New Lacey Act requirements to impact wind instruments, drums and more

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At the time of this writing, the U.S. Fish and Wildlife services has advised that on July 1, 2021, a wide range of imported musical instruments, including drums, clarinets, flutes and piccolos, and others will be required to file a Lacey Act import declaration.

While the industry awaits additional information and the final effective date from Animal and Plant Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA), we encourage you to review the latest impact and requirements to commercial importers. There may be another change in the final implementation date, and we will keep you updated on this.

Our friends and partners at NAMM held a really useful 25 minute Webinar on the Expanded Lacey Import Requirements. Participants include Jim Goldberg, Goldberg & Associates, PLLC, Joe O’Donnell, International Wood Products Association and Mary Luehrsen, NAMM.

Join the NAMM public policy team and experts to learn the steps you must follow to comply with this new import requirement here:

The addition of these instruments follows the 2008 expansion of the Lacey Act, which was expanded to include all plants and plant products (including wood), and later, the 2010 import declaration requirement was made applicable to pianos (including player pianos, harpsichords, and other stringed keyboard instruments) defined in Harmonized Tariff Schedule 9201 and “other stringed instruments” (including acoustic guitars, violins, and harps) in HTS 9202.

Now, the import declaration requirement will be applicable to imported products falling within the following HTS codes:

  • 9205.90.20.00 — wind musical instruments, bagpipes
  • 9205.90.40.20 — clarinets
  • 9205.90.40.60 — flutes and piccolos
  • 9205.90.40.80 — other woodwind instruments
  • 9206.00.20.00 — drums
  • 9207.90.00.40 — fretted stringed instruments, the sound of which is produced or must be amplified electrically.
  • 9209.92 — parts and accessories for musical instruments (e.g., instrument stands, tuning pins, bows)
  • 9209.92.80.80 — parts and accessories for musical instruments, other
  • 9209.99.20.00 — parts and accessories for bagpipes
  • 9209.99.40.40 — parts and accessories for other woodwind instruments
  • 9209.99.80.00 — parts and accessories for musical instruments, other

Further information on HTS code descriptions can be found at https://hts.usitc.gov/current. Musical Instruments are found in Chapter 92.

The import declaration form must be filed electronically or in paper format by the importer, although as a practical matter, the information required by the form must be obtained from the product manufacturer or exporter.

More detailed information on Lacey Act requirements can be found at https://www.aphis.usda.gov/plant_health/lacey_act

For further reading, our friends and colleagues at the CSFI in France have also published an excellent flow chart and explanation which can be found here: www.csfi-musique.fr/reglementations/lacey-act