Printable Version Softwood Lumber Agreement and new legislation to control wood imports


The Food, Conservation, and Energy Act of 2008, popularly known as the “Farm Bill”, contains a provision that requires a new declaration for certain softwood lumber products imported to the United States. The declaration is required for imports of affected products on and after September 18, 2008.

The products that require this new declaration are covered by specific headings in the Harmonized Tariff Schedules of the U.S. (HTSUS), for example, wood flooring, window and doorframes, bed frames, and similar materials. Please consult the U.S. Customs and Border Protection and other reference material noted below for specific information on affected products.

The new data that must be submitted to CBP with the clearance entry are as follows:
  • Export Price: this will usually be the FOB price at the facility where the last processing occurred before export to the U.S.
  • Estimated Export Charges: defined as any charge or other fee collected by the country of export pursuant to an international agreement between the country of origin and the U.S., and based on information published by the U.S. Dept. of Commerce

Importer Declaration, to include the following:

  • Appropriate inquiries have been made regarding all required information
  • Export prices and export charges are consistent with all relevant laws and regulations governing this declaration
  • Export charges have been paid or will be paid

CBP has modified the Automated Broker Interface (ABI) system to accept this data electronically. The actual export price and export charges amounts will be reported on the entry summary. However, the declaration will be reported by a simple “Y” indicator. Shipment documentation must contain proper information to support the electronic declaration to CBP. Shipments without this information are subject to delay.

Reference sources:

CBP Interim Final Rule, Federal Register, Aug 25, 2008
http://www.gpoaccess.gov/fr/browse.html
CBP Allows 30 Day Grace Period to Implement Softwood Lumber Declaration
http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/laws/food_energy/softwood/grace_period.xml
CBP Press Release on New Declaration
http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/laws/food_energy/softwood/alert_softwood_lumber.xml