May 2009 - Issue 36   

IN THIS ISSUE:

Federal Information on Swine Flu

Strengthening the Security of Containerized Cargo

New Requirements for Imports of Food Products Containing Small Amounts of Meat or Poultry

Toxic Substances Control Act information from EPA website

FDA Prior Notice



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Federal Information on Swine Flu

Currently, swine flu is an emerging health issue that is making headlines across the world. Depending on how it develops, information could be subject to rapid changes.

The CDC website will be the best source for updates:

http://www.cdc.gov/swineflu/
http://wwwn.cdc.gov/travel/

Additional information about flu-related travel issues can be found
on the State Department website: http://www.travel.state.gov/

At all times, the CDC and State Department sites are excellent resources for health and travel information.

Strengthening the Security of Containerized Cargo

Jayson P. Ahern, Acting Commissioner, U.S. Customs and Border Protection, testified on April 1 before the Committee on Appropriations and Subcommittee on Homeland Security on strengthening the security of containerized cargo.

He discussed how CBP continues to refine its risk-based and layered approach in building more secure and efficient borders that facilitate legitimate trade and travel.

"CBP uses a multi-layered approach to ensure the integrity of the supply chain from the point of stuffing through arrival at a U.S. port of entry. This multi-layered approach includes:
  • Advanced information under the 24-Hour Rule and Trade Act of 2002 (supplemented now by our Importer Security Filing requirements)
  • Screening the information through the Automated Targeting System (ATS) and National Targeting Center - Cargo (NTC-C)
  • Partnerships with industry and the private sector such as the Customs Trade Partnership Against Terrorism (C-TPAT)
  • Partnerships with foreign governments, such as the Container Security Initiative (CSI) and the Secure Freight Initiative (SFI)
  • Use of Non-Intrusive Inspection (NII) technology and mandatory exams for all high risk shipments. The goal of this layered approach is to combine each of these systems to allow us to receive, process, and act upon commercial information in a timely manner so that we can target, in a very specific fashion, the suspect shipments without hindering the movement of commerce through our ports."

The full speech can be found by visiting the following link:
http://www.cbp.gov/xp/cgov/newsroom/congressional_test/strong_security.xml

New Requirements for Imports of Food Products Containing Small Amounts of Meat or Poultry

On March 31, 2009, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) issued an "Importer/Broker" letter to clarify the import permit process for USDA Food Safety Inspection Service (FSIS) - exempted food products containing small amounts (less than two percent) of meat and/or poultry ingredients. This letter can be found on the following APHIS webpage: http://www.aphis.usda.gov/import_export/animals/
animal_import/animal_imports_anproducts.shtml


Beginning on June 22, 2009, a USDA import permit will now be required for all FSIS-exempted food products containing small amounts of meat and/or poultry ingredients. Products such as bouillon cubes, extracts, and soup mixes, which have previously gained entry solely under a health certificate indicating product being concentrated by boiling, will now also require a USDA import permit.

Additional information may also be found at the following FSIS website:
http://www.fsis.usda.gov/Regulations_&_Policies/Imported_Food_Products/index.asp

The full article can be found on Customs website:
http://www.cbp.gov/xp/cgov/trade/trade_programs/agriculture/meat_poultry_regs.xml

Toxic Substances Control Act information from EPA website

http://www.epa.gov/oppt/import-export/

"This Web site provides general information on requirements under the Toxic Substances Control Act (TSCA) for persons who import and/or export chemical substances into and out of the United States. Various legal requirements under TSCA and associated implementing regulations can apply to a wide range of chemical substances and can impact importers and exporters."

The site includes:
  • Basic information
  • TSCA Section 13 Import Certification Requirements
  • TSCA Section 12(b) Export Notice Requirements
  • TSCA Section 5-Related Import and Export Requirements
  • Section 4 Testing and Section 8 Information Reporting
  • PCBs, asbestos, lead and other specific chemicals
  • Information on import and export requirements under EPA programs other than TSCA


FDA Prior Notice

Enforcement of the amended "Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002" as published in the Federal Register on Nov 7, 2007, is scheduled to commence on May 6.

Prior Notice information must be submitted and confirmed electronically as facially complete by the FDA for review no less than 8 hours (for food arriving by water), 4 hours (for food arriving by air or land/rail), and 2 hours (for food arriving by land/road) before the food arrives at the port of arrival. Food imported or offered for import without adequate prior notice is subject to refusal and, if refused, must be held.

FDA notes in its basic information that, "Anyone with knowledge of the required information may submit a Prior Notice through the FDA Prior Notice System Interface." If an importer sends the information to the FDA, it is imperative that the confirmation received back from the FDA is forwarded to Customs when information is filed in order to obtain Customs clearance of the shipment.

The link to a "small entity compliance guide" is included on the "prior notice" page on FDA's website: http://www.cfsan.fda.gov/~pn/pnoview.html


If you have any questions or comments regarding the Compliance eNewsletter,
please contact Paul Codere from the Customs Brokerage Department.
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