• A person does not need a declaration if the product has no plant matter.
• Filing a Lacey Act declaration is not required for imported goods composed of bamboo if the bamboo was planted for the motive of harvesting and business use.

Who needs a declaration?

A person does, if...(all must apply)

• The product has plant matter, and
• The product is categorized under a Harmonized Tariff Schedule (HTS) code listed on Animal and Plant Health Inspection Service's (APHIS) Implementation Schedule, and
• The shipment is imported as an official entry, and
• The shipment falls under one of these entry type codes: 01, 02, 03, 06 (exclusions apply for certain situations), 07, 31, 32, 34, 38, or 52.

A person does NOT, if...(at least one must apply)

• The product has no plant matter, or
• The product falls in one of these categories of exempt products (unless the product is protected, then a declaration is necessary):
  • Common Cultivars and Common Food Crops, or
  • Scientific specimens for lab/field research solely, or
  • Plants that will stay planted or will be planted/replanted
• The product is hand-carried in personal luggage or arrives by international mail, or
• The shipment is an informal entry, or
• The shipment has finished products that are not categorized under one of the Harmonized Tariff Schedule of the United States (HTSUS) code on APHIS’ implementation schedule, even if some of the matter used to make the product might otherwise need a declaration, or
• The shipment will not stay in the United States (in-bond movements and carnets), or
• The shipment satisfies the de minimis requirement (containing a minimal quantity of plant matter).

Wood packaging materials

As of October 1, 2021, importers must file a Lacey declaration for new wooden products in HTSUS 4415 that previously arrived in the United States as merchandise. Under the Lacey Act, there is an exception to the import declaration rule for plants used only as packaging material (shipping containers, cases, crates, drums, and pallets) to aid, protect, or carry additional goods, unless the packaging material itself is the good being imported. Also, APHIS does not mandate that U.S. importers file a Lacey declaration for secondhand, recycled, and reclaimed wooden products regardless of whether it is empty or under load, that are used to bring imported items into the United States.

Bamboo products

Filing a Lacey Act declaration is not required for imported goods composed of bamboo if the bamboo was planted for the motive of harvesting and business use. If the bamboo was harvested from wild stands or if the origin is unknown, then an individual needs to file a Lacey Act declaration.

Instruments shipped internationally for performances

Filing a Lacey Act declaration is not required for musical instruments if U.S. Customs Border Protection (CBP) decides the imported instrument is an informal entry. However, filing a Lacey Act declaration is required if CBP classifies the importation as a formal entry.