| An updated version of the Document Image System (DIS) XML Implementation Guide is available. An updated version of the Document Image System (DIS) XML Implementation Guide is now available. Changes include: Appendix E (Guidelines for Used Self-Propelled Vehicle document submissions to DIS via Email) was added. Also, updated Appendix B and C to reference Appendix E. Appendix A: Added doccodes 160, 161 and 162 for CBP Updated comments for APH31 and APH32 Read the CSMS Here. New Modernized ACE CBP Forms Application Deployed April 23, 2022 On April 23, 2022, U.S. Customs and Border Protection (CBP) deployed the new CBP Forms application. The CBP Forms application allows trade users to view, respond and manage electronic versions of CBP Form 28 (Request for Information), Form 29 (Notice of Action), Form 4647 (Notice to Mark and/or Notice to Redeliver) and Docs Required response and management functionality. Please note that the application operates only in Chrome or Firefox browser. The CBP Forms application will not operate in Internet Explorer or Microsoft Edge. Please refer to the Quick Reference Guide for helpful information and other features found at: Modernized ACE Portal – CBP Forms QRG For questions about the new application and its functionality, please contact Entry Summary, Accounts & Revenue Division (ESAR) at esar@cbp.dhs.gov. For all technical issues, please contact the CBP Technology Service Desk (TSD) at 1-800-927-8729 or at cbp.technology.service.desk@cbp.dhs.gov. Read the CSMS Here. |
| Food and Drug Administration (FDA) New Center for Food Safety and Applied Nutrition (CFSAN) Product Codes The Food and Drug Administration (FDA) has created a new Center for Food Safety and Applied Nutrition (CFSAN) product code listed below. It is available immediately. Product Code/Description 23Y[][]01/Nut Spreads with Flavorings (e.g. Nutella) Please send any questions or concerns to the email address for the Product Code Builder Feedback: PCBFeedback@fda.hhs.gov. For assistance with product code identification, the public may also refer to the FDA Product Code Builder. Read the CSMS Here. Update to Food and Drug Administration (FDA) Foreign Supplier Verification Programs (FSVP) for Food Importers Data Requirements This CSMS updates information on entry data requirements for importers subject to FDA’s Foreign Supplier Verification Programs for Food Importers (FSVP) regulation. Currently, FDA guidance provides that FSVP Importers may temporarily submit “UNK” (unknown) in place of the DUNS number for the FSVP Importer in PG19. In issuing this guidance, FDA explained that while the agency expected all importers to provide their Unique Firm Identifier (UFI) in accordance with 21 CFR 1.509(a); the agency recognized that this was a new requirement, and some factors may have prevented importers from doing so. FDA therefore established a temporary policy providing FSVP importers unable to immediately obtain a DUNS number to transmit the value “UNK” in the UFI field for shipments subject to FSVP entry requirements. Beginning July 24, 2022, FDA will end its temporary policy of permitting use of the entity identification code “UNK.” FSVP importers have now had ample time to familiarize themselves with the requirements in 21 CFR 1.509(a). Accordingly, consistent with 21 CFR 1.509(a), the FSVP importer must ensure that their valid, 9-digit DUNS number is provided in the Entity Number field. No earlier than July 24, 2022, CBP will reject an entry line of a food subject to the FSVP regulation when the importer’s DUNS number is not provided in the Entity Number field. For more information, please see the updated Guidance for Industry: Compliance with Providing an Acceptable Unique Facility Identifier for the Foreign Supplier Verification Programs for Food Importers Regulation: Guidance for Industry The deployment dates in the CERT and Production environments will be announced in a future message. For details on the data requirements for entry filing relating to the FSVP regulation, please review CBP’s Cargo Systems Messaging Service message CSMS #17-000314 on CBP’s website at https://content.govdelivery.com/accounts/USDHSCBP/bulletins/19e839a and the FDA Supplemental Guide for the Automated Commercial Environment. For questions about the FSVP requirement for FSVP importers to ensure that their name, email address, and DUNS number are provided for each line entry of food offered for entry into the United States, please contact FDA’s Division of Import Operations via email at FDAImportsInquiry@fda.hhs.gov. For technical questions related to the FSVP regulation, please contact the FSMA Technical Assistance Network (TAN) at FSMA TAN to submit your questions electronically. Read the CSMS Here. |
| Initiation of AD and CVD Investigations: White Grape Juice Concentrate from Argentina On April 20, 2022, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty investigations on “White Grape Juice Concentrate from Argentina” (Initiation Notices). These investigations have been assigned the following case numbers: A-357-825 and C-357-826. The Scope of Merchandise covered by these investigations reads as follows: The scope of these investigations cover white grape juice concentrate with a Brix level of 65 to 68, whether in frozen or non-frozen forms. White grape juice concentrate is concentrated grape juice produced from grapes of the Vitis vinifera L. species with a white flesh, including fresh market table grapes and raisin grapes (e.g., Thompson Seedless), as well as several varietals of wine grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard, etc.). The scope of these investigations cover white grape juice concentrate regardless of whether it has been certified as kosher, organic, or organic kosher. The white grape juice concentrate subject to these investigations consists of 100 percent grape juice with no other types of juice intermixed and no additional sugars or additives included. The scope does not cover white grape juice concentrate produced from grapes of the Vitis labrusca species (e.g., Niagara). The products covered by these investigations are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive. Requirements For Submitting Comments On The Scope Of The Investigations: Please be sure to comply with all three requirements established [within the CSMS]. READ THE CSMS FOR ALL INFORMATION Read the CSMS Here. New Aluminum Import Monitoring (AIM) Requirements Beginning June 29, 2022, U.S. Commerce Department (Commerce) Aluminum Import licensing applications will require both fields of “country of largest smelt” and “country of second largest smelt.” Commerce defines the field for the country of smelt for the largest (and second largest) volume of primary aluminum as the country where the largest volume of new aluminum metal is produced from alumina (refined aluminum oxide) by the electrolytic Hall-Héroult process. Based on public comments in response to the preliminary rule, it was determined that importers/brokers would need time to gather required information for the countries of smelt and a grace period was granted for these fields; importers were permitted to indicate “unknown” for one year upon implementation of the regulations. Commerce extended the temporary period to allow for license applicants to state “unknown” in the fields for country(ies) of smelt for the largest and second largest volume of primary aluminum until June 28, 2022. Commerce will begin requiring the requested information for these fields for license applications on or after June 29, 2022, meaning that filers may no longer state “unknown” for these fields after that date. For more information, please visit the Aluminum Import Monitoring (AIM) website at: Aluminum (trade.gov) and the Getting Started with AIM page (including the production process) or contact the aluminum licensing office at aluminum.license@trade.gov Read the CSMS Here. |
| ACE Cargo Release CATAIR An updated ACE Cargo Release CATAIR chapter is now available on CBP.gov. An update was made to the Table of Contents. The updated document can be found at the following link: https://www.cbp.gov/document/guidance/ace-catair-cargo-release-chapter Read the CSMS Here. Draft ACE Cargo Release CATAIR An updated Draft ACE Cargo Release CATAIR chapter is now available on CBP.gov. An update was made to the Table of Contents. The updated document can be found at the following link: https://www.cbp.gov/document/guidance/draft-ace-cargo-release-implementation-guide Read the CSMS Here. |
| NMFS Certification of Admissibility for Designated Fish Products from Mexico Under the Marine Mammal Protection Act, the U.S. National Marine Fisheries Service (NMFS) has imposed import restrictions on designated fish products caught in certain Mexican fisheries operating in the Upper Gulf of California. These trade restrictions were imposed to protect the vaquita, a species of porpoise endemic to the northern part of the Gulf of California. Information on the embargo and entry requirements for the designated fish products originating in Mexico is posted on the NMFS website: https://www.fisheries.noaa.gov//foreign/marine-mammal-protection/seafood-import-restrictions Shipments filed under the listed HTS codes are eligible for entry only if accompanied by Certification of Admissibility (COA). A revised form has been posted to the NMFS website with an expiration date of May 31, 2022. Mexican authorities have been notified that this form should be used for fish landed in Mexican ports beginning May 1, 2022. Entries from Mexico under the designated HTS codes that are not accompanied by the COA are inadmissible. Read the CSMS Here. |
| Check Out This Week’s Customs Bulletin! This update includes: CBP Decisions Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders General Notices Procedures for Debarring Vessels From Entering U.S. Ports Modification of One Ruling Letter and Revocation of Treatment Relating to the Tariff Classification of Belts Revocation of One Ruling Letter, Modification of One Ruling Letter, and Revocation of Treatment Relating to the Tariff Classification of Mechanically Adjustable Bed Base Proposed Modification of 15 Ruling Letters and the Revocation of Treatment Relating to the Applicability of Subheading 9817.00.96, HTSUS to Certain Footwear Products for Men and Women U.S. Court of International Trade Slip Opinions Red Sun Farms, Plaintiff-Appellant v. United States, Florida Tomato Exchange, Defendants-AppelleesRed Sun Farms, Plaintiff-Appellant v. United States, Florida Tomato Exchange, Defendants-Appellees Confederacion de Asociaciones Agricolas del Estado de Sinaloa, A.C., Consejo Agricola De Baja California, A.C., Asociacion Mexicana de Horticultura Protegida, A.C., Asociacion de Productores de Hortalizas del Yaqui y Mayo, Sistema Producto Tomate, Plaintiffs-Appellants v. United States, Florida Tomato Exchange, Defendants-Appellees Bioparques de Occidente, S.A. de C.V., Agricola La Primavera, S.A. de C.V., Kaliroy Fresh LLC, Plaintiffs-Appellants v. United States, Florida Tomato Exchange, Defendants-Appellees Risen Energy Co., Ltd., Plaintiff, and Trina Solar Energy Co., Ltd. et al., Consolidated Plaintiffs, and Shanghai BYD Co., Ltd. et al., Plaintiff-Intervenors, v. United States, Defendant, and Sunpower Manufacturing Oregon, LLC, Defendant-Intervenor and Consolidated Defendant-Intervenor |
