U.S. Lacey Act
U.S. Lacey Act
What is Considered 'Illegal' Under the U.S. Lacey Act?
The Lacey Act defines illegal wood based on two conditions:
Violation of Specific Laws
To be considered illegal, timber must be sourced in violation of one or more of six legal categories:
Theft of plants
Harvesting from protected areas (e.g. national parks)
Harvesting from designated areas without permission
Cutting without permits or against legal conditions
Failure to pay taxes, royalties, or fees
Violating export or trans-shipment laws (e.g. log export bans)
Trade with the U.S.
If the product is traded to or within the U.S., and the above violations apply, it becomes a Lacey Act violation.
Basic Compliance Requirements for U.S. Importers To follow the Lacey Act, companies must:
- Avoid dealing in illegal timber
- Use due care when sourcing and importing
- File import declarations for all wood-based shipments
- Avoid false labelling or misrepresentation of origin
How Malaysian Exporters Comply
Malaysia supports legal timber trade through strict systems:
Certified timber sourcing (PEFC or FSC)
MTCS (Malaysian Timber Certification Scheme) for legal, sustainable timber
MYTLAS (Timber Legality Assurance) is also available for non-EU markets
Certified timber sourcing (PEFC or FSC)
MTCS (Malaysian Timber Certification Scheme) for legal, sustainable timber
MYTLAS (Timber Legality Assurance) is also available for non-EU markets
Revised Lacey Act Provisions: 2024 Updates
Effective December 1, 2024, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) will implement Phase VII of the Lacey Act enforcement schedule.
This phase expands declaration requirements to all remaining plant product HTS (Harmonized Tariff Schedule) codes that are not 100% composite materials—including many furniture items.
Companies exporting to the U.S. must now ensure their products comply with these extended requirements. For detailed HTS codes affected and further guidance on Phase VII, please refer to the official APHIS resources.
For a complete list of all HTS codes included in Phase VII, see here.
Federal Register :: Implementation of Revised Lacey Act Provisions
For more information on the implementation of Phase VII, see here.
https://www.aphis.usda.gov/plant-imports/lacey-act/phase-vii-faq
