Other Special Cases

Items Manufactured Prior to May 22, 2008 
When plant products are imported that were manufactured prior to the enactment of the 2008 Amendments to the Lacey Act (May 22, 2008), manufacturers may not have tracked the species name for their raw materials.  It may be impossible to secure this information after the fact.  If an importer of products manufactured prior to May 22, 2008, is unable, through the exercise of due care, to determine the scientific name of the plant materials contained in the products, the importer should use the applicable SUD set forth above.   By using the SUD, the importer is representing that it is not possible, through the exercise of due care, to determine the scientific name for the plant materials.  If a product is not manufactured entirely prior to May 22, 2008, the importer must indicate the scientific name for all product components manufactured after that date.

No Plant Material Present – This SUD has been removed
This SUD is no longer necessary.  Importers should not file a declaration for products that do not contain any plant material.  However, for importers or brokers filing the declaration in Customs and Border Protection’s Automated Commercial Environment (ACE), they will need to enter  Disclaim Code “A” when the system prompts them to file a declaration for a product that contains no plant material.  This may occur when the harmonized tariff (HTS) code used to identify a product is one of the HTS codes listed in our Schedule of Enforcement but your product does not contain any plant material (e.g., stone sculptures).