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CSMS #18-000595
   
  Title: Disclaim Procedures for Certain HTS Concerning Mexican Fish Restrictions
  Date: 10/9/2018 1:05:58 PM
  To: Automated Broker Interface, ACE Portal Accounts, Partner Government Agencies, Trade Policy Updates
  Related: 18-000555, 18-000502, 18-000484

 
   
 
This CSMS updates all previous related CSMS messages: 18-000482, 18-000483, 18-000484, 
18-000502, and 18-000555.

Background:  This CSMS is an update in response to the notification published by the National Oceanic and Atmospheric Administration (NOAA) 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, which are 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 the “Certification of Admissibility.”

CBP Process Effective Immediately and Ending October 14, 2018 at 11:59 pm:  All entries of shrimp, fish and fish products originating from Mexico must be accompanied by a signed “Importer Statement of Admissibility” or the “Certificate of Admissibility” signed by one of the 14 duly authorized official of the Mexican government (official list below).  Documents must be submitted via the ACE Document Image System (DIS) using “NM23” code within the NMFS Message set, sent by email or fax, or submitted in paper form to the CBP port of entry or the entire shipment is to be refused entry.  

CBP Processes Beginning on October 15, 2018 at 12:00 am:  All entries of shrimp, fish and fish products originating from Mexico must be accompanied by the “Certificate of Admissibility” (OMB 0648-0651) signed by one of the 14 duly authorized official of the Mexican government.  The signed “Importer Statement of Admissibility” will no longer be a sufficient form of certification.  The Certificate of Admissibility must be uploaded into DIS using “NM23” code, sent by email or fax, or submitted in paper to the CBP port of entry or the entire shipment is to be refused entry.

Allowed Importer Disclaim:  Certain processed commodities (dog and cat food) under designated tariff codes may be disclaimed and not have to submit the “Importer Statement of Admissibility” or the “Certificate of Admissibility”. Instead, if applicable, shipments using the 6 digit HTS codes 2309.90 or 2309.10; or the 10 digit HTS code 0511.99.3060 may be disclaimed with the statement “the commodity under HTS (list the code) does not contain shrimp or fish products”.  The disclaiming statement must be uploaded into DIS using code “NM23”, sent by email or fax, or submitted in paper to the CBP port of entry.