APHIS Will Implement Lacey Act Phase VII Requirements on Dec. 1, 2024
November 27, 2024This notice is to remind brokers importing shipments of timber species into New Orleans Area i.e., the ports of New Orleans, Gramercy, Baton Rouge, Lake Charles, Shreveport and Morgan City for cargo clearance purposes, of upcoming changes to the CITES II manual going into effect November 25, 2024.
BACKGROUND
The 19th meeting of the Conference of the Parties to the Convention on International Trade (CoP19) in Endangered Species of Wild Fauna and Flora (CITES) held in November 2022, decisions were adopted regarding a number of timber taxa which will result in certain requirements for international trade in these (approximately 127) timber species. Initial changes went into effect 90 days after the CoP19 conference and the remaining changes included a delayed implementation of 24 months, effective November 25, 2024.
SPECIFICATIONS
The below excerpt of timber taxa was further explained in the United States Department of the Interior Fish and Wildlife Service notice FWS/DMA/PLA 7-15 issued January 31, 2023. Refer to original notice for further details.
African Mahogany
African Mahogany (Afzelia spp.), also called Afzelia, Pod mahogany, or African oak, has been included in Appendix II, with Annotation #17 (Logs, sawn wood, veneer sheets, plywood and transformed wood). The listing includes only the African populations in the genus; no other populations are included in the Appendices (effective on February 23, 2023).
Cumaru
Cumaru (Dipteryx spp.), also called Shihuahuaco or Tonka, has been included in Appendix II, with Annotation #17 (Logs, sawn wood, veneer sheets, plywood and transformed wood) and will become effective on November 25, 2024. Dipteryx panamensis has been included in Appendix III since February 13, 2003, and the species will continue to be regulated under Appendix III until November 25, 2024, when it will be included in Appendix II with the remainder of the genus.
Padauk
Padauk (Pterocarpus spp.), also called African rosewood, has been included in Appendix II, with Annotation #17 (Logs, sawn wood, veneer sheets, plywood and transformed wood). The listing includes only the African populations in the genus, meaning that a covered specimen originating from the African continent will require CITES documents for export, import, and re-export. The new genus level listing becomes effective on February 23, 2023.
Trumpet trees
Trumpet trees (Handroanthus spp., Roseodendron spp., and Tabebuia* spp.) have been included in Appendix II, with Annotation #17 (Logs, sawn wood, veneer sheets, plywood, and transformed wood) will become effective on November 25, 2024. *Note: IPE refers to seven different species within the genus Tabebuia.
ACTIONS
On the date these listings become effective, importations of the covered species must be accompanied by CITES permits or certificates issued by the country of export or re-export. Even if a shipment was exported or re-exported before the effective date but will arrive in the United States on or after the effective date, it must be accompanied by the required CITES document. Importers are urged to communicate with their trade partners to ensure that shipments are in compliance with CITES requirements.
Customs and Border Protection (CBP) Agriculture will enforce the changes on the effective date. All CITES lumber shipments must go through a CITES designated port. The Port of New Orleans confirms with the USDA National CITES Coordinator that we are a CITES Designated Port.
Common species of CITES lumber to the Port of New Orleans include Cedar, Mahogany, Khaya, Tabebuia, Handroanthus, and Dipteryx species.
CITES Importation document requirements:
- Original CITES Export documents issued by the exporting country’s CITES Management Authority
- USDA-issued Protected Plant Permit, for importers engaged in the commercial trade of CITES listed plants
- Cargo paperwork associated with the shipment (such as bill of lading, air waybill, U.S. Customs entry, and invoice)
- AUTHORITY
CITES is implemented in the United States through the Endangered Species Act. See 16 U.S.C. §§ 1532(4), 1537a, 1538(c)(1), 1538(g), 1539(g), 1540. U.S. CITES implementing regulations can be found at 50 CFR Part 23. These regulations are in conjunction with 7 CFR 319.40 Logs, Lumber and Other Wood Articles and 7 CFR 355 Endangered Species Regulations Concerning Terrestrial Plants.
Please refer to the CITES and USDA sites for updated guidance. This notice is based on current information.