Issue link: http://palletcentral.uberflip.com/i/1436421
10 PalletCentral • November-December 2021 palletcentral.com POLICY PLAY AT Overview O n October 1st, new declaration requirements for U.S. imports of empty wood packaging went into effect. e declaration requirements result from the implementation of the Lacey Act, specifically, Phase Six of the Act's enforcement schedule. Phase Six includes boxes, crates, and pallets. In 2009, the Lacey Act underwent significant alterations and additions. Since then, the U.S. Department of Agriculture (USDA) has been phasing in the new declaration requirements. e office overseeing implementation is USDA's Animal and Plant Health Inspection Service (APHIS). For the last several years, the NWPCA has diligently engaged APHIS in the best manner to implement Phase Six with minimal disruptions to the supply chain. Last year, NWPCA engagement and concerns led to a one-year postponement of implementation. Phase Six Implementation On October 1st, over a decade since the passage of the amendments to the Lacey Act, APHIS arrived at the implementation of Phase Six, which includes wooden pallets, crates, and boxes. Heading into this phase, NWPCA expressed our concern that if all wooden pallets, crates, and boxes, whether new, used, or under load, have the same declaration requirement, the impact would be highly disruptive. ankfully, APHIS listened to our concerns and developed an exemption to the declaration requirement for specific categories of wood pallets. APHIS does not require declaration for used, repaired, or recycled wooden products, whether or not they are empty or under load. New wood pallets and under load (used as packaging material to support, protect, or carry another item) are not themselves the item being imported and require no declaration. When not under load, a new pallet is considered merchandise and must undergo the Lacey Act required declaration. If an item is exempt from the declaration requirement, the importer must use a disclaimer code to indicate that the data is not required. e importer/broker must file a plant and plant product declaration form if a declaration is required. e form must state the country where the wood was taken or the five most-likely countries where the wood might have been taken. Additionally, APHIS requires the scientific name of the wood or the name of each species that might have been used. ere are special- use designations that APHIS provides for filling out the genus and species designations. Learn More Much of this is understandably complicated, which is why the NWPCA held a webinar on the Lacey Act in late September. e webinar was entitled "e Lacey Act Declaration Requirements for Wood Packaging". NWPCA President & CEO Brent McClendon moderated the webinar with Karen Williams, Compliance Specialist, e Lacey Act Program, United States Department of Agriculture, and Michael E. Lehar, LCB/ CCS/CES, Manager Regulatory Affairs, A.N. Deringer, Inc. e webinar was simultaneously translated into French and Spanish. We had over 350 registrants, including individuals from Mexico and Canada. In addition to the webinar, NWPCA launched a website to provide background materials, answers to frequently asked questions, a recording of the September 21st webinar, and other valuable information for U.S. importers of wood pallets and wood packaging. e website, www.palletcentral.com/lacey, is publicly available and will continue to be updated as needed. You can currently find a recording of the webinar and the presenter's slides on the Lacey Act page. Lacey Act Implementation Reaches the Pallet Industry By Jason Ortega When not under load, a new pallet is considered merchandise and must undergo the Lacey Act required declaration. If an item is exempt from the declaration requirement, the importer must use a disclaimer code to indicate that the data is not required. Jason Ortega is vice president, public affairs, at NWPCA. He also manages the NWPCA Political Action Committee for the Association. He may be reached at jortega@palletcentral. com or by calling 703.519.6104.