12 2 STA T . 2 05 5 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 thenam e of ea c hco u nt ry from w h i ch the pl ant may ha v e b een ta k en
an d‘ ‘ (C) in the ca s e in which a paper or paperboard plant product includes recycled plant product , contain the aver - a g e percent recycled content without regard for the species or country of origin of the recycled plant product, in addi- tion to the information for the non-recycled plant content otherwise re q uired by this subsection . ‘‘( 3 ) EXCLUSION S. —P aragraphs ( 1 )and( 2 ) shall not apply to plants used e x clusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported. ‘‘( 4 ) REV IE W .— N ot later than two years after the date of enactment of this subsection, the S ecretary shall review the implementation of each requirement imposed by paragraphs (1) and (2) and the effect of the exclusion provided by paragraph (3). I n conducting the review, the Secretary shall provide public notice and an opportunity for comment. ‘‘( 5 )RE P O RT .—Not later than 1 80 days after the date on which the Secretary completes the review under paragraph (4), the Secretary shall submit to the appropriate committees of Congress a report containing— ‘‘( A ) an evaluation of— ‘‘(i) the effectiveness of each type of information required under paragraphs (1) and (2) in assisting enforcement of this section; and ‘‘(ii) the potential to harmoni z e each requirement imposed by paragraphs (1) and (2) with other applicable import regulations in existence as of the date of the report; ‘‘( B ) recommendations for such legislation as the Sec- retary determines to be appropriate to assist in the identi- fication of plants that are imported into the U nited States in violation of this section; and ‘‘(C) an analysis of the effect of subsection (a) and this subsection on— ‘‘(i) the cost of legal plant imports; and ‘‘(ii) the extent and methodology of illegal logging practices and trafficking. ‘‘( 6 ) PRO M UL GA TION O F REGULATIONS.—Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary may promulgate regula- tions— ‘‘(A) to limit the applicability of any requirement imposed by paragraph (2) to specific plant products; ‘‘(B) to make any other necessary modification to any requirement imposed by paragraph (2), as determined by the Secretary based on the review; and ‘‘(C) to limit the scope of the exclusion provided by paragraph (3), if the limitations in scope are warranted as a result of the review. ’ ’. (c) CROSS-REFERENCES TO NEW RE Q UIREMENT.—Section 4 of the L acey Act Amendments of 1 9 81 (16 U.S.C. 33 7 3) is amended— (1) by striking ‘‘subsections (b) and (d)’’ each place it appears and inserting ‘‘subsections (b), (d), and (f)’’; (2) by striking ‘‘section 3(d)’’ each place it appears and inserting ‘‘subsection (d) or (f) of section 3’’; and Deadlin e .R e com menda -t ion s . Deadline.
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