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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
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 plantrelated 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 three notices we published in the Federal Register,1
the first on February 3, 2009 74 FR
59115913, Docket No. APHIS2008
0119, the second on September 2, 2009
74 FR 4541545418, Docket No.
APHIS20080119, and the third on February 6, 2015 80 FR 66816683, Docket No. APHIS20080119.
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 V began on August 6, 2015. The enforcement schedule is available on the Animal and Plant Health Inspection Service APHIS
website at https www.aphis.usda.gov/
aphis/ourfocus/planthealth/importinformation/SA_Lacey_Act. We continue to consider the applicability of the declaration requirement to products not included in the current phase-in schedule.
On March 31, 2020, we published a notice in the Federal Register 85 FR
1784917850, Docket No. APHIS2008
0119 announcing Phase VI of the 1 To view the notices and the comments we received, go to http www.regulations.gov, and enter APHIS20080119 in the Search field.

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enforcement schedule, which would have begun on October 1, 2020. We solicited comments concerning our proposal until July 1, 2020. We received 31 comments by that date. They were from industry associations, conservation organizations, importers, exporters, and representatives of foreign governments.
Several commenters were concerned that adding products under Harmonized Tariff Code 4415, which includes cases, boxes, crates, drums, containers, pallets, and box-pallets, and other solid wood packaging materials, would result in unnecessary burden and disruptions to international trade if the declaration requirement was enforced for these packaging materials.
The Act specifies that 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 3372f3. APHIS
will only require a declaration for new products in Harmonized Tariff Code 4415 that are formally entering the United States. The declaration requirement will not apply to used, recycled, or reclaimed pallets or to pallets, empty or under load, that are used to carry goods imported into the United States.
Some commenters expressed concern about the addition of essential oils in Harmonized Tariff Code 3301.29.5150
essential oils of other. These commenters stated that it was unclear what was included under other and that there could be attempts to inaccurately classify products under different codes to avoid the plant import declaration requirement.
We agree with the commenters that this code may not provide sufficient specificity and could result in both deliberate and unintentional inaccuracies. Accordingly, we have decided to remove Harmonized Tariff Code 3301.29.5150essential oils of other from this implementation phase.
In the initial notice, we included both Harmonized Tariff Code 9209.92 and the 10-digit Harmonized Tariff Code 9209.92.8000. Listing the 10-digit code is unnecessary, since it already falls under 9209.92. We also mistakenly categorized Harmonized Tariff Code 9209.99.8000 as musical instruments of heading 9202, other. It should read simply Other. We have corrected these errors. An updated list of Harmonized Tariff Schedule codes is set out below. Furthermore, we have decided to delay implementation of the enforcement phase based on the comments we received. Implementation
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of Phase VI will now begin on October 1, 2021.
Ch. 33 Headings Essential Oils 3301295109essential oils of cedarwood 3301295121essential oils of linaloe or bois de rose 3301295139essential oils of sandalwood Ch. 42 Headings Trunks, Cases, Suitcases 4202292000trunks, cases, and suitcases of wood 4202992000other, of wood, not lined 4202993000other, of wood, lined Ch. 44 Headings Wood and Articles of Wood 441012oriented strand board OSB
4415cases, boxes, crates, drums, containers, pallets, box-pallets, etc.
Ch. 92 Headings Musical Instruments 9205902000wind musical instruments: bagpipes 9205904020clarinets 9205904080other woodwind instruments 9205904060flutes and piccolos 9206002000drums 9207900040musical instruments fretted string instruments 9209.92parts and accessories for musical instruments of heading 9202
9209992000parts and accessories for bagpipes 9209994040parts and accessories for other woodwind instruments 9209998000other Ch. 96 Headings Miscellaneous Manufactured Articles 9620005500monopods, bipods, tripods and similar articles of wood 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/SA_
Lacey_Act. The website currently contains the Lacey Act, as amended; a slideshow covering background and context, 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 phase-in implementation plan; a link to the Lacey Act Web Governance System LAWGS;
and the paper declaration form. The website will be updated as new materials become available. We encourage persons interested in
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