APHIS Says Lacey Act Phase VII Won't Include Vetiver Essential Oil; Adds 3 Furniture Subheadings

USDA's Animal and Plant Health Inspection Service is making changes to its list of Harmonized Tariff Schedule codes the agency plans to implement Phase VII of the Lacey Act provisions.

Starting Dec. 1, plants and plant products that are listed under Phase VII of the Lacey Act implementation schedule will need a Lacey Act import declaration. There are 250 HTS codes for plant and plant products that will require such a declaration.

For essential oils, APHIS will not implement HTS code 3301.29.5142 as part of Phase VII per concern from a company that the code (essential oil of vetiver) is a common cultivar product and should be exempt from the Lacey Act.

However, APHIS will continue to pursue the Dec. 1 deadline for the implementation of HTS code 3301.29.5150 (other essential oils) despite a request by some companies to extend the implementation period by 12 months. The companies had argued that 3301.29.5150 (other essential oils) contains many different species in the broad category of "other," but APHIS said the concern about HTS code 3301.29.5150 was aired four years ago in 2020.

"It has been 4 years since APHIS agreed to postpone declaration requirements and during that time they have engaged in almost 24 months of targeted outreach for Phase VII. The Lacey Act Program team does not believe an extension is needed," APHIS said.

In addition to answering questions about essential oils, APHIS noted that three HTS codes in Chapter 94, which covers furniture, were omitted from the Phase VII list. A letter from a group of nongovernmental organizations brought the omissions to APHIS' attention.

The HTS code are 9403.40.9040, 9403.40.9060 and 9403.40.9080 (from the furniture chapter).

As a result, APHIS said it will correct the oversight and publish a Federal Register notice with these codes and provide a six-month waiting period before implementation.

APHIS said it published these clarifications in response to concerns raised in public comments. APHIS had accepted comments through July 30.