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CSMS #18-000744
   
  Title: Update to NMFS SIM program information
  Date: 12/18/2018 9:42:26 AM
  To: Automated Broker Interface, New ACE Programming, Partner Government Agencies
  Related: 18-000583, 18-000531

 
   
 
This CSMS supplements CSMS #18-000583 and 531 (Information about NMFS SIM program 
updates)

The previously published rule mandating the addition of shrimp and abalone to the NMFS Seafood Import Monitoring (SIM) Program is effective as of December 31, 2018.  As a result, NMFS SIM data must be provided with filings for certain Harmonized Tariff Schedule (HTS) codes for shrimp and abalone. See link below for the list of HTS codes included.

In the interest of assuring that filers importing shrimp and abalone to the United States are fully prepared to submit the required SIM data, NMFS notified filers via a CSMS that they could begin to voluntarily file SIM data for shrimp and abalone earlier this fall (see CSMS # 18-000583).  Filers are reminded to continue the voluntary submission of SIM data for Entry filings containing shrimp and abalone.  However, as of December 31, 2018 filing of SIM data for shrimp and abalone is mandatory. On that date: 

•filers are legally obligated to provide the NMFS International Fisheries Trade Permit (IFTP) and all required SIM data with the filing, and
•importers (IFTP holders) are required to have, retain, and produce upon request, documentation on each step/transaction in the supply chain of the product from the harvest to import. 

This notice also informs importers and filers that, NMFS, through collaboration with CBP, will implement a period of “informed compliance” for submission of SIM data for shrimp and abalone, starting December 31, 2018 through March 1, 2019.

Entries will be audited, inspected, and verified for the “informed compliance” with the SIM rule starting December 31, 2018 to March 1, 2019. However, entries of only shrimp and abalone tariff codes (HTS) will not be rejected if their SIM data is omitted.  

This period of “informed compliance” is established to assure that trade has the opportunity to work through any inadvertent, unintentional, or technical or concerns that may have precluded their being fully prepared to successfully submit SIM data for shrimp and/or abalone with the Entry.  All entry filings must comply with the mandatory SIM message requirements.  

The Harmonized Tariff Schedule (HTS) codes applicable to this mandate to file NMFS SIM program data will be updated with an NM8 flag for SIM. The list of 3 alpha codes will also be updated. These updates will begin February 26, 2019 and will be completed by March 1, 2019 in CERT and PROD.

By March 1, 2019 entries that do not comply with the mandatory SIM message set requirements, including shrimp and abalone, will be refused entry.

The SIM Program exempts the requirement to individually identify small-scale vessels—or small-scale aquaculture facilities—if the importer provides other required data elements based on an aggregated harvest report. Aggregated harvest report is defined as a record that covers: (1) harvests at a single collection point in a single calendar day from small-scale vessels (i.e., twelve meters in length or less or 20 gross tons or less); (2) landing by a vessel to which catches of small-scale vessels were made at sea; or (3) deliveries made to a single collection point (processing facility, broker, or transport) on a single calendar day by aquaculture facilities that each deliver 1,000 kg or less in that day.

The list of HTS codes that will be flagged for shrimp and abalone and other SIM requirements can be found at the following web sites:

•Federal Register Notice: https://www.federalregister.gov/documents/2018/04/24/2018-08553/magnuson-stevens-fishery-conservation-and-management-act-lifting-the-stay-on-inclusion-of-shrimp-and

•NMFS SIMP Web site: https://www.iuufishing.noaa.gov/RecommendationsandActions/RECOMMENDATION1415/FinalRuleTraceability.aspx

•List of HTS and 3 Alpha codes for all SIMP products include Shrimp and Abalone in downloadable Excel: https://www.iuufishing.noaa.gov/Portals/33/SIMP%20species%20list_including%20shrimp%20and%20abalone%20asof5-2018.xls?ver=2018-05-16-174506-613

Requests for technical assistance can be directed to Dale Jones, Dale.Jones@noaa.gov and SIMPsupport@noaa.gov, or to the SIMP Support Line: 833-440-6599 (toll free)

Other questions or feedback regarding SIMP implementation can be directed to Celeste Leroux, Celeste.Leroux@noaa.gov

NOTE: Trade should not expect any additional CSMS reminders on this topic

Related CSMS No. 18-000583 and No. 18-000531