The 2008 Lacey Act amendments require the declaration “upon importation.” That means it is required at the time the shipment lands in the United States’ jurisdiction. Most importers file the required declaration information in the U.S. Customs and Border Protection’s (CBP) Automated Commercial Environment (ACE) using the Lacey Act Message Set at or before the shipment’s time of arrival. APHIS will also accept Lacey Act declarations at Cargo Release or when the Entry Summary 7501 is filed in ACE. APHIS may examine this issue further and propose different guidance in a future regulatory action.
If you did not submit a declaration when you should have, please contact our office to notify us of the error. Please be prepared to provide the number of declarations that were not filed, the associated entry number(s), and the date(s) the shipment(s) arrived in the United States. We will discuss options for resolving the matter, including retroactively filing the declaration(s) in our LAWGS system or by submitting a paper declaration form, depending on the circumstances surrounding the failure to file.