[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Notices]
[Pages 47122-47126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11901]
[[Page 47122]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2008-0119]
Implementation of Revised Lacey Act Provisions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: The Food, Conservation, and Energy Act of 2008 amended the
Lacey Act to provide, in part, that importers submit a declaration at
the time of importation for certain plants and plant products.
Enforcement of the declaration requirement began on April 1, 2009, and
products requiring a declaration are being phased-in. The purpose of
this notice is to inform the public of another phase of the Federal
Government's enforcement schedule.
DATES: We will consider all comments that we receive on or before July
30, 2024.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Enter APHIS-2008-0119 in the Search field. Select
the Documents tab, then select the Comment button in the list of
documents.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2008-0119, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at regulations.gov or in our reading room, which is located
in Room 1620 of the USDA South Building, 14th Street and Independence
Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except holidays. To be sure someone is
there to help you, please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Erin Otto, National Policy
Manager, Lacey Act Program, Compliance and Environmental Coordination
Branch, PPQ, APHIS, 4700 River Road Unit 150, Riverdale, MD 20737;
(301) 851-3881; [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and
significantly amended in 1981, is the United States' oldest wildlife
protection statute. The Act combats trafficking in illegally taken
wildlife, fish, or plants. The Food, Conservation and Energy Act of
2008, effective May 22, 2008, amended the Lacey Act by expanding its
protection to a broader range of plants and plant products (section
8204, Prevention of Illegal Logging Practices). The Lacey Act now makes
it unlawful to import, export, transport, sell, receive, acquire, or
purchase in interstate or foreign commerce any plant, with some limited
exceptions, taken, possessed, transported, or sold in violation of any
law of the United States or an Indian tribe, or in violation of any
State or foreign law that protects plants or that regulates certain
specified plant-related activities. The Lacey Act also now makes it
unlawful to make or submit any false record, account, or label for, or
any false identification of, any plant.
In addition, section 3 of the Lacey Act, as amended, makes it
unlawful, beginning December 15, 2008, to import certain plants,
including plant products, without an import declaration. The
declaration must contain the scientific name of the plant, value of the
importation, quantity of the plant, and name of the country from which
the plant was harvested. For paper and paperboard products containing
recycled content, the declaration also must include the average percent
of recycled content without regard for species or country of harvest.
The plant import declaration requirement does not apply to plants used
exclusively as packaging material to support, protect, or carry another
item, unless the packaging material itself is the item being imported.
Currently, enforcement of the declaration requirement is being phased
in, as described in four notices we published in the Federal
Register,\1\ the first on February 3, 2009 (74 FR 5911-5913, Docket No.
APHIS-2008-0119), the second on September 2, 2009 (74 FR 45415-45418,
Docket No. APHIS-2008-0119), the third on February 6, 2015 (80 FR 6681-
6683, Docket No. APHIS-2008-0119), and the fourth on July 2, 2021 (86
FR 35259-35261, Docket No. APHIS-2008-0119).
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\1\ To view these notices and the comments we received, go to
http://www.regulations.gov and enter APHIS-2008-0119 in the Search
field.
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In our February 2009 notice, we committed to providing affected
individuals and industry with at least 6 months' notice for any
products that would be added to the phase-in schedule. The phased-in
enforcement schedule began April 1, 2009. The most recent phase (VI)
began on October 1, 2021. The enforcement schedule is available on the
Animal and Plant Health Inspection Service (APHIS) website at https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/lacey-act. We continue to consider the applicability of the declaration
requirement to products not included in the current phase-in schedule
and we invite public comment on how the declaration requirement should
be enforced as to these products.
Phase VII of the enforcement schedule, which would begin on
December 1, 2024, is described below. We invite public comment on the
products covered under this phase of the plan, as well as on whether
any additional Harmonized Tariff Schedule (HTS) chapters should be
included in the current phase-in schedule. Should there be additions to
phase VII, we intend to provide at least 6 months' notice to persons
and industries affected by those changes to facilitate compliance with
the new requirements. Changes will be announced in the Federal
Register. For the full description of the HTS chapters, please refer to
the Harmonized Tariff Schedule at usitc.gov.
Ch. 12 Headings (Industrial or Medicinal Plants)
1211201090-wild ginseng roots
1211500000-ephedra
1211600000-bark of African cherry (Prunus africana)
Ch. 13 Headings (Lac, Gums, Resins, and Other Vegetable Saps and
Extracts)
1302140100-vegetable saps and extracts of ephedra
Ch. 14 Headings (Vegetable Plaiting Materials)
1401-vegetable materials of a kind used for plaiting
1404903000-istle of a kind used primarily in brooms or in
brushes, whether or not in hanks or bundles
1404904000-other vegetable materials used primarily in brooms
or in brushes, whether or not in hanks or bundles
1404909020-raw canaigre, chestnut, curupay, divi-divi,
eucalyptus, gall nuts, hemlock, larch, mangrove, myrobalan, oak,
quebracho, sumac, tara, urunday, valonia, wattle materials of a kind
used primarily in tanning
1404909040-other raw vegetable materials of a kind used
primarily in dyeing or tanning
Ch. 33 Headings (Essential Oils)
3301295141-essential oils of sassafras including Ocotea
cymbarum
3301295142-essential oils of vetiver
[[Page 47123]]
3301295150-other essential oils
3303001000-floral or flowers waters
3307410000-``agarbatti'' and other odoriferous
preparations which operate by burning
3307490000-other preparations for perfuming or deodorizing
rooms, including odoriferous preparations used during religious rites
Ch. 36 Headings (Pyrotechnic Products)
3605000030-matches with natural wood stems
Ch. 38 Headings (Miscellaneous Chemical Products)
3805901000-pine oil
Ch. 42 Headings (Articles of Leather, Travel Goods, and Handbags)
4202392000-wood articles of a kind normally carried in the
pocket or in the handbag
4202925000-musical instrument cases
4202929315-jewelry boxes, and similar containers of a kind
normally sold at retail with their contents
Ch. 44 Headings (Wood and Articles of Wood)
4412 \2\-plywood, veneered panels and similar laminated
wood
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\2\ Currently, most of HTS chapter 4412 has already been
implemented, with two specified exemptions (44129906 and 441229957).
APHIS established the exemptions in 2009 as a temporary exception
for plywood that contained composite material. Since then, APHIS has
established a special use designation for such material and is
therefore eliminating the exemptions, and the entire chapter will be
covered.
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4413-densified wood, in blocks, plates, strips or profile
shapes
Ch. 45 Headings (Cork and Articles of Cork)
4501-natural cork, raw or simply prepared; waste cork;
crushed, granulated, or ground cork
4503-articles of natural cork
Ch. 46 Headings (Basketware and Wickerwork)
460121-bamboo mats, matting, and screens
460122-rattan mats, matting, and screens
460129-mats, matting, and screens of other vegetable materials
460192-bamboo plaits and similar products of plaiting
materials, whether or not assembled into strips; plaiting materials,
plaits and similar products of plaiting materials, bound together in
parallel strands or woven, in sheet form, whether or not being finished
articles
460193-rattan plaits and similar products of plaiting
materials, whether or not assembled into strips; plaiting materials,
plaits and similar products of plaiting materials, bound together in
parallel strands or woven, in sheet form, whether or not being finished
articles
460194-plaits and similar products of plaiting materials,
whether or not assembled into strips; plaiting materials, plaits and
similar products of plaiting materials, bound together in parallel
strands or woven, in sheet form, whether or not being finished articles
of other vegetable materials
460211-bamboo basketwork, wickerwork and other articles
460212-rattan basketwork, wickerwork and other articles
4602190500-fishing baskets or creels of other vegetable
materials
4602191200-willow baskets and bags, whether or not lined
4602193500-other willow or wood wickerwork
4602194500-other goods made from willow or wood plaits
4602196000-wickerwork of other vegetable materials
4602198000-other goods made from vegetable material plaits
Ch. 56 Headings (Nonwovens, Twine, Ropes, and Cables and Articles
Thereof)
5608901000-fish netting and fishing nets of materials other
than manmade materials
Ch. 64 Headings (Footwear)
64029923-footwear with a base or platform of wood with outer
soles and uppers or rubber or plastics; and uppers of which over 90
percent of the external surface is rubber or plastics
64029925-footwear with a base or platform of cork with outer
soles and uppers of rubber or plastics; and uppers of which over 90
percent of the external surface is rubber or plastics
64035111-footwear covering the ankle, with outer soles of
leather, made on a base or platform of wood, not having an inner sole
or a protective metal toe-cap
64035910-other footwear, with outer soles of leather made on a
base or platform of wood, not having an inner sole or a protective
metal toe-cap
64039111-other footwear covering the ankle made on a base or
platform of wood, not having an inner sole or a protective metal toe-
cap
64039910-other shoes made on a base or platform of wood, not
having an inner sole or a protective metal toe-cap
64039920-other footwear made on a base or platform of wood
Ch. 66 Headings (Umbrellas)
6601-umbrellas and sun umbrellas
660320-umbrella frames, including frames mounted on shafts
66039041-umbrella handles, knobs, tips, and caps
Ch. 82 Headings (Tools and Cutlery)
820210-handsaws and parts thereof
820310-files, rasps, and similar tools
82032020-tweezers
8203206030-pliers
820520-hammers and sledgehammers, and parts thereof
820530-planes, chisels, gouges, and similar cutting tools for
working wood, and parts thereof
820540-screwdrivers, and parts thereof
82055115-carving and butchers steels, with or without handles
8205513030-kitchen and table implements
8206-tools of two or more headings 8202 to 8205, put up in
sets for retail sale
821110-sets of assorted knives
8211918030-steak knives
82119290-other knives with fixed blades
82119300-knives having other than fixed blades
821410-paper knives, letter openers, erasing knives,
nonmechanical pencil sharpeners, and blades and parts thereof
821420-manicure or pedicure sets and instruments (including
nail files), and parts thereof
82149030-cleavers with their handles
82159940-spoons and ladles with base metal (except stainless
steel) or non-metal handles
Ch. 84 Headings (Machinery, Boilers, and Nuclear Reactors)
841891-furniture designed to receive refrigerating or freezing
equipment
84189940-refrigerating or freezing equipment door assemblies
incorporating more than one of the following: inner panel; outer panel;
insulation; hinges; handles
8436800070-bee-keeping machinery
8436990030-parts of bee-keeping machinery
843840-brewery machinery
844520-textile spinning machines
8446100010-power looms for weaving fabrics of a width not
exceeding 30 cm
8447119090-other circular knitting machines with circular
diameter not exceeding 165 mm
8447129090-other circular knitting machines with circular
diameter exceeding 165 mm
844811-dobbies and jacquards; card reducing, copying, punching
or assembling machines for use with machines of heading 8444, 8445,
8446 or 8447
[[Page 47124]]
844833-spindles, spindle flyers, spinning rings, and ring
travellers
8448420000-reeds for loom, healds, and heald-frames for
weaving machines or of their auxiliary machinery
84509040-furniture designed to receive the machines of
subheadings 8450.11 through 8450.20, inclusive
8451210090-other drying machines
8451906000-furniture designed to receive the drying machines
of subheading 8451.21 or 8451.29
84529010-furniture, bases and covers for sewing machines, and
parts thereof
8481805060-bath, shower, sink, and lavatory faucets
84819050-parts of hand operated and check appliances
Ch. 85 Headings (Electrical Machinery and Equipment)
851821-single loudspeakers, mounted in their enclosures
851822-multiple loudspeakers, mounted in the same enclosure
8538100000-boards, panels, consoles, desks, cabinets, and
other bases for goods of heading 8537, not equipped with their
apparatus
8543709810-amplifiers
8543709820-special effects pedals for use with musical
instruments
Ch. 87 Headings (Vehicles)
87089450-steering wheels for other vehicles
871610-trailers and semi-trailers for housing or camping
871620-self-loading or self-unloading trailers and semi-
trailers for agricultural purposes
8716390010-agricultural trailers
8716390020-trailers for use with vehicles of heading 8709
8716400000-other trailers and semi-trailers
87168010-farm wagons and carts
8716901090-parts of farm wagons and carts
Ch. 88 Headings (Aircraft and Spacecraft)
8802200115-airplanes and other aircraft with unladen weight
not exceeding 450 kg
Ch. 89 Headings (Boats)
890110-cruise ships, excursion boats and similar vessels
principally designed for the transport of persons; ferry boats of all
kinds
890190-other vessels for the transport of goods and other
vessels for the transport of both persons and goods
8902-fishing vessels, factory ships, and other vessels for
processing or preserving fishery products
890321-sailboats, other than inflatable, with or without
auxiliary motor of a length not exceeding 7.5 m
890322-sailboats, other than inflatable, with or without
auxiliary motor of a length exceeding 7.5 m but not exceeding 9.2 m
890323-sailboats, other than inflatable, with or without
auxiliary motor of a length exceeding 24 m
890331-motorboats, other than inflatable, not including
outboard motorboats of a length not exceeding 7.5 m
890332-motorboats, other than inflatable, not including
outboard motorboat of a length exceeding 7.5 m but not exceeding 24 m
890333-motorboats, other than inflatable, not including
outboard motorboat of a length exceeding 24 m
89039305-canoes not of a type designed to be principally used
with motors or sails of a length not exceeding 7.5 m
89039315-other row boats not of a type designed to be
principally used with motors or sails of a length not exceeding 7.5 m
89039390-other vessels for pleasure or sports of a length not
exceeding 7.5 m
89039906-other canoes
89039916-other rowboats
8903999100-other vessels
8904-tug boats and pusher crafts
8905901000-floating docks
Ch. 90 Headings (Optical, Photographic, Cinematographic, Measuring,
Checking, Precision, Medical, or Surgical Instruments and Apparatus;
Parts and Accessories Thereof)
900319-frames and mountings for spectacles, goggles or the
like of non-plastics materials
900390-parts for spectacles, goggles or the like
900410-sunglasses
9005100040-prism binoculars
9005100080-other binoculars
90058040-optical telescopes
9005904000-parts and accessories (including mountings)
incorporating goods of heading 9001 or 9002
900691-parts and accessories for cameras
90138020-hand magnifiers, magnifying glasses, loupes, thread
counters and similar apparatus
90141060-gyroscopic compasses, other than electrical
90171080-other drafting tables and machines
9017204000-disc calculators, slide rules, and other
mathematical calculating instruments
Ch. 91 Headings (Clocks and Watches)
910212-electrically operated wrist watches with opto-electric
display only
91022902-straps, bands, or bracelets entered with watches of
subheading 9102.29.04
9105195000-alarm clocks valued over $5 each
9105295000-wall clocks valued over $5 each
911180-other watch cases
91119070-other watch case parts
91122080-other clock cases and cases of a similar type for
other goods of this chapter
911290-clock case parts
Ch. 92 Headings (Musical Instruments)
92059012-keyboard pipe organs
92059014-harmoniums and similar keyboard instruments with free
metal reeds
92059015-piano accordions
92059018-accordions and similar instruments
92059019-mouth organs
92099180-other parts and accessories for pianos
92099905-metronomes, tuning forks, and pitch pipes
92099910-mutes for instruments; pedals, dampers and spurs for
drums; pedals and holders for cymbals; lyres and other music holders
for attachment to musical instrument; and collapsible stands for
holding music or for holding musical instruments
92099961-parts for music boxes
Ch. 93 Headings (Arms and Ammunitions)
9301903020-rifles
93019060-shotguns
930310-muzzle-loading firearms
930320-other sporting, hunting, or target-shooting shotguns,
including combination shotgun-rifles
9303304020-centerfire rifles valued over $25 but not over $50
each
9303304030-rimfire rifles valued over $25 but not over $50
each
9303308010-other autoloading centerfire rifles
9303308012-other single shot centerfire rifles
9303308017-other bolt action centerfire rifles
9303308025-other centerfire rifles
9303308030-other rimfire rifles
93039040-pistols and revolvers designed to fire only blank
cartridges or blank ammunition
9303908000-other firearms
93052005-rifle stocks of shotguns or rifles of heading 9303
[[Page 47125]]
Ch. 94 Headings (Furniture, Bedding, Mattresses, and Similar Articles)
940131-swivel seats with variable height adjustment of wood
940152-bamboo seats
940153-rattan seats
940159-other seats of cane, osier, or similar materials
94016140-other upholstered chairs with wooden frames
94016160-other upholstered seats with wooden frames
9401790011-outdoor household seating with textile covered
cushions or textile seating or backing material
9401790015-other outdoor seating with textile covered cushions
or textile seating or backing material
9401790025-outdoor household seating
9401790035-other outdoor seating
9401806025-seats for children
9401806028-other household seating
94019115-wood parts of seats of a kind used in motor vehicles
94019190-other wood parts for seats
94019925-seat parts of cane, osier, bamboo or similar material
94033080-wooden furniture of a kind used in offices
94034060-wooden furniture of a kind used in the kitchen
designed for motor vehicle use
94035060-wooden furniture of a kind used in the bedroom
designed for motor vehicle use
94035090-wooden furniture of a kind used in the bedroom
94036080-other wooden furniture
94038200-bamboo furniture
94038300-rattan furniture
940389-other furniture of cane, osier, bamboo or similar
materials
94039100-wood parts for furniture
94039920-furniture parts of cane, osier, bamboo or similar
materials
940410-mattress supports
94051180-light fixtures of other materials
9405428410-other lighting sets
9406100000-prefabricated buildings made of wood
Ch. 95 Headings (Toys, Games, and Sporting Equipment)
9504300020-pinball machines and bell-type machines and
consoles
9504300040-other games, operated by coins, banknotes, bank
cards, tokens, or by any other means of payment, other than automatic
bowling alley equipment
9504300060-parts and accessories of other games, operated by
coins, banknotes, bank cards, tokens, or by any other means of payment,
other than automatic bowling alley equipment
9504904000-game machines, other than those operated by coins,
banknotes (paper currency), discs or similar articles; parts and
accessories thereof
95049060-chess, checkers, parchisi, backgammon, darts and
other games played on boards of a special design, all the foregoing
games and parts there of (including their boards); mahjong and
dominoes; any of the foregoing games in combination with each other, or
with other games, packaged together as a unit in immediate containers
of a type used in retail sales; poker chips and dice
9504909060-bowling equipment and parts and accessories thereof
95051015-Christmas ornaments of wood
95051030-nativity scenes and figures thereof
95061120-cross-country skis
95061140-other skis
95061160-parts and accessories of skis, not including ski
poles
9506198040-ski poles and parts and accessories thereof
9506290020-water skis
9506290030-surf boards
950640-articles and equipment for table-tennis, and parts and
accessories thereof
950651-lawn-tennis rackets, whether or not strung, and parts
and accessories thereof
9506594080-other parts and accessories of badminton rackets
not previously listed
9506990510-bows and bow parts
9506990520-arrows and arrow parts
95069915-baseball articles and equipment, except balls, and
parts and accessories thereof
95069920-football, soccer, and polo articles and equipment,
except balls, and parts and accessories thereof
95069925-ice-hockey and field-hockey articles and equipment,
except balls and skates, and parts and accessories thereof
95069945-other items, including parts and accessories of
sleds, bobsleds, toboggans, and the like
95071000-fishing rods and parts and accessories thereof
95079080-other items (including parts and accessories) of
fishing rods and other line fishing tackle not previously listed
950810-traveling circuses and traveling menageries
950822-carousels, swings, and roundabouts
950829-other amusement park rides and water park amusements
than previously listed
950830-fairground amusements
950840-traveling theaters
Ch. 96 Headings (Miscellaneous Manufactured Articles)
960310-brooms and brushes, consisting of twigs or other
vegetable materials bound together, with or without handles
960330-artist brushes, writing brushes, and similar brushes
for the application of cosmetics
96034020-paint rollers
9603404040-natural bristle brushes
9603404060-other paint, distemper, varnish, or similar brushes
than previously listed
96039040-feather dusters
96039080-other brooms
9605-travel sets for personal toilet, sewing or shoe or
clothes cleaning other than manicure and pedicure sets listed under
heading 8214
96062960-other buttons
960810-ball point pens
960830-fountain pens, stylograph pens, and other pens
96084040-propelling or sliding pencils with a mechanical
action for extending, or for extending and retracting, the lead
960910-pencils and crayons, with leads encased in a sheath
9610-slates and boards with writing or drawing surfaces,
whether or not framed
9611-date, sealing or numbering stamps and the like (including
devices for printing and embossing labels), designed for operating in
the hand; hand-operated composing sticks and hand printing sets
incorporating such composing sticks
961320-gas fueled, refillable pocket lighters
96140025-other pipe and pipe bowls of wood or root
96151940-combs and hair-slides valued over $4.50 per gross
96151960-other comb and hair-slides than previously listed
96159030-hair pins
96170010-vacuum flask vessels with parts other than glass
inners having a capacity not exceeding 1 liter
96170030-vacuum flask vessels with parts other than glass
inners having a capacity exceeding 1 liter but not 2 liters
96170040-vacuum flask vessels with parts other than glass
inners having a capacity exceeding 2 liters
9618-tailors' dummies and other mannequins for shopwindow
dressing
Additional Information
APHIS will continue to provide the latest information regarding the
Lacey Act on our website, https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/lacey-act. The
[[Page 47126]]
website currently contains the Lacey Act, as amended; requirements,
commodities and products covered, information on prohibitions, and the
current status of implementation of the declaration requirement of the
Lacey Act; frequently asked questions; the implementation schedule; and
a link to the Lacey Act Web Governance System (LAWGS). The website will
be updated as new materials become available. We encourage persons
interested in receiving timely updates on APHIS' Lacey Act efforts to
register for our stakeholder registry at https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new/ and select
``Lacey Act Declaration'' as a topic of interest.
Paperwork Reduction Act
This notice contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). The information collection activities included in this notice
are approved by the Office of Management and Budget under control
number 0579-0349.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this notice, please contact Mr. Joseph Moxey,
APHIS' Information Collection Coordinator, at (301) 851-2533.
Done in Washington, DC, this 23rd day of May 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-11901 Filed 5-30-24; 8:45 am]
BILLING CODE 3410-34-P