CSMS Message: 96-001083

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : OGA-SHRIMP EMBARGO

DATE : 12/03/96

6333111
NOVEMBER 29, 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

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

WE REFER TO OUR PREVIOUS EMAIL MESSAGE 6288111, DATED
OCTOBER 15, 1996, CONCERNING THE SHRIMP TRADE EMBARGO. ON
OCTOBER 8, 1996, THE U.S. COURT OF INTERNATIONAL TRADE RULED IN
EARTH ISLAND INSTITUTE V. CHRISTOPHER THAT SHRIMP HARVESTED IN THE
WILD MAY NOT BE IMPORTED INTO THE UNITED STATES UNLESS THE
HARVESTING NATION IS CERTIFIED UNDER SECTION 609 OF P.L. 101-162
(THIS RULING ALSO ALLOWED FOR THE CONTINUED IMPORT OF AQUACULTURAL
SHRIMP HARVESTED IN UNCERTIFIED COUNTRIES).

THE U.S. GOVERNMENT SUBSEQUENTLY FILED A MOTION ASKING THE COURT TO
STAY THIS DECISION. IN RESPONSE TO THIS MOTION, THE COURT ISSUED AN
ORDER ON NOVEMBER 25, 1996, THAT, IN EFFECT, CLARIFIES AND REVISES
ITS OCTOBER 8 DECISION.

PURSUANT TO THE COURT'S ORDER OF NOVEMBER 25, THE FOLLOWING CATEGORIES
OF SHRIMP AND SHRIMP PRODUCTS MAY BE IMPORTED FROM NATION
NOT CURRENTLY CERTIFIED UNDER SECTION 609:

- SHRIMP HARVESTED IN AN AQUACULTURE FACILITY IN WHICH THE
SHRIMP SPEND AT LEAST 30 DAYS IN PONDS PRIOR TO BEING
HARVESTED;

- SHRIMP HARVESTED EXCLUSIVELY BY MEANS THAT DO NOT INVOLVE THE
RETRIEVAL OF FISHING NETS BY MECHANICAL DEVICES OR BY VESSELS
USING GEAR THAT, IN ACCORDANCE WITH THE U.S. PROGRAM, WOULD
NOT REQUIRE TURTLE EXCLUDER DEVICES (TEDS); AND

- SPECIES OF SHRIMP, SUCH AS THE PANDALID SPECIES, HARVESTED IN
AREAS WHERE SEA TURTLES DO NOT EXIST (THIS INCLUDES SHRIMP
HARVESTED IN COLD-WATER AND FRESH-WATER AREAS).

ADDITIONAL INFORMATION:

1. CURRENT LIST OF FOREIGN COUNTRIES CERTIFIED BY STATE
DEPARTMENT AS UTILIZING ACCEPTABLE METHOD OF SHRIMP HARVESTING.

THESE COUNTRIES (WHICH ARE NON-EMBARGOED COUNTRIES) ARE AS
FOLLOWS:

ARGENTINA BAHAMAS BELGIUM BELIZE
BRUNEI CANADA CHILE COLOMBIA
COSTA RICA DENMARK DOMINICAN REPUBLIC ECUADOR
EL SALVADOR GERMANY GUATEMALA GUYANA
HAITI HONDURAS ICELAND INDONESIA
IRELAND JAMAICA MEXICO NETHERLANDS
NEW ZEALAND NICARAGUA NORWAY OMAN
PANAMA PERU RUSSIA SRI LANKA
SWEDEN THAILAND TRINIDAD/TOBAGO UNITED KINGDOM
URUGUAY VENEZUELA

(NOTE: STATE DEPARTMENT CONSIDERS GREENLAND TO BE COVERED
UNDER DENMARK'S CERTIFICATION)

2. EFFECT OF NEW COURT RULING OF NOVEMBER 25, 1996

THIS NEW COURT RULING OF NOVEMBER 25, 1996, IN EFFECT, ALLOWS
FOR THE CONTINUED USE OF BOX 7(A)(1), 7(A)(3) AND 7(A)(4)
OF THE DSP-121 FORM ("SHRIMP EXPORTER'S/IMPORTER'S DECLA-
RATION") FOR SHRIMP HARVESTED IN UNCERTIFIED COUNTRIES. THESE
BOXES ARE FOR THE FOLLOWING DESIGNATIONS: BOX 7(A)(1) FOR
SHRIMP HARVESTED BY AQUACULTURE; BOX 7(B)(3) FOR SHRIMP
HARVESTED USING NON-MECHANICAL RETRIEVAL; AND BOX 7(A)(4) FOR
PANDALID OR OTHER COLD-WATER SHRIMP SPECIES HARVESTED IN
AREAS WHERE SEA TURTLES DO NOT EXIST.

THE COURT ORDER DOES NOT, HOWEVER, ALLOW IMPORTATION OF
SHRIMP HARVESTED USING TEDS (TURTLE EXCLUDER DEVICES) FROM
COUNTRIES THAT ARE NOT CERTIFIED BY THE STATE DEPARTMENT
(I.E., BOX 7(A)(2) OF DSP-121 CAN NO LONGER BE UTILIZED DUE
TO THE NEW COURT DECISION OF NOVEMBER 25, 1996).

ACTIONS:

1. EFFECTIVE DATE OF IMPLEMENTATION OF NEW COURT DECISION

- EFFECTIVE IMMEDIATELY, FOR NEW IMPORTATIONS OF SHRIMP AND
PRAWNS AND PRODUCTS THEREOF FROM UNCERTIFIED HARVESTING
COUNTRIES COVERED BY HTS TARIFF NUMBERS LISTED BELOW, SUCH
SHIPMENTS MAY ONLY BE ENTERED INTO THE UNITED STATES IF BOX
7(A)(1), 7(A)(3) OR 7(A)(4) APPLY. IF THE SHRIMP/PRAWNS ARE
HARVESTED BY THE USE OF TEDS IN AN UNCERTIFIED COUNTRY,
IMPORTATION INTO THE UNITED STATES IS PROHIBITED.

0306.13.00 0306.23.00
1605.20.05 1605.20.10

- SHIPMENTS OF SHRIMP/PRAWNS AND PRODUCTS THEREOF THAT WERE
EXPORTED FROM AN UNCERTIFIED HARVESTING COUNTRY AFTER THE
DATE OF THE COURT'S ORDER, OCTOBER 8, 1996, AND WERE
REFUSED ENTRY BASED ON THE PREVIOUS REVOCATION OF BOX 7(A)(3)
AND 7(A)(4) EXEMPTIONS MAY NOW ENTER THE UNITED STATES FOR
CONSUMPTION.

2. SHRIMP IMPORTATIONS FROM CERTIFIED HARVESTING COUNTRIES

SUCH IMPORTATIONS FROM HARVESTING COUNTRIES CITED IN ITEM 1
UNDER "ADDITIONAL INFORMATION" ARE UNAFFECTED BY THE NEW
NOVEMBER 25 COURT DECISION AND MAY CONTINUE TO ENTER THE
UNITED STATES PROVIDING THE IMPORTER HAS RETAINED IN HIS
FILE A COMPLETED DSP-121 FOR EACH OF THESE SHIPMENTS.

3. RETENTION OF DSP-121 FORM ON FILE BY IMPORTER

IT SHOULD BE NOTED THAT THE IMPORTER MUST HAVE RETAINED
IN HIS FILE A COPY OF THE DSP-121 FORM AS AUTHORIZATION
TO FILE ANY SHRIMP/PRAWN CUSTOMS ENTRY. FAILURE BY THE
IMPORTER TO HAVE RETAINED SUCH FORM IN HIS FILE PRIOR TO
ENTRY SUBMISSION COULD SUBJECT SUCH GOODS TO POSSIBLE
REDELIVERY/LIQUIDATED DAMAGE ACTION AT A LATER POINT IN
THE ENTRY PROCESS. THE DSP-121 FORMS ARE NOT TO BE
SUBMITTED TO CUSTOMS AT THE TIME OF CUSTOMS ENTRY FILING,
HOWEVER.

4. QUESTIONS CONCERNING THIS ISSUANCE

QUESTIONS BY THE IMPORTING PUBLIC 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, TRADE COMPLIANCE DIVISION, COMMERCIAL
ENFORCEMENT, AT (202) 927-0771.

PHILIP METZGER