The short answer: the U.S. Lacey Act does not ask whether your wood is ‘sustainable’ — it asks whether it was legally harvested, and it demands a declaration proving it. Under 16 U.S.C. sections 3371–3378 (amended 2008), importing illegally harvested plants or plant products is a crime, and import declarations must state the scientific name (genus and species), the country of harvest, the quantity and the value (16 U.S.C. 3372(f)). Since Phase VII took effect on 01/12/2024, the declaration now covers virtually all remaining plant-product tariff codes.
The declaration: what, how, and since when only electronic
The Lacey Act declaration (PPQ 505/505B) is filed through CBP’s Automated Commercial Environment (ACE) Lacey message set or APHIS’s Lacey Act Web Governance System (LAWGS) — APHIS stopped accepting paper filings on 01/01/2026. Phase VII (89 FR 47122, effective 01/12/2024) extended the declaration to all remaining plant-product HTS codes that are not 100% composite materials: furniture, cork, essential oils, tools, bamboo and rattan products, footwear and more. The critical field is country of harvest — where the plant was cut or collected — which is not the same as country of origin for customs purposes, and the two often differ for Vietnamese-made furniture using imported timber.
Beyond the declaration: the underlying prohibition
The declaration is only half the law. The Lacey Act separately makes it unlawful to import, export, transport or trade plants taken in violation of any U.S. or foreign law protecting plants — a provision with criminal penalties for knowing violations, plus civil penalties and forfeiture. A correct declaration does not cure illegally harvested wood. For Vietnamese exporters, the practical exposure sits upstream: timber imported from high-risk origins, re-exported as finished furniture, carries the harvest country’s legal risk into the U.S. filing.
Lacey vs EUDR: legality vs deforestation-free
The EU Deforestation Regulation (2023/1115) asks a different question: whether the commodity is deforestation-free and legally produced, backed by geolocation of the production plots and a due-diligence statement. Its application dates were postponed twice — currently 30/12/2026 for large and medium operators and traders, 30/06/2027 for micro and small ones, under Regulation (EU) 2025/2650. Lacey asks only about legality of harvest, requires no geolocation, but is enforced criminally with forfeiture. An exporter serving both markets needs two compliance files, not one: a Lacey declaration file keyed to harvest legality, and an EUDR due-diligence file keyed to geolocation and deforestation status.
Building a Lacey-ready file
Work backwards from the declaration fields: for each wood species in each product, obtain the scientific name, the country (and ideally region) of harvest, and the supplier’s evidence of legal harvest — harvesting permits, chain-of-custody certificates, or credible audits. Pay special attention to mixed-species products like inlaid furniture, where every component species must be declared. Keep the file per shipment: CBP can ask years later, and ‘the supplier told us’ is not a defense.
Checklist
- List every plant species in each exported product with scientific names.
- Record the country of harvest for each species — not just the manufacturing country.
- File declarations electronically via ACE or LAWGS; paper is no longer accepted.
- Collect legal-harvest evidence upstream, especially for imported timber inputs.
- Maintain a separate EUDR file with geolocation for EU-bound goods.
Frequently asked questions
Does Phase VII cover our furniture?
Almost certainly, if it contains plant material and is not 100% composite. Phase VII swept in the remaining HTS codes including furniture, effective 01/12/2024.
Is country of harvest the same as made-in-Vietnam origin?
No. Harvest country is where the tree was cut; origin for customs is usually where the product was manufactured. They often differ.
Can we still file on paper?
No. Since 01/01/2026 APHIS accepts declarations only via ACE or LAWGS.
Does a correct declaration protect illegally harvested wood?
No. The Act separately criminalizes trafficking in illegally harvested plants; the declaration does not cure the underlying violation.
Do we need EUDR compliance too if we already file Lacey?
Yes, for EU-bound goods. EUDR requires geolocation and deforestation-free due diligence — a different file with different fields, on a postponed timeline.
Shipping wood products to the U.S.? FLAT Law Firm helps exporters build Lacey declaration files and harvest-legality evidence — before CBP asks.
This article has been quality-reviewed by the FLAW AI Legal Council