NMFS Sets Certification Requirement for Seafood Imported From Mexico

The court-ordered ban applies to “importation from Mexico of all shrimp, curvina, sierra, and chano fish and their products” caught in the geographic range of the nearly extinct vaquita, a type of porpoise, NMFS said. Because the tariff schedule does not break out shrimp, curvina, sierra and chano caught using those methods in that geographic area, NMFS will apply the certification requirements to a “range of probable codes used for products subject to the trade restriction, as follows:

For imports under these tariff subheadings beginning Aug. 24, a certification must accompany inbound shipments from Mexico in order to obtain release. That certification must include a statement from the importer that says that, “to the best of my knowledge and belief, that the fish/fish products contained in this shipment are of species of fish or fish products, or from fisheries, not caught with gillnets deployed in the range of the vaquita, in the upper Gulf of California waters in Mexico” (see 1808150011). The certification requirement will remain in place until the Court of International Trade or a court of appeals lifts the preliminary injunction, NMFS said.

The HTS codes covered by the certification requirement “may be revised from time to time due to updates to the HTS by the International Trade Commission,” NMFS said. “Any such changes will be notified to the trade community in accordance with CBP’s notification procedures. In addition, NMFS and CBP will actively monitor the border operations of the trade restriction and the certification requirement in the initial weeks of implementation to determine if the list of affected HTS codes can be adjusted to further minimize disruption to trade while maintaining compliance with the court order,” NMFS said.