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US Lacey Act declaration for plant and wood products: what to file

Many plant and wood products imported into the US as formal entries need a Lacey Act declaration from the importer of record, listing the scientific name of each plant, the country where it was harvested and the quantity. The requirement follows APHIS's phased schedule of HTS codes, and products with only a little plant material can use the de minimis exception.

Checked against official sources: 2026-10

At a glance

RegulatorUSDA Animal and Plant Health Inspection Service (APHIS)
Who filesThe importer of record or its agent, such as a customs broker with power of attorney
WhenWhen the shipment arrives in US jurisdiction; most importers file before arrival
Which productsFormal entries under HTS codes on APHIS's implementation schedule, new wooden 4415 packaging, listed composites such as MDF, OSB, particleboard and paper
DataGenus and species, product description, value, quantity in metric units, country of harvest, HTS code, MID and container number
How to fileACE (Lacey Act Message Set), LAWGS for FTZ and bulk filings, or a paper declaration (PPQ Form 505)
De minimisPlant material no more than 5% of the unit's weight and no more than 2.9 kg per entry for the same 10-digit HTS code
Not coveredInformal entries (usually under USD 2,500), personal baggage and mail, in-bond movements and carnets

When a declaration is needed

A Lacey Act declaration is required for products classified under HTS codes on APHIS's implementation schedule, imported as a formal entry under the specified entry types. It also covers new wooden products in HTSUS 4415, such as pallets and crates, and composite products such as MDF, HDF, OSB, particleboard and paper when they are on the schedule, as well as wild-harvested bamboo or bamboo of unknown origin.

Since the 2008 amendments, the Lacey Act requires plants in imported products to be legally harvested. APHIS has phased the declaration in by product group, starting with timber, some furniture, essential oils, wood cases and trunks and woodwind instruments. Phase VII adds groups such as plywood, laminated wood, tools, handbags, cork, bamboo and rattan products and footwear, starting six months after it is published in the Federal Register; check APHIS's schedule for the current status.

What the declaration contains

Exemptions

No declaration is needed for products without plant material, finished products not under a listed HTS code, informal entries (usually under USD 2,500), hand-carried baggage and international mail, in-bond movements and carnets. Common cultivars, common food crops, scientific specimens and plants to be planted are exempt unless they are protected species, and so are plants used only as packaging and used or recycled 4415 wooden packaging carrying goods.

The de minimis exception applies when plant material is no more than 5% of the weight of each product unit and the total plant weight in the entry for the same 10-digit HTS provision is no more than 2.9 kg; it does not apply to CITES-listed, ESA-listed or state-protected species. In ACE, the de minimis exception uses disclaimer code G.

Step by step

  1. Check whether the product's 10-digit HTS code is on APHIS's Lacey Act implementation schedule and whether the entry is formal.
  2. Collect from your suppliers the genus and species and the country of harvest for every plant in the product.
  3. Measure the plant material in metric units, and check whether the 5% and 2.9 kg de minimis exception applies.
  4. Give the importer of record or customs broker the data for the Lacey Act Message Set in ACE, LAWGS or PPQ Form 505.
  5. Keep the supply chain records that support the declaration.

Documents you usually need

Common problems and how to avoid them

The supplier gives quantities in pieces.

What to do: The declaration needs plant quantity in metric units such as kilograms or cubic metres.

The exact wood species is unknown.

What to do: List every possible species or country after due care, or use a special designation such as SPECIAL COMPOSITE for composite or recycled material.

A small wooden part is assumed to be exempt.

What to do: The de minimis exception needs both the 5% unit weight limit and the 2.9 kg per-entry limit, and it never covers protected species.

New wooden pallets are imported as goods without a declaration.

What to do: New wooden products in HTSUS 4415 need a declaration; only used or recycled 4415 packaging carrying goods is exempt.

Sources

  1. Lacey Act Declaration Requirements USDA APHIS
  2. APHIS Extends Protections for World's Plants Through Implementation of Revised Lacey Act Provisions USDA APHIS
  3. PPQ Form 505 Plant and Plant Product Declaration USDA APHIS

Rules change often. This note is practical guidance based on the sources above, not legal advice. Confirm current requirements with the authority, your importer or a licensed customs broker before you ship.

Port codes by country

United States port codes (UN/LOCODE)
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Trade notes

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Common questions

What is a Lacey Act declaration?

A declaration filed by the US importer of record for listed plant and wood products, stating each plant's genus and species, country of harvest, quantity and value.

Which products need it?

Products under HTS codes on APHIS's implementation schedule imported as formal entries, plus new 4415 wooden packaging and listed composites.

Is there a small-quantity exception?

Yes. Plant material of no more than 5% of the unit weight and no more than 2.9 kg per entry for the same 10-digit HTS provision, except for protected species.

How is it filed?

Mainly in ACE through the Lacey Act Message Set; LAWGS is used for FTZ and bulk filings, and a paper PPQ Form 505 is available.

Do informal entries need a declaration?

No. Informal entries, usually under USD 2,500, are not covered.

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