[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)] [Notices] [Pages 47122-47126] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-11901] [[Page 47122]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2008-0119] Implementation of Revised Lacey Act Provisions AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, in part, that importers submit a declaration at the time of importation for certain plants and plant products. Enforcement of the declaration requirement began on April 1, 2009, and products requiring a declaration are being phased-in. The purpose of this notice is to inform the public of another phase of the Federal Government's enforcement schedule. DATES: We will consider all comments that we receive on or before July 30, 2024. ADDRESSES: You may submit comments by either of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Enter APHIS-2008-0119 in the Search field. Select the Documents tab, then select the Comment button in the list of documents. Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2008-0119, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737- 1238. Supporting documents and any comments we receive on this docket may be viewed at regulations.gov or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming. FOR FURTHER INFORMATION CONTACT: Ms. Erin Otto, National Policy Manager, Lacey Act Program, Compliance and Environmental Coordination Branch, PPQ, APHIS, 4700 River Road Unit 150, Riverdale, MD 20737; (301) 851-3881; [email protected]. SUPPLEMENTARY INFORMATION: Background The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and significantly amended in 1981, is the United States' oldest wildlife protection statute. The Act combats trafficking in illegally taken wildlife, fish, or plants. The Food, Conservation and Energy Act of 2008, effective May 22, 2008, amended the Lacey Act by expanding its protection to a broader range of plants and plant products (section 8204, Prevention of Illegal Logging Practices). The Lacey Act now makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken, possessed, transported, or sold in violation of any law of the United States or an Indian tribe, or in violation of any State or foreign law that protects plants or that regulates certain specified plant-related activities. The Lacey Act also now makes it unlawful to make or submit any false record, account, or label for, or any false identification of, any plant. In addition, section 3 of the Lacey Act, as amended, makes it unlawful, beginning December 15, 2008, to import certain plants, including plant products, without an import declaration. The declaration must contain the scientific name of the plant, value of the importation, quantity of the plant, and name of the country from which the plant was harvested. For paper and paperboard products containing recycled content, the declaration also must include the average percent of recycled content without regard for species or country of harvest. The plant import declaration requirement does not apply to plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported. Currently, enforcement of the declaration requirement is being phased in, as described in four notices we published in the Federal Register,\1\ the first on February 3, 2009 (74 FR 5911-5913, Docket No. APHIS-2008-0119), the second on September 2, 2009 (74 FR 45415-45418, Docket No. APHIS-2008-0119), the third on February 6, 2015 (80 FR 6681- 6683, Docket No. APHIS-2008-0119), and the fourth on July 2, 2021 (86 FR 35259-35261, Docket No. APHIS-2008-0119). --------------------------------------------------------------------------- \1\ To view these notices and the comments we received, go to http://www.regulations.gov and enter APHIS-2008-0119 in the Search field. --------------------------------------------------------------------------- In our February 2009 notice, we committed to providing affected individuals and industry with at least 6 months' notice for any products that would be added to the phase-in schedule. The phased-in enforcement schedule began April 1, 2009. The most recent phase (VI) began on October 1, 2021. The enforcement schedule is available on the Animal and Plant Health Inspection Service (APHIS) website at https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/lacey-act. We continue to consider the applicability of the declaration requirement to products not included in the current phase-in schedule and we invite public comment on how the declaration requirement should be enforced as to these products. Phase VII of the enforcement schedule, which would begin on December 1, 2024, is described below. We invite public comment on the products covered under this phase of the plan, as well as on whether any additional Harmonized Tariff Schedule (HTS) chapters should be included in the current phase-in schedule. Should there be additions to phase VII, we intend to provide at least 6 months' notice to persons and industries affected by those changes to facilitate compliance with the new requirements. Changes will be announced in the Federal Register. For the full description of the HTS chapters, please refer to the Harmonized Tariff Schedule at usitc.gov. Ch. 12 Headings (Industrial or Medicinal Plants) 1211201090-wild ginseng roots 1211500000-ephedra 1211600000-bark of African cherry (Prunus africana) Ch. 13 Headings (Lac, Gums, Resins, and Other Vegetable Saps and Extracts) 1302140100-vegetable saps and extracts of ephedra Ch. 14 Headings (Vegetable Plaiting Materials) 1401-vegetable materials of a kind used for plaiting 1404903000-istle of a kind used primarily in brooms or in brushes, whether or not in hanks or bundles 1404904000-other vegetable materials used primarily in brooms or in brushes, whether or not in hanks or bundles 1404909020-raw canaigre, chestnut, curupay, divi-divi, eucalyptus, gall nuts, hemlock, larch, mangrove, myrobalan, oak, quebracho, sumac, tara, urunday, valonia, wattle materials of a kind used primarily in tanning 1404909040-other raw vegetable materials of a kind used primarily in dyeing or tanning Ch. 33 Headings (Essential Oils) 3301295141-essential oils of sassafras including Ocotea cymbarum 3301295142-essential oils of vetiver [[Page 47123]] 3301295150-other essential oils 3303001000-floral or flowers waters 3307410000-``agarbatti'' and other odoriferous preparations which operate by burning 3307490000-other preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites Ch. 36 Headings (Pyrotechnic Products) 3605000030-matches with natural wood stems Ch. 38 Headings (Miscellaneous Chemical Products) 3805901000-pine oil Ch. 42 Headings (Articles of Leather, Travel Goods, and Handbags) 4202392000-wood articles of a kind normally carried in the pocket or in the handbag 4202925000-musical instrument cases 4202929315-jewelry boxes, and similar containers of a kind normally sold at retail with their contents Ch. 44 Headings (Wood and Articles of Wood) 4412 \2\-plywood, veneered panels and similar laminated wood --------------------------------------------------------------------------- \2\ Currently, most of HTS chapter 4412 has already been implemented, with two specified exemptions (44129906 and 441229957). APHIS established the exemptions in 2009 as a temporary exception for plywood that contained composite material. Since then, APHIS has established a special use designation for such material and is therefore eliminating the exemptions, and the entire chapter will be covered. --------------------------------------------------------------------------- 4413-densified wood, in blocks, plates, strips or profile shapes Ch. 45 Headings (Cork and Articles of Cork) 4501-natural cork, raw or simply prepared; waste cork; crushed, granulated, or ground cork 4503-articles of natural cork Ch. 46 Headings (Basketware and Wickerwork) 460121-bamboo mats, matting, and screens 460122-rattan mats, matting, and screens 460129-mats, matting, and screens of other vegetable materials 460192-bamboo plaits and similar products of plaiting materials, whether or not assembled into strips; plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles 460193-rattan plaits and similar products of plaiting materials, whether or not assembled into strips; plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles 460194-plaits and similar products of plaiting materials, whether or not assembled into strips; plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles of other vegetable materials 460211-bamboo basketwork, wickerwork and other articles 460212-rattan basketwork, wickerwork and other articles 4602190500-fishing baskets or creels of other vegetable materials 4602191200-willow baskets and bags, whether or not lined 4602193500-other willow or wood wickerwork 4602194500-other goods made from willow or wood plaits 4602196000-wickerwork of other vegetable materials 4602198000-other goods made from vegetable material plaits Ch. 56 Headings (Nonwovens, Twine, Ropes, and Cables and Articles Thereof) 5608901000-fish netting and fishing nets of materials other than manmade materials Ch. 64 Headings (Footwear) 64029923-footwear with a base or platform of wood with outer soles and uppers or rubber or plastics; and uppers of which over 90 percent of the external surface is rubber or plastics 64029925-footwear with a base or platform of cork with outer soles and uppers of rubber or plastics; and uppers of which over 90 percent of the external surface is rubber or plastics 64035111-footwear covering the ankle, with outer soles of leather, made on a base or platform of wood, not having an inner sole or a protective metal toe-cap 64035910-other footwear, with outer soles of leather made on a base or platform of wood, not having an inner sole or a protective metal toe-cap 64039111-other footwear covering the ankle made on a base or platform of wood, not having an inner sole or a protective metal toe- cap 64039910-other shoes made on a base or platform of wood, not having an inner sole or a protective metal toe-cap 64039920-other footwear made on a base or platform of wood Ch. 66 Headings (Umbrellas) 6601-umbrellas and sun umbrellas 660320-umbrella frames, including frames mounted on shafts 66039041-umbrella handles, knobs, tips, and caps Ch. 82 Headings (Tools and Cutlery) 820210-handsaws and parts thereof 820310-files, rasps, and similar tools 82032020-tweezers 8203206030-pliers 820520-hammers and sledgehammers, and parts thereof 820530-planes, chisels, gouges, and similar cutting tools for working wood, and parts thereof 820540-screwdrivers, and parts thereof 82055115-carving and butchers steels, with or without handles 8205513030-kitchen and table implements 8206-tools of two or more headings 8202 to 8205, put up in sets for retail sale 821110-sets of assorted knives 8211918030-steak knives 82119290-other knives with fixed blades 82119300-knives having other than fixed blades 821410-paper knives, letter openers, erasing knives, nonmechanical pencil sharpeners, and blades and parts thereof 821420-manicure or pedicure sets and instruments (including nail files), and parts thereof 82149030-cleavers with their handles 82159940-spoons and ladles with base metal (except stainless steel) or non-metal handles Ch. 84 Headings (Machinery, Boilers, and Nuclear Reactors) 841891-furniture designed to receive refrigerating or freezing equipment 84189940-refrigerating or freezing equipment door assemblies incorporating more than one of the following: inner panel; outer panel; insulation; hinges; handles 8436800070-bee-keeping machinery 8436990030-parts of bee-keeping machinery 843840-brewery machinery 844520-textile spinning machines 8446100010-power looms for weaving fabrics of a width not exceeding 30 cm 8447119090-other circular knitting machines with circular diameter not exceeding 165 mm 8447129090-other circular knitting machines with circular diameter exceeding 165 mm 844811-dobbies and jacquards; card reducing, copying, punching or assembling machines for use with machines of heading 8444, 8445, 8446 or 8447 [[Page 47124]] 844833-spindles, spindle flyers, spinning rings, and ring travellers 8448420000-reeds for loom, healds, and heald-frames for weaving machines or of their auxiliary machinery 84509040-furniture designed to receive the machines of subheadings 8450.11 through 8450.20, inclusive 8451210090-other drying machines 8451906000-furniture designed to receive the drying machines of subheading 8451.21 or 8451.29 84529010-furniture, bases and covers for sewing machines, and parts thereof 8481805060-bath, shower, sink, and lavatory faucets 84819050-parts of hand operated and check appliances Ch. 85 Headings (Electrical Machinery and Equipment) 851821-single loudspeakers, mounted in their enclosures 851822-multiple loudspeakers, mounted in the same enclosure 8538100000-boards, panels, consoles, desks, cabinets, and other bases for goods of heading 8537, not equipped with their apparatus 8543709810-amplifiers 8543709820-special effects pedals for use with musical instruments Ch. 87 Headings (Vehicles) 87089450-steering wheels for other vehicles 871610-trailers and semi-trailers for housing or camping 871620-self-loading or self-unloading trailers and semi- trailers for agricultural purposes 8716390010-agricultural trailers 8716390020-trailers for use with vehicles of heading 8709 8716400000-other trailers and semi-trailers 87168010-farm wagons and carts 8716901090-parts of farm wagons and carts Ch. 88 Headings (Aircraft and Spacecraft) 8802200115-airplanes and other aircraft with unladen weight not exceeding 450 kg Ch. 89 Headings (Boats) 890110-cruise ships, excursion boats and similar vessels principally designed for the transport of persons; ferry boats of all kinds 890190-other vessels for the transport of goods and other vessels for the transport of both persons and goods 8902-fishing vessels, factory ships, and other vessels for processing or preserving fishery products 890321-sailboats, other than inflatable, with or without auxiliary motor of a length not exceeding 7.5 m 890322-sailboats, other than inflatable, with or without auxiliary motor of a length exceeding 7.5 m but not exceeding 9.2 m 890323-sailboats, other than inflatable, with or without auxiliary motor of a length exceeding 24 m 890331-motorboats, other than inflatable, not including outboard motorboats of a length not exceeding 7.5 m 890332-motorboats, other than inflatable, not including outboard motorboat of a length exceeding 7.5 m but not exceeding 24 m 890333-motorboats, other than inflatable, not including outboard motorboat of a length exceeding 24 m 89039305-canoes not of a type designed to be principally used with motors or sails of a length not exceeding 7.5 m 89039315-other row boats not of a type designed to be principally used with motors or sails of a length not exceeding 7.5 m 89039390-other vessels for pleasure or sports of a length not exceeding 7.5 m 89039906-other canoes 89039916-other rowboats 8903999100-other vessels 8904-tug boats and pusher crafts 8905901000-floating docks Ch. 90 Headings (Optical, Photographic, Cinematographic, Measuring, Checking, Precision, Medical, or Surgical Instruments and Apparatus; Parts and Accessories Thereof) 900319-frames and mountings for spectacles, goggles or the like of non-plastics materials 900390-parts for spectacles, goggles or the like 900410-sunglasses 9005100040-prism binoculars 9005100080-other binoculars 90058040-optical telescopes 9005904000-parts and accessories (including mountings) incorporating goods of heading 9001 or 9002 900691-parts and accessories for cameras 90138020-hand magnifiers, magnifying glasses, loupes, thread counters and similar apparatus 90141060-gyroscopic compasses, other than electrical 90171080-other drafting tables and machines 9017204000-disc calculators, slide rules, and other mathematical calculating instruments Ch. 91 Headings (Clocks and Watches) 910212-electrically operated wrist watches with opto-electric display only 91022902-straps, bands, or bracelets entered with watches of subheading 9102.29.04 9105195000-alarm clocks valued over $5 each 9105295000-wall clocks valued over $5 each 911180-other watch cases 91119070-other watch case parts 91122080-other clock cases and cases of a similar type for other goods of this chapter 911290-clock case parts Ch. 92 Headings (Musical Instruments) 92059012-keyboard pipe organs 92059014-harmoniums and similar keyboard instruments with free metal reeds 92059015-piano accordions 92059018-accordions and similar instruments 92059019-mouth organs 92099180-other parts and accessories for pianos 92099905-metronomes, tuning forks, and pitch pipes 92099910-mutes for instruments; pedals, dampers and spurs for drums; pedals and holders for cymbals; lyres and other music holders for attachment to musical instrument; and collapsible stands for holding music or for holding musical instruments 92099961-parts for music boxes Ch. 93 Headings (Arms and Ammunitions) 9301903020-rifles 93019060-shotguns 930310-muzzle-loading firearms 930320-other sporting, hunting, or target-shooting shotguns, including combination shotgun-rifles 9303304020-centerfire rifles valued over $25 but not over $50 each 9303304030-rimfire rifles valued over $25 but not over $50 each 9303308010-other autoloading centerfire rifles 9303308012-other single shot centerfire rifles 9303308017-other bolt action centerfire rifles 9303308025-other centerfire rifles 9303308030-other rimfire rifles 93039040-pistols and revolvers designed to fire only blank cartridges or blank ammunition 9303908000-other firearms 93052005-rifle stocks of shotguns or rifles of heading 9303 [[Page 47125]] Ch. 94 Headings (Furniture, Bedding, Mattresses, and Similar Articles) 940131-swivel seats with variable height adjustment of wood 940152-bamboo seats 940153-rattan seats 940159-other seats of cane, osier, or similar materials 94016140-other upholstered chairs with wooden frames 94016160-other upholstered seats with wooden frames 9401790011-outdoor household seating with textile covered cushions or textile seating or backing material 9401790015-other outdoor seating with textile covered cushions or textile seating or backing material 9401790025-outdoor household seating 9401790035-other outdoor seating 9401806025-seats for children 9401806028-other household seating 94019115-wood parts of seats of a kind used in motor vehicles 94019190-other wood parts for seats 94019925-seat parts of cane, osier, bamboo or similar material 94033080-wooden furniture of a kind used in offices 94034060-wooden furniture of a kind used in the kitchen designed for motor vehicle use 94035060-wooden furniture of a kind used in the bedroom designed for motor vehicle use 94035090-wooden furniture of a kind used in the bedroom 94036080-other wooden furniture 94038200-bamboo furniture 94038300-rattan furniture 940389-other furniture of cane, osier, bamboo or similar materials 94039100-wood parts for furniture 94039920-furniture parts of cane, osier, bamboo or similar materials 940410-mattress supports 94051180-light fixtures of other materials 9405428410-other lighting sets 9406100000-prefabricated buildings made of wood Ch. 95 Headings (Toys, Games, and Sporting Equipment) 9504300020-pinball machines and bell-type machines and consoles 9504300040-other games, operated by coins, banknotes, bank cards, tokens, or by any other means of payment, other than automatic bowling alley equipment 9504300060-parts and accessories of other games, operated by coins, banknotes, bank cards, tokens, or by any other means of payment, other than automatic bowling alley equipment 9504904000-game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; parts and accessories thereof 95049060-chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design, all the foregoing games and parts there of (including their boards); mahjong and dominoes; any of the foregoing games in combination with each other, or with other games, packaged together as a unit in immediate containers of a type used in retail sales; poker chips and dice 9504909060-bowling equipment and parts and accessories thereof 95051015-Christmas ornaments of wood 95051030-nativity scenes and figures thereof 95061120-cross-country skis 95061140-other skis 95061160-parts and accessories of skis, not including ski poles 9506198040-ski poles and parts and accessories thereof 9506290020-water skis 9506290030-surf boards 950640-articles and equipment for table-tennis, and parts and accessories thereof 950651-lawn-tennis rackets, whether or not strung, and parts and accessories thereof 9506594080-other parts and accessories of badminton rackets not previously listed 9506990510-bows and bow parts 9506990520-arrows and arrow parts 95069915-baseball articles and equipment, except balls, and parts and accessories thereof 95069920-football, soccer, and polo articles and equipment, except balls, and parts and accessories thereof 95069925-ice-hockey and field-hockey articles and equipment, except balls and skates, and parts and accessories thereof 95069945-other items, including parts and accessories of sleds, bobsleds, toboggans, and the like 95071000-fishing rods and parts and accessories thereof 95079080-other items (including parts and accessories) of fishing rods and other line fishing tackle not previously listed 950810-traveling circuses and traveling menageries 950822-carousels, swings, and roundabouts 950829-other amusement park rides and water park amusements than previously listed 950830-fairground amusements 950840-traveling theaters Ch. 96 Headings (Miscellaneous Manufactured Articles) 960310-brooms and brushes, consisting of twigs or other vegetable materials bound together, with or without handles 960330-artist brushes, writing brushes, and similar brushes for the application of cosmetics 96034020-paint rollers 9603404040-natural bristle brushes 9603404060-other paint, distemper, varnish, or similar brushes than previously listed 96039040-feather dusters 96039080-other brooms 9605-travel sets for personal toilet, sewing or shoe or clothes cleaning other than manicure and pedicure sets listed under heading 8214 96062960-other buttons 960810-ball point pens 960830-fountain pens, stylograph pens, and other pens 96084040-propelling or sliding pencils with a mechanical action for extending, or for extending and retracting, the lead 960910-pencils and crayons, with leads encased in a sheath 9610-slates and boards with writing or drawing surfaces, whether or not framed 9611-date, sealing or numbering stamps and the like (including devices for printing and embossing labels), designed for operating in the hand; hand-operated composing sticks and hand printing sets incorporating such composing sticks 961320-gas fueled, refillable pocket lighters 96140025-other pipe and pipe bowls of wood or root 96151940-combs and hair-slides valued over $4.50 per gross 96151960-other comb and hair-slides than previously listed 96159030-hair pins 96170010-vacuum flask vessels with parts other than glass inners having a capacity not exceeding 1 liter 96170030-vacuum flask vessels with parts other than glass inners having a capacity exceeding 1 liter but not 2 liters 96170040-vacuum flask vessels with parts other than glass inners having a capacity exceeding 2 liters 9618-tailors' dummies and other mannequins for shopwindow dressing Additional Information APHIS will continue to provide the latest information regarding the Lacey Act on our website, https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/lacey-act. The [[Page 47126]] website currently contains the Lacey Act, as amended; requirements, commodities and products covered, information on prohibitions, and the current status of implementation of the declaration requirement of the Lacey Act; frequently asked questions; the implementation schedule; and a link to the Lacey Act Web Governance System (LAWGS). The website will be updated as new materials become available. We encourage persons interested in receiving timely updates on APHIS' Lacey Act efforts to register for our stakeholder registry at https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new/ and select ``Lacey Act Declaration'' as a topic of interest. Paperwork Reduction Act This notice contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The information collection activities included in this notice are approved by the Office of Management and Budget under control number 0579-0349. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this notice, please contact Mr. Joseph Moxey, APHIS' Information Collection Coordinator, at (301) 851-2533. Done in Washington, DC, this 23rd day of May 2024. Michael Watson, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2024-11901 Filed 5-30-24; 8:45 am] BILLING CODE 3410-34-P