CSMS Message: 18-000555

Title:Import Restrictions on Certain Mexican Fish and Fish Products
Date:2018-09-21
To:abi,acep,edi,partner
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Update: Immediate Import Restrictions on Fish and Fish Products from Mexico Caught with Gillnets

This CSMS replaces and supersedes all previous related CSMS messages: 18-000482, 18-000483, 18-000484, 18-000502

This CSMS is an update in response to the notification published by the National Oceanic and Atmospheric Administration (NOAA) in the Federal Register on August 28, 2018, entitled “Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products from Mexico” (83 FR 43796). A United States Court of International Trade (CIT) order (Slip-Op 18-92) imposed immediate import restrictions on fish and fish products of Mexican origin caught with gillnets deployed in the native geographic range of the critically endangered Vaquita porpoise, which is listed under the U.S. Endangered Species Act. Under the August 14, 2018 court order, an import ban was placed on certain fish and fish products from Mexico (chano, sierra, curvina, shrimp) that were caught with gillnets deployed in the Northern Gulf of California. To implement the court order, NOAA mandates that imports of shrimp, fish and fish products of Mexican origin that are entered under designated HTS codes must be accompanied by “Certification of Admissibility”.

An interim process provides trade a sufficient transition period to comply with the newly instituted entry documentation procedures. Currently, entries of listed HTS regulated commodities must be accompanied with either the “Importer Statement of Admissibility” signed by the importer or the “Certification of Admissibility” signed by a duly authorized official of the Mexican government. NOAA will continue to accept the “Importer Statement of Admissibility” until 11:59 pm on October 14, 2018. The statement/certification may be entered into ACE DIS using NMF23 code within the NMFS Message set, sent by e-mail or fax to the port of entry, or physically presented in hardcopy form to the appropriate CBP Port of Entry official for review. Beginning at 12:00 am on October 15, 2018, imports of shrimp, fish and fish products under the affected Harmonized Tariff Schedule (HTS) codes (see link below) must be accompanied by the “Certification of Admissibility” (OMB 0648-0651) signed by a duly authorized official of the Mexican government (see link below).

Certain fish from Mexico (chano, sierra, curvina, shrimp) caught with gillnets in the range of the Vaquita porpoise will be refused entry and no certification will make them admissible. Shrimp, fish and fish products not caught with a gillnet in the range of the Vaquita porpoise are admissible, but only if accompanied with certification documents at the time of the entry. Eligible entries from Mexico under the designated HTS codes must be accompanied by certification or the entire shipment will be denied entry.

- Currently through October 14,:
1.Certification of Admissibility
XOr
2.Importer Statement of Admissibility,

- Beginning on October 15, 2018 at 12:00 am:
1.Certification of Admissibility

- This procedure will continue until further notice.

For more information:
https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions

Federal Register Notice 83 FR 43792: https://www.federalregister.gov/documents/2018/08/28/2018-18628/implementation-of-import-restrictions-certification-of-admissibility-for-certain-fish-products-from

HTS codes prohibited entry into the United States from Mexico unless accompanied by a U.S. Importer of Record Certification: https://csms.cbp.gov/docs/23687_550050611/List_of_HTS_s.pdf

Certification of Admissibility and instructions may be found at: https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions

Attachments

Referenced By

CSMS #19-000047, 18-000595, 18-000584