On October 1, 2009, APHIS began enforcement of the declaration requirements for plant products in certain Harmonized Tariff Schedule chapters that are composed in whole or in part of composite materials, such as medium density fiberboard (MDF), particle board, or paperboard; or recycled, reused, or reclaimed (including driftwood) material. For the purposes of the Lacey Act Declaration, importers of such materials may have difficulty identifying the scientific name (genus/ species), of the plant products they import. If an importer of such materials is unable through the exercise of due care to determine the scientific name for the plant materials, the importer may use the applicable SUD listed in the above table. By using the Special Use Designation, the importer is representing that it is not possible through the exercise of due care to determine the scientific name of such plant materials. If a product is not composed entirely of composite, recycled, reused and/or reclaimed materials, the importer must indicate the scientific name for all other plant product components.
In an effort to simplify the SUD policy, APHIS has combined the SUDs for composite products into one designation (“Composite”) and for reused and reclaimed into another designation (“Reclaimed”). The importer should use the appropriate designation for their product in the Scientific Name fields. Importers must also identify the type of product in the article description field. APHIS has not made any changes to the SUD for recycled material.
For purposes of the Lacey Act Declaration, APHIS uses the following definitions for the terms “Composite”, “Recycled”, and “Reused and/or Reclaimed”