Published September 30, 2014 by

APHIS and White House Policy For Achieving Regulatory Ends

International Trade Community should pay close attention to seemingly vague but very important documents to which administrative agencies must adhere.  Animal and Plant Health Inspection Service of United States Department of Agriculture (APHIS) yesterday’s bulletin notice is one such reminder.  Since Customs and Border Protection (CBP) works very closely with APHIS, these policies should have direct influence on CBP decision-making process also.  On the surface, APHIS bulletin notice – Alternatives to Rulemaking – calls APHIS to adopt a practice that CBP has established for sometime under its ruling system.  I invite readers to dive a little deeper into APHIS publication and make it part of a professional toolbox. When administrative agency takes regulatory action – such as liquidation of entry with increased duties by CBP – the affected party may need more time to rebut CBP’s determination.  At the same time, that party may not prefer to resolve this issue at post-liquidation stage (e.g. protest, litigation).  While regulatory framework provides for extension of time for liquidation at importer’s request, importer is required to demonstrate “good cause.”  Notion of “good cause” revolves around facts (usually case specific).  APHIS Alternatives to Rulemaking article is a friendly reminder that “good cause” can also…

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U.S. Federal Agencies

Animal and Plant Inspection Service Customs and Border Protection United States Department of Agriculture

Published April 19, 2012 by

Labeling Food “Organic”

“Organic” is a popular term.  It is associated with a healthy diet and lifestyle.  Quite often, it is also a reason to charge and pay higher prices for the organic labeled products.  Many consumers take trust in the label without further inquiry on what it actually means.  That trust is reinforced by the government label of the United States Department of Agriculture: “USDA Organic.”  Since one branch of the federal government – USDA – put its reputation on the line, it may be useful to pick up on the phrase coined by the former U.S. government leader Mr. Reagan: “trust but verify.”  The verification deals with a simple question: how much non-organic (if any) stuff can a producer get away with, and still lawfully label his product “USDA Organic”?  The question itself is quite practical.  Bad economy and raised consumer expectations, fueled by retail food chain price pressures, put food producers in a tough spot.  On one hand, producers would like to make “USDA Organic” label as a part of their goods.  While on the other hand, some “USDA Organic” operations are cost prohibitive.  Therefore, food producer needs to be keenly aware how to remain profitably organic in the least expensive way. The inquiry concerns the regulator.  USDA’s…

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Product Regulation Trade Agreements U.S. Federal Agencies

Agricultural Marketing Service Food Products Labeling & Marking United States Department of Agriculture

Published December 27, 2011 by

Useful Links: United States Department of Agriculture

Animal and Plant Health Inspection Service Plant and Plant Product Permits Veterinary Services, National Center for Import and Export Foreign Agricultural Service General Sales Manager Online System Global Agricultural Trade System Food Safety Inspection Service Foreign establishments certified to export meat, poultry and egg products to the United States FSIS Jurisdiction Over Flavor Products Containing Meat or Poultry Regulations and Policies Agricultural Marketing Service Country of Origin Labeling (COOL) 

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Product Regulation U.S. Federal Agencies Useful Links

Agricultural Marketing Service Animal and Plant Inspection Service Food Safety Inspection Service Foreign Agricultural Service United States Department of Agriculture

Published December 21, 2011 by

Likely Encounters with Agricultural Marketing Service

Agricultural Marketing Service (AMS) is the subdivision of the United States Department of Agriculture.  If the importer brought apparel or textiles made from cotton, it is likely that the importer was asked to pay a cotton fee.  It may make the importer feel better about paying a cotton fee if that importer is aware about regulatory background of the charge. Importers of cotton products are assessed a cotton fee as per Cotton Research and Promotion Act as outlined in 7 CFR 1205. The specific dollar amount to be assessed is determined by the HTS number and is addressed in 7 CFR 1205.510 (7 CFR 1205.510, Revised as of January 1, 2005).  The assessment on imported cotton is $0.00862 (subject to change) per kilogram of imported cotton (multiple of conversion factor). For details refer to the Federal Register notice 68 FR 27898-27903 (May 22, 2003).  The home of AMS’s cotton program is here. Yet, another encounter possibility is the AMS COOL program.  The program provides for labeling requirements of: muscle cut and ground meats (beef, veal, pork, lamb, goat, and chicken); wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; peanuts, pecans, and macadamia nuts; and ginseng.  The…

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Product Regulation U.S. Federal Agencies

Agricultural Marketing Service Food Products United States Department of Agriculture

Published April 2, 2010 by

Importation of meat for personal consumption

As an international traveler, I wonder if one can bring some beef purchased from the corner butcher shop in the old country? Correct answer – depends on the agriculture inspector at the port of entry. Politically correct answer – probably not. FSIS Recent directive “IMPORTATION OF PRODUCTS FOR OTHER THAN COMMERCIAL PURPOSES” states that FSIS regulations allow three classes of products covered by the FMIA, PPIA, or EPIA to be imported from any country without meeting all FSIS requirements. These product classes are (1) products for personal consumption; (2) products for laboratory examination, research, evaluative testing, or trade show exhibition; and (3) shipments destined for sale in foreign commissaries located in the United States. FSIS’s regulations, 9 CFR 327.16 would allow a person to bring a 50 lb case of meat from the old country: “Any product in a quantity of 50 pounds or less which was purchased by the importer outside the United States for his/her own consumption, is eligible to be imported into the United States from any country without compliance with the provisions in other sections of this part but subject to applicable requirements under other laws, including the regulations in part 94 of this title. However,…

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Product Regulation U.S. Federal Agencies

Animal and Plant Inspection Service Food Products Food Safety Inspection Service United States Department of Agriculture

Published September 10, 2009 by

Quotas

CBP “updates” to its website that came this August do not bring much new. There is still work to be done for “Other Agencies” section, for example, that does not list upland cotton program administered by USDA’s AMS Cotton Division. Of some value, one may find CBP contact information with respect to quotas (202-863-6560; hq.quota@dhs.gov). Tariff Schedule, it seems, remains the most reliable guidance for quota applications. Relevant links: Commodities Subject to Import Quotas; Quotas Administered by Other Agencies; Are My Goods Subject to Quota?; Quota Administration

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Product Regulation U.S. Federal Agencies

Agricultural Marketing Service Customs and Border Protection Quota Textile & Apparel Products United States Department of Agriculture

Published July 1, 2009 by

Food products with less than two percent of meat / poultry ingredients: bouillon cubes, extracts, and soup mixes, etc.

It appears that jurisdictional issues regarding dry “chicken” soup mixes and like products cause much confusion not only among importers, but also within government circles. The “clarification” that went out is the second attempt to figure out who is responsible for what. About two years ago, Veterinary Services (VS) published 2% rule “clarification” that talked about this very issue, which has now been removed. It seems that following is the most substantive statement of the clarification: “Beginning on June 22, 2009, importers of food products that contain small amounts of meat or poultry will not be granted an import permit by the USDA Animal and Plant Health Inspection Service (APHIS) unless a determination is first made by FSIS that the meat, poultry, or egg product ingredient was prepared under specific conditions that will ensure that these ingredients are not adulterated. Once the determination has been made, food products that contain only a small amount of a meat, poultry, or egg product ingredient are no longer subject to the jurisdiction of FSIS and are then subject to the jurisdiction of the Food and Drug Administration.” CBP echoes above clarification: “USDA import permit will now be required for FSIS-exempted food products containing…

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Product Regulation U.S. Federal Agencies

Animal and Plant Inspection Service Food and Drug Administration Food Products Food Safety Inspection Service United States Department of Agriculture

Published April 25, 2007 by

Pet Chews and Agriculture Specialists

To get rawhide, porkhide, or avian pet products into the United States, you have to deal with FDA, USDA, and CBP regulations. In addition to regular commercial and shipping documents you also need to provide veterinary certificate and NCIE import permit if pet chews are not plain. A lot can be said about the process, but the purpose of this article is to focus on CBP Agriculture process. Agriculture Specialists currently work under Department of Homeland Security, yet mostly deal with enforcement of regulatory statutes of the United States Department of Agriculture. When customs broker transmits an entry (for example using HTS 0511.99.2000), it goes on automatic hold and EDR (Entry Documents Required). Agriculture Specialist reviews the entry and then makes a decision (to release, to examine, to request further information). As a guidance for appropriate decision, Agriculture Specialists use the Animal Product Manual. Inspector in one of the ports provided a copy of the relevant page from this manual (see left image to your top right). Basically, it is a replication of USDA GUIDELINES FOR IMPORTATION #1119, only in a different format. Sometimes events do not turn out as planned. For example, foreign government veterinarian did not lists porcine…

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Product Regulation U.S. Federal Agencies

Animal Products Customs and Border Protection HTS Heading 0511 National Center for Import and Export United States Department of Agriculture