| Title: | OTHER AGENCY REQUIREMENTS |
|---|---|
| Date: | 1998-10-27 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : JOSEPH PALMER
SUBJECT : Other Agency requirements
DATE : 10/22/1998
FILERS ARE REMINDED THAT THE OTHER GOVERNMENT AGENCY (OGA) FLAGS IN
THE ACS HTS FILE ARE ONLY ADVISORY IN NATURE AND DO NOT OVERRULE OR
REPLACE ANY REPORTING REQUIREMENT TO AGENCIES RESPONSIBLE FOR
DETERMINING THE ADMISSIBILITY OF IMPORTED MERCHANDISE. THE CATAIR
(HTS-11) STATES "IF THE TARIFF RECORD DOES NOT CONTAIN AN INDICATOR
FOR ANOTHER AGENCY, AND THE IMPORTED MERCHANDISE CONTAINS PRODUCTS OR
MATERIAL SUBJECT TO OGA REVIEW, THE DATA STILL MUST BE SUBMITTED TO
THE OTHER AGENCY." FILERS SHOULD ENSURE THAT THEIR ABI SOFTWARE HAS
THE CAPABILITY TO TRANSMIT OGA DATA FOR "UNFLAGGED" HTS CODES AS
REQUIRED.
IN PARTICULAR, THE FOOD AND DRUG ADMINISTRATION IS RESPONSIBLE FOR
ENTRY REVIEW AND ADMISSIBILITY DECISIONS PERTAINING TO FOODS, DRUGS,
MEDICAL DEVICES, RADIATION-EMITTING ELECTRONIC PRODUCTS, AND
COSMETICS, AS THESE PRODUCTS ARE DEFINED IN THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT, AND OTHER RELATED ACTS. THE VAST MAJORITY OF
FDA-REGULATED PRODUCTS ARE CLASSIFIED IN HTS CATEGORIES THAT ARE
FLAGGED FD2, FD1, OR FD0 (AS DEFINED IN THE CATAIR, P. HTS-11) IN THE
TARIFF RECORD. HOWEVER, SOME FDA-REGULATED PRODUCTS ARE NOT ASSIGNED
A SPECIFIC 10 DIGIT HTS CODE, BUT FALL INTO A "BASKET" OR "OTHER"
CATEGORY THAT DOES NOT CONTAIN ONE OF THE FDA FLAGS; FILERS MUST
SUBMIT FDA DATA ON THESE "UNFLAGGED" PRODUCTS BY WHICHEVER METHOD
THEIR ABI SOFTWARE ALLOWS. ANY QUESTIONS ON FDA REGULATORY STATUS OR
A PARTICULAR PRODUCT PROPERLY CLASSIFIED IN AN "UNFLAGGED" HTS
CATEGORY SHOULD BE DIRECTED TO THE LOCAL FDA FIELD OFFICE RESPONSIBLE
FOR THE ENTRY. GENERAL QUESTIONS REGARDING FDA HTS FLAGS SHOULD BE
DIRECTED TO FDA'S DIVISION OF IMPORT OPERATIONS AND POLICY AT (301)
443-6553.