NEW DATA ELEMENTS REQUIRED FOR IMPORTATION OF SOFTWOOD LUMBER: PHASE-IN BY SEPTEMBER 18

The Food, Conservation, and Energy Act (also commonly known as the ‘Farm Bill’), enacted on June 19, 2008, contained several provisions related to the importation of Softwood Lumber. The Softwood Lumber Act of 2008 (SLA 2008) mandates the government to establish and maintain a ‘Softwood Lumber Declaration Program’, including an electronic record of all softwood lumber and softwood lumber product importations subject to the Act.

The requisite electronic record will consist of:

Export price for each shipment of softwood lumber and softwood lumber products calculated as specified by the SLA 2008

Estimated export charges, if any, applicable to each shipment of softwood lumber and softwood lumber products

An importer declaration confirming the export price and export charge

It is the Importer’s responsibility to provide this information to US Customs and Border Protection (CBP) by way of CBP form 7501, Entry Summary, for all importations of softwood lumber products described in Section 804 of the Act.

These products include: softwood lumber, flooring, siding, fence pickets, truss components, pallet components, box-spring frame components, door and window frame parts, and others classified under 4407.10.00, 4409.10.05, 4409.10.10, 4409.10.20, 4409.10.90, 4418.90.4695, 4421.90.7040 and 4421.90.9740. Excluded from the requirements are items such as complete truss kits, assembled box-spring frames, wholly assembled pallets, garage doors, complete window and door frames, furniture, personal effects and others.

We recommend that importers with affected merchandise take measures to indicate export charges and export price appear on commercial invoices or other shipment documentation clearly visible for Customs. Failure to comply with these reporting requirements may result in seizure of merchandise, and/or significant civil penalties.

For definitions of terms and sample declarations, please refer to: 
Data Elements Defined
and 
Importer Declaration