Lacey Act Import Requirement Includes Drums, Clarinets, Flutes, and Piccolos

Person playing flute

As reported this Summer, the U.S. Dept. of Agriculture, Animal and Plant Health Inspection Service (APHIS) announced that implementation for Phase VI of the enforcement schedule will start on October 1, 2021. Phase VI mandates that companies importing musical instruments containing wood - including drums, clarinets, flutes, and piccolos - will be required to file a new import declaration form.  Learn how to comply with this new import requirement by viewing our short webinar.

Since 2010, the import declaration requirement has been 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. Beginning on October 1, 2021, the import declaration requirement expands 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

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.

The European musical instrument organization CSFI has prepared a guidance document for European manufacturers and exporters, but it can also be helpful to U.S. importers.