CSMS Message: 19-000183

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 Certification of Admissibility (OMB Form 0648-0651) with an expiration date of February 28, 2019 will be accepted until May 29, 2019 to provide time for the dissemination of the new OMB-approved Form. The list of Officials Designated by the Government of Mexico authorized to sign the Certification of Admissibility has been updated as of April 4, 2019 (see link below). The submission of the Certification of Admissibility may be done through electronic transfer into ACE DIS using DIS Code “NM23”, by email, fax, or in paper to the CBP port of entry. All import of shrimp, fish and fish products from Mexico without a valid Certification of Admissibility or valid disclaim for processed products will be refused entry. Disclaimed commodities may be exempt from the submission of the “Certification of Admissibility” if the commodity is a processed product and falls only under specified tariff codes (see disclaim process).

Disclaimer Process
Disclaimed commodities are exempted from the submission of the Certification of Admissibility only for processed commodities filed under HTS codes 2309.90 or 2309.10, or HTS code 0511.99.3060. The importer can make this disclaimer by submitting the statement “the commodity under HTS (list the applicable HTS code) does not contain shrimp or fish products” via ACE/DIS using code “NM23”, email, fax, or submitted in paper to the CBP port of entry. All regulated commodities not filed under the HTS codes 2309.90 or 2309.10, or HTS code 0511.99.3060 must provide the Certification of Admissibility to meet NMFS requirements.

• 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: 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