G/TBT/N/USA/1382  
 
17 July 2018  
(18-4487) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: UNITED STATES OF AME RICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: Animal and Plant Health Inspection Service (APHIS), Department of 
Agriculture (USDA) [1404]  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency  or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Plants, 
plant products  
Wood and articles of wood; wood charcoal (HS 44), Live trees and other plants; bulbs, 
roots and the like; cut flowers and ornamental foliage (HS 06).  
Terminology (principles and coordination) (ICS 01.020), Standardization. General rules 
(ICS 01.120).  
5. Title, number of pages and language(s) of the notified document: Lacey Act 
Implementation Plan: De Minimis Exception (6 page(s), in English)   
6. Description of content: The Food, Conservation, and Energy Act of 2008 amended the 
Lacey Act to provide, among other things, that importers submit a declaration at the time 
of importation for certain plants and plant products. The declaration requirement of the 
Lacey Act became effective on 15 December 2008, and enforcement of that requirement is 
being phased in. We are proposing to establish an exception to the declaration requirement 
for products containing a minimal amount of plant materials. This action would relieve the 
burden on importers while continuing to ensure that the declaration requirement fulfills the 
purposes of the La cey Act. We are also proposing that all Lacey Act declarations be 
submitted within 3 business days of importation.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of animal or plant life or health; Protecti on of the environment  
8. Relevant documents:  83 Federal Register (FR) 31697, 9 July 2018; Title 7 Code of 
Federal Regulations (CFR) Part 357.  Will appear in the Federal Register when adopted . 
G/TBT/N/USA/424  - Implementation of Revised Lacey Act Provisions and all subsequent 
addenda and corrigenda.  
G/TBT/ N/USA/565  - Lacey Act Implementation Plan; Definitions for Exempt and Regulated 
Articles and all subsequent addenda and corrigenda.  G/TBT/N/USA/1382  
 
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  Lacey Act Implementation Plan: Composite Plant Materials published 9 July 2018:  
https://www.gpo.gov/fdsys/pkg/FR -2018-07-09/html/2018 -14625.htm  
https://www.gpo.gov/fdsys/pkg/FR -2018-07-09/pdf/2018 -14625.pdf   
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments: 7 September 2018  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
https://members.wto.org/crnattachments/2018/TBT/USA/18_37 92_00_e.pdf