Wood Importers' Alert -- New Declaration Requirement
GRVR Attorneys - Oct Newsletter

The latest Farm Bill imposes new requirements on wood importers, a group that may be much larger than you might think. Importers of plants and plant products are now required to certify that their products do not come from illegally harvested trees or plants. Specifically, importers must file a declaration regarding the species and country of origin. The world's forests are being cut down illegally to supply the US domestic market. (See, for example, Brazil's government has been named as the worst illegal logger of Amazon forests by one of its own departments). US wood and furniture manufacturers, environmental groups, and labor unions inserted into the Farm Bill an amendment to the Lacey Act, our country's oldest wildlife protection statute.

Customs and Border Protection and the Agriculture Department's Animal Plant Health Inspection Service (APHIS) will enforce the new law. Importers must start filing declarations by December 15, 2008, unless federal regulators and industry representatives can negotiate an extension or a tiered phase-in, which appears likely. Flooring, furniture, paperboard and plywood are clearly covered, but the new law may cover importers of many other products containing wood or plant material. The law does not specify how importers should certify their products, but it is clear that violators face huge penalties and the danger of shipment seizure.