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.

As part of the new reporting requirements outlined by the Act, US Customs and Border Protection (CBP) requires a certification from importers attesting to specific details of each entry. Metro Customs Brokers recommends use of the following text, placed on company letterhead and signed by an authorized company representative.

“We as importer of record, declare that we have sought appropriate documentation from the exporter/supplier when applicable and have consulted the determinations published by the Department of Commerce.

To the best of our knowledge and belief, the export price has been determined in accordance with the definitions provided to the trade in section 802(5) of the Act; the export price is consistent with the value provided on any applicable export permit granted by the country of export.

Further, we certify that the exporter/supplier has paid or committed to pay all export charges due in accordance with the volume, price and charge rate established by the international agreement between the country of export and the United States, and that this charge is consistent with those found at as required by section 805(b) of the agreement.”

This certification must be signed and dated, and may be provided to Metro Customs Brokers with Customs clearance documentation at the time of import. Alternatively, importers may submit blanket certifications for a period of not more than one year. Blanket statements should clearly indicate effective and expiry dates.