CBP Issues Version 3 of its Interim Processing Instructions for Imported Food Subject to the BTA (Phase 5)

Now 19 pages in length (from 30 pages), version 3 of CBP's interim guidance reflects the following changes associated with Phase 5 of the PN enforcement plan (partial list):

PN enforcement guidelines for November 1, 2004 and thereafter. CBP has added a section on PN enforcement guidelines for November 1, 2004 and thereafter, which states: Failure to provide PN will result in refusal of shipment and/or penalty. FDA determination that PN is inadequate will also result in refusal of merchandise. ¹

All shipments of imported food that violate the PN reporting requirements will be either held at the port of arrival or sent to a secure facility until they can be brought into full compliance or are exported from the U.S. with CBP approval. In addition, penalties may be issued for egregious violators.

(CBP has also removed the PN Enforcement Guidelines previously contained in this guidance for Phases 1 through 4. Much of this Guidance document's 11-page decrease stems from the removal of guidance applicable to Phases 1 through 4.)

Instructions for inadequate PN. The information contained under the "VII. Instructions for Inadequate PN" heading has been revised, by, among other things, adding information under the "Shipment Retained Within Port of Arrival" section, adding a section entitled "Verification of Facility Status", and adding a section entitled "Monitoring Shipments Sent to Secure Facilities." In addition, CBP has deleted text concerning abandoned shipments, and collection and destruction of various types of abandoned shipments.

Entry processing procedures. The information contained under the "II. Entry Processing Procedures" heading has been revised by, among other things, adding revised paragraphs on: ABI processing procedures, non-ABI processing procedures, and CBP 7501.

ACS functionality and messaging. The section entitled 'ACS Functionality and Messaging' has undergone the following changes: the paragraph concerning downtime policy has been revised; new paragraphs concerning "pen & ink changes," ABI LN Bill of Lading Corrections, and "On Screen Changes" have been added. The paragraph on 'BTA hold messages' has been deleted from the updated Guidance and a bullet-point stating "New ACS Function Codes" has also been removed.

Land Border PN timeframes now include shipments arriving by ferry or contained in certain other conveyances. The following sentence has been added to the land border timeframes guidance: Shipments arriving by ferry, contained in another conveyance (e.g.: truck, rail car, etc.), must meet land border reporting requirements for mode of travel.

BTA-regulated importations. The list of importations to which the PN requirements of the BTA apply have been amended to include "imported food and trade items." In addition, CBP has removed "imported food, used as gifts, trade items, and quality assurance/control samples."

BTA PN Exemptions. The list of classes of food products that FDA has exempted from PN reporting requirements now include the following additions: food contained in household goods, samples of food for non-consumption, food (as a gift) from an individual to an individual.

Etc.

¹ Note that Phase 5 was rescheduled to begin on November 8, 2004 (it was originally scheduled to begin on November 1, 2004).

BP is checking with CBP sources as the phrase "imported food and trade items" does not appear to be entirely clear.

(See ITT's Online Archives or 12/17/03 news, 03121705, for BP summary of Version 2 of this Guidance.)

CBP's Interim BTA Procedures for Trade Partners (Updated October 2004) available athttp://www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/bioterrorism/bta_trade_guidance.ctt/bta_trade_procedures.doc

BP Note

The noted changes come from comparing Version 3 of the Interim Processing Instructions with the earlier Version 2, as CBP did not identify the changes contained or reflected in Version 3.