CSMS Message: 96-000883

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : OGA-SHRIMP EMBARGO CHANGES

DATE : 10/18/96

6288111
OCTOBER 15, 1996

RES-1-FO:TC:I:E LW

CATEGORY: RES

TO: ALL PORT AND AREA DIRECTORS OF CUSTOMS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: SHRIMP TRADE EMBARGO/IMPLEMENTATION CHANGES

PASS TO: ALL NATIONAL IMPORT SPECIALISTS, IMPORT SPECIALISTS,
ENTRY OFFICERS, INSPECTORS, FP AND F OFFICERS AND
IMPORTER AND BROKER ASSOCIATIONS

WE REFER TO OUR PREVIOUS EMAIL MESSAGE 6121111, DATED MAY 1,
1996, RELATING TO THE SHRIMP TRADE EMBARGO CURRENTLY IN EFFECT.
ON OCTOBER 8, 1996, THE U.S. COURT OF INTERNATIONAL TRADE
DECIDED THAT SHRIMP HARVESTED IN THE WILD MAY NOT BE IMPORTED
INTO THE UNITED STATES UNLESS THE HARVESTING NATION IS CERTIFIED
UNDER THE U.S. "SEA TURTLE/SHRIMP" LAW (SECTION 609 OF P.L.
101-162). THAT LAW PROHIBITS THE IMPORTATION OF SHRIMP HARVESTED
IN WAYS HARMFUL TO SPECIES OF SEA TURTLES UNLESS THE DEPARTMENT
OF STATE CERTIFIES THAT THE HARVESTING NATION EITHER HAS A SEA
TURTLE PROTECTION PROGRAM COMPARABLE TO THAT OF THE UNITED
STATES OR HAS A FISHING ENVIRONMENT THAT DOES NOT POSE A THREAT
TO SEA TURTLES.

THE NEW COURT RULING PROHIBITS IMPORTATION OF ALL SHRIMP FROM
UNCERTIFIED COUNTRIES, EXCEPT FOR SHRIMP HARVESTED BY AQUA-
CULTURE. THUS, AQUACULTURE SHRIMP HARVESTED IN UNCERTIFIED
NATIONS MAY CONTINUE TO BE IMPORTED, ALONG WITH ALL SHRIMP
HARVESTED IN CERTIFIED COUNTRIES AND CERTAIN OTHER TEMPORARY
EXCEPTION IMPORTATIONS AS NOTED HEREIN.

ADDITIONAL INFORMATION:

1. ADDITIONAL COUNTRY CERTIFICATION

IN ADDITION TO THE THIRTY-SIX FOREIGN COUNTRIES WHICH HAVE
BEEN CERTIFIED UNDER THIS SHRIMP PROGRAM, HONDURAS SHOULD ALSO
BE ADDED TO THIS CERTIFIED COUNTRY LIST.

2. SHRIMP EXPORTED PRIOR TO MAY 1, 1996

OUR REFERENCED EMAIL MESSAGE OF MAY 1, 1996, STATED THAT THIS
SHRIMP EMBARGO APPLIES TO ALL IMPORTED SHRIMP AND SHRIMP PRODUCTS
EXPORTED FROM ANY FOREIGN COUNTRY (I.E., FOREIGN HARVESTING
COUNTRY) ON OR AFTER MAY 1, 1996. AS OF SEPTEMBER 1, 1996, ALL
IMPORTED SHRIMP AND SHRIMP PRODUCTS, REGARDLESS OF DATE OF THE
SHRIMP BEING HARVESTED IN THE FOREIGN COUNTRY, IS SUBJECT TO THE
REQUIREMENTS OF THIS SHRIMP EMBARGO PROGRAM.

DUE TO THE NEW COURT ORDER OF OCTOBER 8, 1996, THE DEPARTMENT OF
STATE HAS REQUESTED THAT CUSTOMS IMPLEMENT THE FOLLOWING OPERA-
TIONAL CHANGES TO THIS PROGRAM IMMEDIATELY.

ACTIONS:

1. SHRIMP EXPORTED FROM UNCERTIFIED HARVESTING COUNTRY PRIOR TO
OCTOBER 8, 1996 WHICH ARE IMPORTED PRIOR TO DECEMBER 9, 1996:

SHRIMP EXPORTED FROM AN UNCERTIFIED HARVESTING COUNTRY (OTHER THAN
THE THIRTY-SEVEN CERTIFIED NATIONS) PRIOR TO OCTOBER 8, 1996,
WHICH ARE IMPORTED INTO THE UNITED STATES BEFORE DECEMBER 9, 1996,
MAY CONTINUE TO BE IMPORTED USING ONE OF THE FOUR EXEMPTIONS
INDICATED ON THE REQUIRED STATE DEPARTMENT FORM DSP-121, "SHRIMP
EXPORTER'S/IMPORTER'S DECLARATION" (SEE BOX 7(A)(1-4) ON THAT
FORM IN THIS REGARD).

2. SHRIMP EXPORTED FROM UNCERTIFIED HARVESTING COUNTRY ON OR
AFTER OCTOBER 8, 1996:

SHRIMP EXPORTED FROM AN UNCERTIFIED HARVESTING COUNTRY (OTHER THAN
THE THIRTY-SEVEN CERTIFIED NATIONS) ON OR AFTER OCTOBER 8, 1996,
MAY ONLY BE IMPORTED INTO THE UNITED STATES IF THE SHRIMP WAS
CAUGHT BY MEANS OF AQUACULTURE METHOD OF FISHING (AS SHOWN IN BLOCK
7(A)(1) ON THE DSP-121 SHRIMP DECLARATION FORM). EFFECTIVE THAT
DATE OF EXPORT, THE OTHER THREE HARVESTING METHOD EXEMPTIONS WILL
NO LONGER BE ALLOWED AS A RESULT OF THE NEW COURT DECISION.

3. CERTAIN BANNED SHRIMP FROM UNCERTIFIED HARVESTING COUNTRY
EFFECTIVE OCTOBER 8, 1996 (BASED ON DATE OF EXPORT ON OR AFTER
OCTOBER 8, 1996):

SHRIMP EXPORTED FROM AN UNCERTIFIED HARVESTING COUNTRY ON OR
AFTER OCTOBER 8, 1996, MAY NO LONGER UTILIZE THE SHRIMP HARVESTING
EXEMPTIONS INDICATED IN BOX 7(A)2, 3 OR 4 OF THE DSP-121 FORM
(I.E., HARVESTED USING TEDS; HARVESTED USING NON-MECHANICAL NET
RETRIEVAL; OR PANDALID OR OTHER COLD-WATER SHRIMP SPECIES
HARVESTED IN AREAS WHERE SEA TURTLES DO NOT OCCUR).

SHRIMP COVERED BY BOX 7(A)2, 3 OR 4 OF THE DSP-121 FORM ARE BANNED
FROM IMPORTATION INTO THE UNITED STATES AS OF OCTOBER 8, 1996, IF
IT WAS EXPORTED FROM THE UNCERTIFIED HARVESTING COUNTRY ON OR
AFTER OCTOBER 8, 1996. ATTEMPTED IMPORTATIONS OF THIS TYPE SHOULD
NOT BE SEIZED, HOWEVER, BUT INSTEAD SHOULD BE REQUIRED TO BE
EXPORTED FROM THE UNITED STATES.

4. COVERAGE OF SHRIMP EMBARGO:

IT SHOULD BE NOTED THAT THIS SHRIMP EMBARGO COVERS BOTH SHRIMP
AND PRAWNS AS WELL AS SHRIMP AND PRAWN PRODUCTS CLASSIFIED UNDER
THE FOLLOWING HTS TARIFF NUMBERS:

0306.13.00 0306.23.00
1605.20.05 1605.20.10

5. QUESTIONS CONCERNING THIS ISSUANCE

QUESTIONS BY THE IMPORTING TRADE CONCERNING THIS ISSUANCE SHOULD
BE DIRECTED TO THE DEPARTMENT OF STATE, BUREAU OF OCEANS AND
INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS AT (202)
647-2335/2337. QUESTIONS BY CUSTOMS OFFICERS SHOULD BE REFERRED
TO CUSTOMS HEADQUARTERS, COMMERCIAL ENFORCEMENT, AT (202) 927-
0771.

PHILIP METZGER