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Animal and Plant Health Inspection Service
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Special Use Designations

Special Use Designations



Circumstance Genus Designation Species Designation

Species groupings



Amabilis Fir (Abies amabilis) and Western Hemlock (Tsuga heterophylla)

TEMP AATH

Western Larch (Larix occidentalis) and Douglas Fir (Pseudotsuga menziensii)

TEMP LOPM

SPF

SPECIAL SPF

Composite, Recycled, or Reused Plant Materials



MDF, HDF, OSB, Particle Board, Paper, Paperboard, etc.

SPECIAL COMPOSITE

Recycled Material

SPECIAL RECYCLED

Reclaimed or Reused Material

SPECIAL RECLAIMED
Other Special Cases

Manufactured Prior to May 22, 2008 - Sourcing of Pre- Amendment Materials Untraceable Despite Due Care

SPECIAL PREAMENDMENT

Hybrid Species (cultivated only)

Required
HYBRID

AMABILIS FIR AND WESTERN HEMLOCK (AATH)

APHIS added a new Species Groupings for Amabilis Fir and Western Hemlock (AATH). For the purposes of the Lacey Act Declaration (PPQ Form 505), the AATH species grouping includes the following Species Groupings:

  • Amabilis Fir (Abies amabilis) and
  • Western Hemlock (Tsuga heterophylla)

WESTERN LARCH AND DOUGLAS FIR (LOPM)

APHIS also added a new Species Grouping for Western Larch and Douglas Fir (LOPM). For the purposes of the Lacey Act Declaration (PPQ Form 505), the LOPM species grouping includes the following Species Groupings:

  • Western Larch (Larix occidentalis) and
  • Douglas Fir (Pseudotsuga menziensii)

These two groups each contain only two species that are similar and not easily distinguished one from another. They also contain common grades of lumber manufactured from varying proportions, commingled, and commonly traded together in individual shipments. Identifying the quantity of each particular species in individual shipments for these would be difficult, costly and/or time consuming.

For shipments of these groupings (AATH and LOPM), the importer may declare the genus as “TEMP” and the species as either “AATH” or “LOPM” to represent the species that may be present in products, including pallets, that contain these species.

Enter the SUD into the “genus” and “species” field(s) for the declaration as shown in this example:

11. HTS Number 12. Entered Value 13. Article/Component 14. Scientific Name Genus/Species 15. Country of Harvest 16. Quantity of Plant Materials 17. Unit of Measure 18. Percent Recycled
4415.20.40 00 2141 New Pallets TEMP LOPM Canada 15115 M3
4415.20.40 00 4356 New Pallets TEMP AATH Canada 20005 M3

SPRUCE PINE FIR (SPF)

Spruce, Pine, Fir (SPF) is a common grade of lumber manufactured from varying proportions of spruce, pine or fir species. SPF imports are a combination of several distinct species but identifying the particular species in any individual shipment would be difficult, costly, and/or time consuming.

For the purposes of the Lacey Act Declaration (PPQ Form 505), the SPF species grouping includes the following Species Groupings:

  • Abies balsamea
  • Abies lasiocarpa
  • Picea engelmannii
  • Picea glauca
  • Picea mariana
  • Picea rubens
  • Picea sitchensis
  • Pinus banksiana
  • Pinus contorta
  • Pinus resinosa

For shipments of SPF, the importer may declare the genus as “Special” and the species as “SPF” to represent that the specific species are unknown but the SPF species grouping represents all possible species that may be present in the product. However, if a species of wood contained in the shipment does not fall under the species grouping list above, the SPF Grouping may not be used in the declaration to identify the genus and species of the plant or plant product being imported.

Enter the SUD into the “genus” and “species” field(s) for the declaration as: 

11. HTS Number 12. Entered Value 13. Article/Component 14. Scientific Name Genus/Species 15. Country of Harvest 16. Quantity of Plant Materials 17. Unit of Measure 18. Percent Recycled
44071001 2141 SPF lumber SPECIAL SPF Canada 15115 M3 0

APHIS has also developed a process for interested parties to request the creation of additional Species Groupings.

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.  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”:

Composite: These are materials made of small fibers of more than one kind of plant that are bonded together chemically and include: Medium Density Fiberboard (MDF), High Density Fiberboard (HDF), Oriented Strand Board (OSB), Particle Board, Paper, Paperboard, and Cardboard.

Recycled:These are materials which are derived from highly processed waste material and include: Recycled Paper, Recycled Paperboard.

Reused and/or Reclaimed:Excluding driftwood, these are materials which have initially been processed by another company for a difference purpose, and are then repurposed to create new products.  The plant materials include: driftwood, construction debris, reclaimed lumber or wood salvaged from old buildings, furniture or ships.

11. HTS Number 12. Entered Value 13. Article/
Component
14. Scientific Name
Genus/Species
15. Country of Harvest 16. Quantity of Plant Materials 17. Unit of Mearure 18. Percent
Recycled
9401692010 1354 Bentwood Seats Made of Oak Quercus lineata
Indonesia
500 Kg 0

9401692010

2432 Seats made with MDF SPECIAL COMPOSITE Malaysia 450  Kg 0

9401692010

0 Paper veneer SPECIAL  COMPOSITE
Canada 5 Kg 0

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.

11. HTS Number 12. Entered Value 13. Article/
Component
14. Scientific Name
Genus/Species
15. Country of Harvest 16. Quantity of Plant Materials 17. Unit of Mearure 18. Percent
Recycled
92011000 1354 Vintage Upright Piano (made in 1956) SPECIAL PREAMENDMENT
Italy
800 Kg 0

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).   

There is no Special Use Designations (SUD) for the country of harvest field. If the country of harvest of the plant or plant product is unknown or is believed to be from more than one country, importers must provide the name of all countries from which the plant material may have been harvested (i.e., the country in which the plant was cut, logged, or removed). See 16 U.S.C. §3372(f)(2)(B).

The proper use of a SUD in a Lacey Act declaration fulfills the requirements of the Lacey Act regarding the declaration of the scientific name (genus/species).  A declaration which uses a SUD to identify the scientific name must include all other information required by the Lacey Act.

Provided that the importer uses the SUDs listed in the above table properly (truthfully, accurately, completely, and appropriately pursuant to this guidance) in a Lacey Act declaration that is otherwise in compliance with the requirements of the Lacey Act, APHIS will not refer for prosecution or take any other enforcement action for failing to provide the scientific name of the plant product in a declaration.  APHIS may remove or add new SUDs to the list of options in the above chart. Please check back for updates.

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