CSMS Message: 19-000067

The National Oceanic and Atmospheric Administration (NOAA) published a notice 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, 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” signed by a duly authorized Official of the Mexican Government.

Beginning on October 15, 2018, National Marine Fisheries Service (NMFS) requirements for the import of shrimp, fish and fish products of Mexican Origin must be accompanied with the “Certification of Admissibility” (OMB 0648-0651) identifying that the imported commodity was not harvested using gillnets in the Upper Gulf of California, Mexico. The Certification of Admissibility must contain a valid signature from one of the Officials Designated by the Government of Mexico. The list of Officials Designated by the Government of Mexico authorized to sign the Certification of Admissibility has been updated as of February 4, 2019 (see link below).

Fish and fish products originating from Mexico filed under tariff codes as posted on the NOAA National Mammal Protection, Seafood Import Restrictions website (see link below) must be accompanied with a valid Certification of Admissibility to meet NMFS import requirements. Disclaimed commodities may only be for processed fish products filed under the HTS codes 2309.90 or 2309.10, or HTS code 0511.99.3060. On February 9, 2019, an updated tariff list has been posted on the NOAA website (see link below) that require a valid Certification of Admissibility for fish and fish products of Mexican origin.

-Officials Designated by the Government of Mexico to Validate the U.S. Certification of Admissibility: https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions

-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://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions

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

Referenced By

CSMS #19-000183