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Compliance Dates for the Final Rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals - U.S. Customs & Border Protection
The following compliance dates are grouped according to the category of FSVP importer. This list does not include importers that are themselves a manufacturer or processor subject to the supply-chain program provisions in the PC rules. If importers are subject to the supply-chain program requirements in those rules, the compliance date for FSVP is the later of the applicable date in the below list or the date by which the importer is required to comply with the PC supply-chain program provisions.
1. FSVP importer whose foreign supplier is not subject to the PC or produce safety rules: May 30, 2017
2. FSVP importer whose foreign supplier is required to comply with the PC rule for human food. Compliance dates when foreign suppliers are in these categories: ◦Small businesses as defined in 21 CFR 117.3: March 19, 2018
- Qualified Facilities (including Very Small Businesses) as defined in 21 CFR 117.3: March 18, 2019
- Suppliers subject to the Pasteurized Milk Ordinance: March 18, 2019
- “All Other” Businesses Suppliers: May 30, 2017
3. FSVP importer of animal food whose foreign supplier is subject to the current good manufacturing practices (“CGMP”) requirements in subpart B of 21 CFR part 507 in the PC rule for animal food. Compliance dates when foreign suppliers are in these categories: ◦Small Businesses as defined in 21 CFR 507.3: March 19, 2018
- Qualified Facilities (including Very Small Businesses) as defined in 21 CFR 507.3: March 18, 2019
- “All Other” Businesses: May 30, 2017
4. FSVP importer whose foreign supplier is required to comply with the animal food preventive controls requirements in subpart C of part 507 of the PC rule for animal food, but that is not required to comply with the CGMP requirements in subpart B of 21 CFR part 507. Compliance dates when foreign suppliers are in these categories: ◦Small Businesses as defined in 21 CFR 507: March 18, 2019
- Qualified Facilities (including Very Small Businesses) as defined in 21 CFR 507.3: March 17, 2020
- “All Other” Businesses: March 19, 2018
5. FSVP importer whose foreign supplier is required to comply with the produce safety rule, except for the requirements applicable to sprouts in subpart M of 21 CFR part 112. Compliance dates when foreign suppliers are in these categories: ◦Small Businesses as defined in 21 CFR 112.3: July 29, 2019
- Very Small Businesses as defined in as defined in 21 CFR 112.3: July 27, 2020
- “All Other” Businesses: July 26, 2018
6. FSVP importer whose foreign supplier is required to comply with the requirements in the produce safety rule applicable to sprouts in subpart M of 21 CFR part 112. Compliance dates when foreign suppliers are in these categories: ◦Small Businesses as defined in 21 CFR 112.3: July 26, 2018
- Very Small Businesses as defined in 21 CFR 112.3: July 29, 2019
- “All Other” Businesses: July 26, 2017
7. FSVP importer whose foreign supplier is subject to the produce safety rule and eligible for a qualified exemption (other than when the foreign supplier is a farm producing sprouts). Compliance dates when foreign suppliers are in these categories: ◦Small Businesses as defined in21 CFR 112.3: July 29, 2019
- Very Small Businesses as defined in 21 CFR 112.3: July 27, 2020
8. FSVP importer whose foreign supplier is a farm producing sprouts that is eligible for a qualified exemption under the produce safety rule. Compliance dates when foreign suppliers are in these categories: ◦Small Businesses as defined in21 CFR 112.3: July 26, 2018
05/10/2017 – Determination to Approve CAFTA-DR Commercial Availability Request Certain Two-Way Stretch Polyester/Rayon/Spandex Twill Weave Fabric: 209.2017.04.03.Fabric.ST&RforMedline
05/05/2017 – March 2017 Textile and Apparel Import Report
FTA Origination Analysis and Certification when no Tariff Change Rule (TCR) - U.S. Customs & Border Protection
Manufacturers, exporters and importers are advised that a very limited number of tariff items in the Harmonized Tariff Schedule of the United States (HTSUS) do not have corresponding free trade agreement (FTA) tariff change rules (TCRs) (also known as “product specific rules of origin” or by the acronym “PSRs”) because they were negotiated using a Harmonized Tariff Schedule (HTS) that was subsequently modified in 2007, 2012, or 2017, and the corresponding TCRs have not been implemented.
The following table shows the up-to-date/out-of-date status of the TCRs for each FTA: SEE ATTACHED DOCUMENT
Until revised TCRs are implemented, manufacturers/exporters/importers of affected goods seeking to perform a tariff-shift origination analysis should classify the good and its materials using the most recent HTSUS in which the tariff item has a corresponding TCR and perform the origination analysis using that year’s HTSUS.
Until revised TCRs are implemented, the certificate of origin, ideally, should indicate both the current HTSUS number and the previously corresponding HTSUS number used to perform the origination analysis in parenthesis and with wording to that effect.
For example, beneath the description of the good in block 5 of the CO, the statement “(Origination analysis performed using HTSUS xxxx.xx.xxxx (20XX) since no TCR for item number yyyy.yy.yyyy in 2017 HTSUS.)” [Replace placeholders with the appropriate numbers/dates]. The CO could look something like this: “Origination analysis performed using HTSUS xxxx.xx.xxxx (2016) since no TRC for item number yyyy.yy.yyyy in 2017 HTSUS”
This issue was previously addressed with respect to the 2007 and 2012 HTSUS in CSMS #13-000368 (found at the link below):
https://apps.cbp.gov/csms/viewmssg.asp?Recid=19504&page=&srch_argv=%2213-000368%22&srchtype=&btype=&sortby=&sby=
See H026740 (http://rulings.cbp.gov/index.asp?ru=h026740&qu=h026740&vw=detail) and H074136 (http://rulings.cbp.gov/index.asp?ru=h074136&qu=h074136&vw=detail) for rulings employing a previous year’s HTSUS to perform the TCR analysis.
Current and previous iterations of the HTSUS, with their corresponding TCRs, are available from the USITC website at https://hts.usitc.gov/view/list
Certificates of Origin following these instructions will remain valid even after the corresponding TCRs have been updated.
Questions with respect to these instructions should be directed to the Trade Agreements Branch at fta@dhs.gov
Attachment(s): FTA_Origination_Analysis_and_Certification.pdf
Atlanta CBP Beagle “Murray” Intercepts Fruit, Peppers, Beef and More - U.S. Customs & Border Protection
ATLANTA – U.S. Customs and Border Protection (CBP) agriculture specialists and canine “Murray” at Hartsfield-Jackson Atlanta International Airport (ATL) teamed up to intercept more than 46 pounds of exotic fruit, peppers and beef found in checked bags last week.
CBP agriculture specialists working with Murray, CBP’s newest “Beagle Brigade” canine member, alerted to suitcases belonging to travelers who arrived on different flights from Ecuador and Peru. During the secondary inspection, agriculture specialist found potatoes, chili peppers, tomatoes, banana passion fruits, yellow Dragon fruits and beef. All food items are agriculture products prohibited in passenger baggage.
“Customs and Border Protection’s agriculture inspection and protection mission is a critical trade enforcement priority,” said Carey Davis, CBP Port Director for the Area Port of Atlanta. “CBP’s agriculture specialists and our Beagle Brigade work side by side to detect and intercept prohibited food items, invasive weed seeds and insects, and plant and animal diseases that pose a significant threat to U.S. agricultural industries and our nation’s economy.”
CBP canine Murray, who sniffed out the prohibited items is the newest member to join the CBP agriculture mission at ATL airport where on average, nearly fifteen thousand international travelers a day are processed. Alcovy Pet Rescue of nearby Winder, Ga., donated Murray, a 3-year-old beagle, to CBP. He recently graduated from the National Detector Dog Training Center prior to his duties at the airport.
The seized food products were destroyed and the travelers were not penalized as they declared the agriculture products to CBP.
Travelers can check the general admissibility of fruits and vegetables by consulting the Animal and Plant Health Inspection Service (APHIS) or the Fruits and Vegetables Import Requirements (FAVIR) database.
CBP also provides information on the importation of plants and plant products.
On a typical day in fiscal year 2016, CBP agriculture specialists discovered 404 pests at U.S. ports of entry and 4,638 materials for quarantine
Bumble Bee Agrees to Plead Guilty to Price Fixing - Department of Justice
Bumble Bee Foods LLC has agreed to plead guilty for its role in a conspiracy to fix the prices of shelf-stable tuna fish, such as canned and pouch tuna, sold in the United States, the Department of Justice announced.
According to a one-count felony charge filed today in the U.S. District Court for the Northern District of California in San Francisco, Bumble Bee and its co-conspirators agreed to fix the prices of shelf-stable tuna fish from as early as the first quarter of 2011 through at least as late as the fourth quarter of 2013. In addition to agreeing to plead guilty, Bumble Bee has agreed to pay a $25 million criminal fine, which will increase to a maximum criminal fine of $81.5 million, payable by a related entity, in the event of a sale of Bumble Bee subject to certain terms and conditions. Bumble Bee has also agreed to cooperate with the Antitrust Division’s ongoing investigation. The plea agreement is subject to court approval.
“Today’s charge is the third to be filed – and the first to be filed against a corporate defendant – in the Antitrust Division’s ongoing investigation into price fixing among some of the largest suppliers of packaged seafood,” said Acting Assistant Attorney General Andrew Finch of the Justice Department’s Antitrust Division. “The division, along with our law enforcement colleagues, will continue to hold these companies and their executives accountable for conduct that targeted a staple in American households.”
“We echo the Department of Justice Antitrust Division's sentiment,” said Special Agent in Charge John F. Bennett of the FBI’s San Francisco Division. “Companies small and large hold a great deal of the American peoples’ trust and this type of unfair, greedy behavior will not be tolerated.”
Today’s charge is the result of an ongoing federal antitrust investigation into the packaged seafood industry, which is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Field Office. Anyone with information on price fixing, bid rigging or other anticompetitive conduct related to the packaged seafood industry should contact the Antitrust Division’s Citizen Complaint Center at (888) 647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI tip line at (415) 553-7400.
Pearl Parties – What You Need to Know - U.S. Fish & Wildlife Service
Background:
Online “pearl parties” are trending now with several direct marketing companies recruiting independent consultants as a new business venture. Oyster shells are opened online “live” to reveal a pearl that can be made into jewelry. There are a few things to know about oysters before undertaking this commercial activity.
- Oysters used in a pearl party typically originate from a foreign country, and thus are considered imports.
- Imports of oysters used in a pearl party are considered wildlife (even if the animals are ‘farmed’) and are regulated by the U.S. Fish and Wildlife Service (Service).
- Importing oysters used in a pearl party as a business venture is considered a commercial activity and requires an Import/Export License from the Service prior to the first shipment arriving in the U.S.
- Import/Export Licenses cost $100 and are valid for one year from the date of issuance.
- Each shipment of oysters imported is required to enter the U.S. through a Service designated port, unless otherwise authorized by the Service.
- Shipments of oysters imported to be used in a pearl party must be declared to the Service.
- Each commercial shipment of oysters imported to be used in a pearl party requires the importer to pay user fees; $93 per shipment minimum.
- If you have any questions, you can contact the closest Wildlife Inspection Office.
Action:
Importers bringing in shipments of oysters into the U.S. without a valid Import/Export License and/or not declared are subject to enforcement action by the Service, including seizure of goods and possible monetary penalties.
New FTC Website Helps Small Businesses Avoid Scams and Cyber Attacks - Federal Trade Commission
At the direction of Acting Chairman Maureen Ohlhausen, the Federal Trade Commission has launched a new website – ftc.gov/SmallBusiness – with articles, videos, and other information aimed at helping small business owners avoid scams and protect their computers and networks from cyberattacks and other threats.
“Small businesses are critical to our economic strength, building America's future, and helping the United States compete in today's global marketplace,” Acting Chairman Ohlhausen said. “This innovative new website is a one-stop shop where small businesses can find information to protect themselves from scammers and hackers, as well as resources they can use if they are hit with a cyberattack.”
According to the U.S.Small Business Administration (SBA), there are more than 28 million small businesses nationwide, employing nearly 57 million people. Scammers frequently target small businesses with deceptive tactics designed to get them to pay for supplies they didn’t order, donate to fake charities or trick them into giving access to their network or downloading malware that can corrupt their business’s computers.
Cyberattacks can be particularly devastating to small businesses, and many of them lack the resources that larger companies have to devote to cybersecurity. Symantec Corp.’s 2016 Internet Security Threat Report(link is external) indicates the percentage of spear-phishing attacks targeting small business rose dramatically from 18 percent to 43 percent between 2011 and 2015.
The FTC’s new web page offers specific information to help small businesses protect their networks and their customer data. This includes a new Small Business Computer Security Basics guide, which shares computer security basics to help companies protect their files and devices, train employees to think twice before sharing the business’s account information, and keep their wireless network protected, as well as how to respond to a data breach. It also has information on other cyber threats such as ransomware and phishing schemes targeting small businesses. The FTC is continuing to work with the SBA on additional ways to help small businesses.
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