
- 9209998000—other
Ch. 96 Headings (Miscellaneous Manufactured Articles)
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- 9620005500—monopods, bipods, tripods and similar articles of wood
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