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Animal and Plant Health Inspection Service
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How can I disclaim products that are excluded from the Lacey Act declaration requirements?

If you are filing customs information in ACE and are prompted to file a Lacey Act declaration for a product that is excluded from the declaration requirements, select the appropriate disclaim option in the APHIS Lacey Act Message Set:

  1. Not Regulated: This disclaimer code is used to indicate that the Lacey Act information is not required because the product is not regulated under the 2008 Amendments to the Lacey Act or it is exempt under the Act. This includes products that are common cultivars, common food crops, scientific specimens, and plants intended for planting, and products containing zero (0) plant material. Protected plant species are not part of these exemptions.
  2. Not Required: This disclaimer code is used to indicate that the Lacey Act information is not required because the product has been identified in APHIS policy as not requiring a Lacey Act Declaration.
  3. Filed Through Other System: This disclaimer code is used to indicate that the filer has already submitted the required Lacey Act information directly to APHIS using the Lacey Act Web Governance System (LAWGS).
  4. Filed Through Paper Submission: This disclaimer code is used to indicate that the filer has already submitted the required Lacey Act information directly to APHIS using the Lacey Act Plant and Plant Product Declaration (PPQ Form 505/505b) paper form.
  5. De minimis: This disclaimer code is used to indicate that the HTS line is claimed as de minimis for products containing plant material that represents no more than 5 percent of the total weight of the individual product unit, provided that the total weight of the plant material in an entry of such products (at the CBP line level, single HTS code) does not exceed 2.9 kilograms.
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