CSMS Message: 99-000417

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : SHRIMP TRADE EMBARGO

DATE : 05/26/1999

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

TO: ALL DIRECTORS, FIELD OPERATIONS
ALL AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE PROGRAMS

RE: OGA-11-SHRIMP TRADE EMBARGO

PASS TO: ALL NATIONAL IMPORT SPECIALISTS, IMPORT
SPECIALISTS, ENTRY OFFICERS, INSPECTORS, IMPORTERS AND
BROKERS

THIS RELATES OUR PREVIOUS EMAIL MESSAGES ON THE SHRIMP
TRADE EMBARGO WHICH WERE POSTED TO OUR OTO-5 BULLETIN
BOARD IN 1998 (OGA-98-2 ON MAY 6; OGA-98-3 ON JUNE 2;
OGA-98-4 ON JULY 29; AND OGA-98-5 ON SEPTEMBER 4) TO
PROVIDE AMENDED OPERATIONAL PROCEDURES FOR FIELD
OFFICES.

ON MAY 1, 1999, THE DEPARTMENT OF STATE CERTIFIED THAT
37 FOREIGN NATIONS HAVE MET, FOR THE CURRENT YEAR, THE
REQUIREMENTS OF THE LAW RELATING TO SHRIMP HARVESTING IN
WAYS THAT ARE NOT HARMFUL TO SEA TURTLE SPECIES. ON MAY
18, 1999, COSTA RICA AND PANAMA WERE ADDED TO THIS LIST.
IN THIS REGARD, THE FOLLOWING IMPORT PROCEDURES WILL BE
IMPLEMENTED.

ACTIONS:

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

THESE THIRTY-SEVEN (39) COUNTRIES (WHICH ARE NON-
EMBARGOED COUNTRIES) ARE AS FOLLOWS:

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

2. PROHIBITED IMPORTATION OF SHRIMP AND PRAWNS AND
PRODUCTS THEREOF OF FOREIGN ORIGIN (UNLESS MEETING
IMPORT EXCEPTION OF ITEM 2(C) BELOW)

A. SHRIMP AND PRAWN PRODUCT EMBARGO

IMPORTATION OF FOREIGN SHRIMP AND PRAWNS AND PRODUCTS
THEREOF HARVESTED IN ALL OTHER COUNTRIES (OTHER THAN
THOSE CITED IN ITEM 1 ABOVE) IS PROHIBITED UNLESS
QUALIFYING FOR AN EXCEPTION AS NOTED IN ITEM 2(C) BELOW.

B. EFFECTIVE DATE OF EMBARGO; APPLICABLE HTS TARIFF
NUMBERS

UNLESS OTHERWISE EXCEPTED AS NOTED IN ITEM 2(C) BELOW OR
HARVESTED IN A CERTIFIED COUNTRY AS NOTED IN ITEM 1
ABOVE, THIS EMBARGO APPLIES TO ALL IMPORTED SHRIMP AND
PRAWNS AND PRODUCTS THEREOF EXPORTED FROM ANY FOREIGN
COUNTRY TO THE U.S. ON OR AFTER MAY 1, 1999. SUCH
IMPORTS WHICH WERE EXPORTED FROM FORMERLY CERTIFIED
COUNTRIES IN 1998 BUT HAVE NOW BEEN DROPPED FROM THAT
LIST IN 1999 (I.E., GUYANA, SURINAME AND TRINIDAD AND
TOBAGO) MAY CONTINUE TO BE IMPORTED INTO THE UNITED
STATES WITHOUT FOREIGN GOVERNMENT CERTIFICATION IN BLOCK
8 OF THE REQUIRED STATE DEPARTMENT FORM DSP-121, "SHRIMP
EXPORTER'S - IMPORTER'S DECLARATION" IF THEY WERE
EXPORTED PRIOR TO JULY 30, 1999 (AFTER THIS DATE BLOCK 8
MUST ALSO BE COMPLETED FOR IMPORTS FROM THESE FIVE
COUNTRIES).

SHRIMP AND PRAWNS AND PRODUCTS THEREOF CLASSIFIED UNDER
THE FOLLOWING HTS TARIFF NUMBERS ARE COVERED BY THIS
EMBARGO:

0306.13.00 0306.23.00 1605.20.05 1605.20.10

C. EXCEPTIONS TO EMBARGO (SHRIMP HARVESTED IN COUNTRIES
NOT CERTIFIED BY STATE DEPARTMENT)

THIS EMBARGO DOES NOT APPLY TO SHRIMP AND PRAWNS AND
PRODUCTS THEREOF FROM OTHERWISE EMBARGOED COUNTRIES
(WHERE SHRIMP AND PRAWN HARVESTING IN SUCH COUNTRIES
DOES NOT ADVERSELY AFFECT SEA TURTLES) IF ONE OF THE
FOLLOWING SHRIMP AND PRAWN HARVESTING EXCEPTIONS IS
INVOLVED:

- SHRIMP AND PRAWNS HARVESTED IN AN AQUACULTURE FACILITY
IN WHICH THEY SPEND AT LEAST 30 DAYS IN A POND PRIOR TO
BEING HARVESTED;

- SHRIMP AND PRAWNS HARVESTED BY COMMERCIAL SHRIMP TRAWL
VESSELS USING TEDS COMPARABLE IN EFFECTIVENESS TO THOSE
REQUIRED IN THE UNITED STATES;

- SHRIMP AND PRAWNS 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 DESCRIBED ABOVE, WOULD
NOT REQUIRE TEDS;

- SPECIES OF SHRIMP AND PRAWNS, SUCH AS PANDALID OR
OTHER COLD-WATER SPECIES, HARVESTED IN AREAS IN WHICH
SEA TURTLES DO NOT EXIST.

(NOTE: THESE EXCEPTIONS RELATE TO COMPLETING BLOCK 7(1),
7(2), 7(3) OR 7(4) OF THE DEPARTMENT OF STATE FORM DSP-
121. STATE DEPARTMENT HAS ADVISED CUSTOMS THAT ONLY
BRAZIL AMONG THE UNCERTIFIED COUNTRIES HAS BEEN
DETERMINED TO BE HARVESTING SHRIMP WITH TEDS. THUS, A
DSP-121 FORM FOR SUCH IMPORTS FROM ANY OTHER CERTIFIED
OR UNCERTIFIED FOREIGN COUNTRY, IN WHICH BLOCK 7(2) IS
CHECKED, WOULD BE IMPROPERLY CLAIMED AND NOT
ACCEPTABLE).

3. IMPORTS FROM UNCERTIFIED COUNTRIES (FORM DSP-121
REQUIRED FOR CARGO RELEASE)

IMPORTS OF SHRIMP, PRAWNS AND PRODUCTS THEREOF FROM
HARVESTING NATIONS WHICH HAVE NOT BEEN CERTIFIED BY THE
STATE DEPARTMENT AS UTILIZING AN ACCEPTABLE METHOD OF
SHRIMP HARVESTING WILL NOT BE RELEASED FROM CUSTOMS
CUSTODY UNLESS ACCOMPANIED BY A COMPLETED FORM DSP-121
(THIS INCLUDES COMPLETION OF BLOCK 8 ("GOVERNMENT
CERTIFICATION") PLUS EITHER BLOCK 7(1), 7(2) (ONLY
BRAZIL AUTHORIZED TO USE BLOCK 7(2)), 7(3) OR 7(4) OF
THIS FORM).

ANY COUNTRY NOT LISTED IN ITEM 1 ABOVE IS CURRENTLY AN
UNCERTIFIED COUNTRY WITH RESPECT TO THIS SHRIMP EMBARGO.

4. IMPORTS FROM CERTIFIED COUNTRIES (FORM DSP-121 MUST
BE IN IMPORTER'S FILE PRIOR TO ENTRY FILING)

- IMPORTS OF SHRIMP, PRAWNS AND PRODUCTS THEREOF FROM
HARVESTING COUNTRIES WHICH HAVE BEEN CERTIFIED BY THE
STATE DEPARTMENT (NOTE ITEM 1 ABOVE) REGARDING
ACCEPTABLE SHRIMP HARVESTING WILL BE RELEASED FROM
CUSTOMS CUSTODY WITHOUT AN ACCOMPANYING FORM DSP-121 (IT
WILL BE PRESUMED THAT THE IMPORTER HAS THIS FORM ON FILE
PRIOR TO HIS FILING A CUSTOMS ENTRY). FOR THESE IMPORTS
COMPLETION OF BLOCK 8 OF THE DSP-121 IS NOT REQUIRED BUT
EITHER BLOCK 7(1), 7(3) OR 7(4) MUST BE CHECKED ALONG
WITH COMPLETION OF THE REMAINDER OF THIS FORM.

- IT IS THE IMPORTER'S OBLIGATION TO HAVE ON FILE A
COMPLETED FORM DSP-121 BEFORE MAKING A CUSTOM'S ENTRY OF
SHRIMP OR PRAWNS OR PRODUCTS THEREOF FROM ANY CERTIFIED
COUNTRY.

5. OTHER SHRIMP EMBARGO IMPORT REQUIREMENTS

- U.S. HARVESTED SHRIMP OR PRAWNS OR PRODUCTS THEREOF
EXPORTED FOR PROCESSING AND LATER RETURNED TO THE U.S.
MUST ALSO BE ACCOMPANIED BY A FORM DSP-121 AND BE
RETAINED ON FILE BY THE IMPORTER IN CASE OF LATER
VERIFICATION BY CUSTOMS.

- IF SHIPMENTS OF THESE PRODUCTS ARE TRANSSHIPPED
THROUGH INTERMEDIARY COUNTRIES, THE DSP-121 MUST REMAIN
WITH THE SHIPMENT UNTIL ENTRY IS MADE IN THE U.S. IN THE
EVENT THAT A SHIPMENT CONTAINS SUCH PRODUCTS FROM TWO OR
MORE COUNTRIES, A PROPERLY EXECUTED DSP-121 FROM EACH
HARVESTING COUNTRY MUST ACCOMPANY THE MULTIPLE-SOURCE
SHIPMENT.

- IF CUSTOMS BECOMES AWARE OF A SHIPMENT WHICH ARRIVES
IN THE UNITED STATES WITHOUT THE FORM DSP-121, ENTRY
SHOULD BE DENIED BUT NOT SEIZED. INSTEAD, THE IMPORTER
SHOULD BE ALLOWED TO RE-EXPORT THE SHIPMENT TO ANOTHER
COUNTRY.

- STATE DEPARTMENT HAS ADVISED BOTH U.S. IMPORTERS AND
FOREIGN NATIONS THAT THE REVISED VERSION OF THE DSP-121
FORM (OMB APPROVAL NO. 1405-0095, EXPIRATION DATE 9-31-
99) SHOULD NOW BE USED.

6. 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 OR 2337.

- QUESTIONS BY CUSTOMS OFFICERS SHOULD BE REFERRED TO
CUSTOMS HEADQUARTERS, TRADE PROGRAMS, OGAL BRANCH, AT
(202) 927-0771.

BETSY G. DURANT