CSMS Message: 18-000584

Update: Update to Tariff Codes for the Import Restrictions on Fish and Fish Products from Mexico Caught with Gillnets

- The new tariff code is other than scaled Jack and Horse Mackerel - 030245000, replacing 0302454550.

- This CSMS replaces and supersedes all previous related CSMS messages: 18-000482, 18-000483, 18-000484, 18-000502, and 18-000555. This update is to supply the updated Tariff Code list as attached to this CSMS.

- 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 are 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, and 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 Harmonized Tariff Schedule (HTS) regulated commodities must be accompanied with either the “Importer Statement of Admissibility” or the “Certification of Admissibility” signed by a duly authorized official of the Mexican Government. NMFS will continue to accept the “Importer Statement of Admissibility” until 11:59 pm on October 14, 2018. Beginning at 12:00 am on October 15, 2018, imports of shrimp, fish and fish products under the affected HTS codes (see updated link below) must be accompanied by the “Certification of Admissibility” (OMB 0648-0651) signed by a duly authorized official of the Mexican government. The statement or certification may be uploaded into ACE DIS using code NMF23, physically presented in paper form, e-mail or fax to the appropriate CBP Port of Entry official for review.

- Certain fish from Mexico (chano, sierra, curvina, and shrimp) caught with gillnets in the range of the Vaquita porpoise will be refused entry and no certification will make them admissible. Fish, fish products and shrimp 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.

Beginning immediately through October 14, 11:59pm:
1. Certification of Admissibility
„X Or
2. 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: See attached HTS list

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

Attachments

• MMPA_UPDATED_HTS_Numbers.pdf
• Vaquita_Certifications_Update.pdf