Understanding the APHIS Lacey Act & the 2026 Phase VII Expansion Guide
The Lacey Act (16 U.S.C. §§ 3371–3378) originally enacted in 1900, is the United States’ premier legislation combating illegal logging, wildlife trafficking, and timber piracy. Under a series of 2008 amendments, it became the world’s first ban on the import, sale, or trade of timber products derived from illegally harvested plant species.
The 2026 Phase VII Expansion: What Importers Must Know
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (USDA APHIS) enforces the declaration requirement (PPQ Form 505) in sequential phases. For nearly two decades, declarations were confined to raw wood, pulp, and basic wood products (Chapters 44 and 47).
The implementation of Phase VII in 2025/2026 marks the final, sweeping regulatory expansion of this statutory mandate. It requires declarations for nearly all remaining plant and wood-containing HTS codes. Crucially, Phase VII pulls in highly complex, multi-material consumer merchandise, including:
- Chapter 82: Hand tools, saws, axes, and agricultural spades containing wooden handles.
- Chapter 92: Musical instruments, such as woodwind/brass components, acoustic guitars, violin bridges, and piano frames.
- Chapter 94: Home and commercial furniture constructed with solid wood frames, plywood boards, or filled with plant materials (e.g., kapok stuffing).
- Chapter 95: Children’s toys, board games, and sports equipment (e.g. wooden skateboards, billiard cues).
- Chapter 96: Household brooms, cosmetics brushes, umbrellas with wood shafts, and wood-encased writing pencils.
The Legal Definition of "Due Care"
The Lacey Act establishes different tiers of criminal liability based on the level of care taken by the importer. If an importer unknowingly brings illegally logged wood into the United States, they are subject to civil forfeiture of the goods. However, if they fail to exercise "Due Care", they can be prosecuted criminally.
Due Care is legally defined as "the degree of care which a reasonably prudent person would exercise under the same or similar circumstances." In wood sourcing, this means that an importer cannot merely accept a supplier's invoice stating that the wood is legal. They must perform active due diligence, trace components back to the country of harvest, evaluate local forestry laws, and assess the corruption index of the supply chain.
Special Exceptions: Recycled Paper and Composite Wood
Understanding statutory exemptions is key to managing supply chain compliance costs:
- Recycled Material Exemption: Under the law, if your packaging or paper product consists of recycled fibers, you are exempt from reporting the botanical Genus/Species and Harvest Origin for that recycled portion. Instead, you must report the percentage of recycled content. This is modeled directly in our screener, reducing sourcing risk ratings because recycled fibers carry a significantly lower illegal logging threat.
- Composite Wood Products (MDF & Particleboard): MDF, particleboard, and fiberboards present a challenge because they are formed by grinding thousands of trees into wood pulp. Importers of composite wood products can utilize special composite codes or identify a list of possible genus/species, but they must still declare the country of harvest.