ls your hardwood inventory Lacey compliant?

Lumber, Fontana, Ca., has seen the Lacey Act affect his business. "We are now more obligated than ever to hold our import lumber suppliers more accountable on where and how they obtain the lumber they are shipping to us," he says. "We need to deal with reputable importers that follow the rules and guidelines of the Lacey Act."

Johnston suggests that dealers "should be upfront and directly ask (suppliers) if they are in compliance before purchasing the product. If we have customers that request verification, we in turn would ask our supplier for the PPQ505 form, which states that they are in compliance. We already have so much paperwork in our world, we do not provide (the form) unless it is requested."

Ip6 decking wholesaler/manufacturer Sean Burch, Redwood Empire, Morgan Hill, Ca., agrees: "Ask your current supplier if they can supply you with the Lacey documentation that we as importers submit at the time of arrival. Or, ask for a letter that states the current supplier complies and will be responsible for Lacey Act requirements all the way back to the harvest plans."

fN I-nre Aucusr. Gibson Guitars' facilities in Tennessee Iwere raided by federal investigators, who seized hardwoods they maintain were imported in violation of the Lacey Act.

The lO0-year-old statute, forerunner of the Endangered Species Act, was expanded in 2008 to cover wood products, making illegal sourcing punishable by fines and prison. Wood imported from, say, India must have been harvested and handled according to Indian laws.

Considering the popularity of ip6 decking and other imported wood products, are lumber dealers taking the proper precautions to ensure what they're trading in is Lacey compliant?

"Lacey requires a more educated buyer," notes George Celtrick, Cikel USA, Miami, Fl. "In the past, finding an offer 20Vo below market price was great news; now one needs to ask how the material can be that cheap. I was astounded the other day to receive an offer on lumber, decking, flooring and logs from Brazil. It's illegal to export logs from Brazil."

Last year, Cikel received an email from a foreign company claiming to offer Lacey-compliant, FSC-certified material. Celtrick asked for their chain-of-custody certificate number, which was promptly provided. "But," Celtrick says, "when I went to www.fsc.org, I saw that (the C-O-C number) was for a Danish printing company. When I mentioned this in an email, they disappeared."

Hardwood wholesaler Dennis Johnston. Peterman

Cikel USA's Celtrick maintains proof should be written and extensive. "What the U.S. attorneys determine compliant is the tricky part," he says. "Too many U.S. buyers feel a letter from their supplier is enough 'due diligence' that the material was taken legally. Buyers need to ask brokers and suppliers to prove it. You need to know exactly from whom the broker gets the material and what document(s) in that country prove that it is legally taken. It forces transparency into the supply chain by punishing the buyers who don't have it."

Celtrick admits, however, that the burden of proof may vary, depending on the volume of materials and one's place in the distribution chain. "If you are not the importer of record or a big buyer, the level of needed due diligence drops," he says. "Homeowners should not worry about Lacey violations with their new deck. But, if you are the first buyer touching the container from the port, shame on you if don't have a file showing due care in your purchasing process."

According to Romel Bezerra, InterSomma, Pembroke Pines, Fl., compliance is straightforward. "Everyone, from importers to lumber dealers, only need to exercise due diligence when purchasing imported wood products," he says. "It is not that difficult, especially when one knows their suppliers well."

As Laura L. Beaver, New Horizons Hardwoods, Springfield, Mo., advises: "Buy from companies you know and trust."

By lohn Cambruzzi, Insulfoam