pga update: reporting process in ace (fda, cpsc, etc.)...application for permit to move live plant...
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PGA Update:
Reporting Process in
ACE (FDA, CPSC,
etc.)
Russell K. Statman, Esq.
Executive Director, Registrar Corp
Tom Kuerbs, LCB
Descartes Systems Group
Craig Seelig, Product Manager –
Customs & Government Compliance, Americas
WiseTech Global
FDA Foreign
Supplier Verification
Program (“FSVP”)
Russell K. Statman, Esq.
Executive Director, Registrar Corp
144 Research Drive
Hampton, Virginia USA 23666
+1-757-224-0177
Foreign Supplier Verification Program (FSVP)
“Importers” must provide adequate assurances that:
Foreign suppliers produce food using processes and procedures providing
same level of public health protection as FSMA preventive controls or
produce safety provisions
-and-
Food is not adulterated or misbranded as to allergen labeling
FDA Food Safety Modernization Act (FSMA)
Hazard Analysis and Risk–based Preventive Controls
(“HARPC”)
FDA Food Safety Modernization Act (FSMA)
THE LAW REQUIRED FDA TO ISSUE
SEVEN MAJOR SETS OF RULES
Preventive Controls for Human Food
Preventive Controls for Animal Food
Produce Safety
Foreign Supplier Verification Program
Third Party Auditor
Sanitary Transport
Intentional Adulteration
Foreign Supplier Verification Program (FSVP)
FDA will inspect FSVP importers
“Importer” is defined as US owner or consignee
of food at the time of entry.
“U.S. owner or consignee” means the person in
the United States who, at the time of U.S. entry,
either owns the food, has purchased the food, or
has agreed in writing to purchase the food.
If there is no “US owner or consignee,” the
“Importer” is the U.S. agent or representative of
the foreign owner or consignee, as confirmed in
signed statement of consent.
Foreign Supplier Verification Program (FSVP)
Importer identification at entry
FSV, FSX, RNE
DUNS
FOOD SAFETY MODERNIZATION ACT
FOREIGN SUPPLIER VERIFICATION PROGRAM
General Requirements of the FSVP
A “Qualified Person” Must Perform the
Following:
• Hazard Analysis
• Approval and compliance status review of
suppliers)
• Supplier Verification Activities, including
audit if necessary
• Corrective Actions
• Periodic Reassessment of FSVP
• Importer Identification at Entry
• Record-keeping
Approval and Compliance Monitoring of Suppliers
To approve suppliers, Importers
must consider:
• Risk posed by the food (hazard
analysis)
• Entities controlling hazards or
verifying control
• Supplier characteristics
(procedures and practices; FDA
compliance history, Warning
Letters, Import Alerts)
Foreign Supplier Verification Program (FSVP)
Countries With Equivalent Food Safety
Systems
Importer must document that:
Foreign supplier is under oversight of
comparable or equivalent food safety system.
Food is within scope of official recognition or
determination.
Supplier is in good compliance standing with
comparable or equivalent food safety
authority.
Impact on the Chain of Commerce
Foreign Supplier Verification Program (FSVP)
FSVP EXEMPTIONS
Firms subject to juice or seafood HACCP regulations
Food for research or evaluation
Food for personal consumption
Alcoholic beverages and ingredients (when importer uses them to make an
alcoholic beverage)
Food transshipped through U.S.
Food imported for processing and export
“U.S. food returned”
Meat, poultry, and egg products subject to USDA regulation at time of
importation
Foreign Supplier Verification Program (FSVP)
Small Businesses
Very small importer (VSI)
Less than $1 million/yr. in human food in sales plus imports
Less than $2.5 million/yr. in animal food in sales plus imports
Food from certain small suppliers
Qualified facility (same $ as VSI)
Produce from certain small suppliers that are not covered
farms
Shell egg producers with < 3,000 laying hens
Foreign Supplier Verification Program (FSVP)
Small Businesses
Annually document eligibility
Verification: Written assurances from suppliers
Additional requirements for food from small suppliers:
• Evaluate supplier compliance history
• Approve suppliers
• Ensure food is from approved suppliers
• Attestation
FSVP: When Must I Comply?
Compliance is the latest of:
May 30th, 2017 (18 months after publication of final rule)
OR
If supplier is subject to the preventive controls or produce safety
regulations, 6 months after the foreign supplier of the food is required
to comply with the relevant regulations
Final Advice
ATF
U.S. Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives.
• Why do I have to report ATF PGA data?
The ATF will use this information to determine if a particular importation of a
Firearm, Ammunition, Implement of War, or any combination thereof requires either
a Federal Firearms License, Federal Explosives License, AECA Registration, and/or
Permit (ATF Form 6/6A) at the point the Entry record is submitted and at the point
the cargo is released.
• For Imports the PGA message set has been required to be filed in
ACE since February 3rd, 2017. Use information supplied on ATF
forms 6 and 6A to complete PGA filing data in ACE
• As an alternative original paper ATF Forms 6 and 6A may also be
submitted to the ports of entry, but could result in delays in release
of cargo. ATF no longer support DIS documents
• At this time, the ATF does not ‘Flag’ any HTS codes. The
importer/filer is responsible for knowing what to file, regardless of
whether a tariff code has been flagged.
• When the PGA message set is filed correctly, the filer will receive an
automatic “May Proceed” from ATF, and if there are no further
issues, the shipment will be released.
• Any ATF import related questions and/or comments regarding the
requirements to: Imports-Helpdesk@atf.gov
• Different weapon types require different types of LCPOs (Licenses
Certificates, Permits & Other) or exemption codes
• Possible LCPOs for ATF are
– AT2 ATF Federal Firearms License Number - FFL
– AT3 Federal Explosive License Number - FEL
– AT4 ATF Import Permit Number
– AT5 ATF Importer’s Registration Number – AECA (Arms Control Export Act)
• Requirements for the LCPO’s by weapon type are available in the
ATF PGA guide beginning on page 26:
https://www.cbp.gov/sites/default/files/assets/documents/2016-
Sep/ATF_Supplemental_Guidance_for_ACE_v1_15.pdf
• Most Common ATF Errors/Rejections
– [PDY] “INVALID CATEGORY CODE FOR PERMIT PER PGA”
The Category submitted does not match what is on the ATF Permit
– [PDP, PDQ, PDN, PDO] “MISSING <PG14 / LPCO> PER PGA”
A required LCPO is not being submitted in the ATF PGA data
– [PDZ, PEA, PEB] “<PG14 / LPCO> MUST MATCH IMP PRMT PER PGA”
After a AECA was renewed, use the original AECA from the ATF permit
– [PDR, PDT, PDW, PEC] “INVALID <PG14 / LPCO> NUMBER PER PGA”
Incorrectly entered LCPO (FFL, FEL, Permit or AECA) number, or
The License/Permit is new and has not been uploaded by ATF to ACE yet.
AHPIS
Animal and Plant Health Inspection Service
• AHPIS – Lacey
• APHIS - Core
• Why do I have to report APHIS PGA data?
Previously, much of the information needed to correctly
regulate and safeguard agriculture products and related products are
provided via paper Licenses, Permits, Certificates and other
documents (LPCO’s). Utilizing the PGA Message Set to automate the
filing of much of the data found on paper LPCO’s will allow both CBP
and APHIS to process cargo release more expeditiously and to identify
unsafe, dangerous, or prohibited shipments.
Paper filing of documents is still available, but could delay
release of cargo.
APHIS – Lacey
• Was the first PGA message set
• HTS numbers are flagged as:
– AL1 (Lacey Act specific data may be required)
– AL2 (Lacey Act specific data is required)
• Lacey can be filed via ACE PGA message set, Paper or APHIS’s
Lacey Act Web Governance System
• Lacey Disclaims are:
– A - Product not regulated by this agency (AL1 only)
– B - data is not required per agency guidance (AL1 only)
– C - data filed through other agency means (if Lacey is filed thru LAWGS)
– D - data filed through paper (if the physical PPQ 505 is mailed to APHIS)
• USDA APHIS Lacey Act contact email address:
ace.itds@aphis.usda.gov
APHIS – Core
• APHIS and CBP Agriculture will also utilize a Document Imaging
System (DIS) to supplement the data submitted via the PGA
Message Set
• Additionally certain documents may still require physical
documentation. Most commonly these are documents issued by
foreign governments.
APHIS – Core
• One of the most complex PGAs message sets
• APHIS has four “Core” program codes: Veterinary Services (AVS),
Animal Care (ACC), ABS (Biotech Regulatory Services) and Plant
Protection and Quarantine (APQ)
• APHIS Core optional to participate (you can still do paper), but is
open to all filers.
• APHIS intends to utilize the PGA Message set to receive electronic
data found on many of the paper import documents required to
accompany agriculture shipments. LPCOs are currently utilized to
further identify commodities, certifying their health, provide import
conditions, and instructions for proper inspection. It is expected that
this conversion will eventually eliminate much of the need for paper
documents in hopes of increasing the speed of clearance.
APHIS – Core
Document/Form Description Form # PGA DIS Paper
Animal Care - Health Certificate 7041 PGA
Continuation Sheet for Application for Import Permit for Dogs 7040A PGA
Continuation Sheet for Veterinary Treatment Agreement 7043A PGA
Animal Care - Veterinary Treatment Agreement 7043 PGA
Application for Import Permit for Dogs 7040 PGA
Import Permit for Dogs 7040B PGA
Rabies Vaccination Certificate 7042 PGA
Interstate Movement, Importation or Courtesy Permit 2000 PGA
Foreign Site Certificate of Inspection and/or Treatment PPQ-203 PGA
Notice of Arrival PPQ-368 PGA
Permit to Import Soil PPQ-525B PGA
Application for Permit to Move Live Plant Pests or Noxious Weeds PPQ-526 PGA
Application for Permit to Import Timber or Timber Products (SDS) PPQ-585 PGA
Permit to Transit Plants and/or Plant Products, Plant Pests, and/or Associated Soil through the United States PPQ-586 PGA
Permit to Import Plant or Plant Products PPQ-587 PGA
APHIS – Core
Document/Form Description Form # PGA DIS Paper
Controlled Import Permit PPQ-588 PGA
General Permit to Engage in the Business of Import, Export, or Re-Exporting Terrestrial Plants PPQ-622 PGA
Foreign Government Sanitary Certificate (Veterinary Health Certificates) N/A PAPER
U. S. Veterinary Biological Product Permit 2006 DIS
U. S. Veterinary Permit for Importation & Transportation of Controlled Materials and Organisms and Vectors VS16-6A PGA
U.S. Permit to Import (Includes Transit) VS17-135 PAPER
Declaration of Importation (Required to Accompany Animal) VS17-29 PGA DIS
Application for Inspection and Dipping VS17-32 PGA DIS
Agreement of Pet Bird Owner (U.S. Origin Returning) VS17-8 PAPER
Foreign Meat Certificate N/A PAPER
STAT Supporting Statement N/A DIS
Phytosanitary Certificate (Issued by Country of Origin) N/A PAPER
Foreign Government Health Certificates (including dip certificates, spay certificates, test charts, etc.) N/A PAPER
Various import documents (invoices, packing list, etc.) N/A DIS
PGA Update:
Reporting
Process in ACE
EPA
NMFS
AMS
EPA
• Disclaims
– All tariffs now have the “May be required”
EPA flag. • EP1 (ODS)
• EP3 (VNE)
• EP5 (PST)
• EP7 (TSCA)
• The importer is responsible to file EPA when
needed regardless of the flag or lack thereof.
EPA
• Disclaim Reason Codes
– A – product not regulated by agency
– B – data not required per agency guidance
Example: Original Equipment Manufacturers
(OEMs) who are importing on-road and/or non-road
vehicles and engines with certificates of conformity,
are not required to file V&E Declarations but must
disclaim with “B”
EPA
• Disclaim Reason Codes
– C – data filed through other agency means
(DIS)
• Use the Correct EPA Codes for documents
– D - data filed through paper
EPA • Understanding the Status
– TSCA
• Successful filing: entry accepted and May
Proceed
• Unsuccessful filing: entry rejected (bucket 1 reject)
EPA • Understanding the Status
– Pesticides
• Successful filing: entry accepted and May
Proceed
• Unsuccessful filing: entry rejected (bucket 1 reject)
• Unsuccessful filing: entry accepted and Hold
Intact (bucket 2 failure)
EPA • Understanding the Status
– VNE
• Successful filing: entry accepted and May
Proceed
• Unsuccessful filing: entry rejected (bucket 1 reject)
• Unsuccessful filing: entry accepted and “Data
under PGA Review”
– It’s not really under review!
– Bucket 2 failure
NMFS / SIMP • Seafood Import Monitoring Program
– Affected Priority Seafood Species *Abalone, Atlantic Cod, Blue Crab (Atlantic),
Dolphinfish (Mahi Mahi), Grouper, King Crab (red),
Pacific Cod, Red Snapper, Sea Cucumber, Sharks,
*Shrimp, Swordfish and Tunas (Albacore, Bigeye,
Skipjack, Yellowfin, and Bluefin).
NMFS / SIMP • Data fields
– 3 character Species Code • http://www.fao.org/fishery/collection/asfis/en
• Subset of codes
NMFS / SIMP • Data fields
– NMFS IFTP Permit number or “Other
authorization to Fish”
– Harvest Description Code • HCF = Harvest Capture Fisheries / “Wild Caught”
• HBA = Hatchery based aquaculture
– Country
– Location
– Parties and Vessel Info
NMFS / SIMP • Seafood Import Monitoring Program
• More info:
• http://www.iuufishing.noaa.gov/Recommendations
andActions/RECOMMENDATION1415/FinalRuleT
raceability.aspx
AMS (USDA) • Marketing Order Quality Inspection
– Requests for Inspections, Exemptions,
Testing etc…
• Import Egg Inspection
• Import Peanut Inspection
AMS (USDA) • Marketing Order Quality Inspection
• UNSPSC codes - The United Nations Standard
Products and Services Codes
Thank You! Questions?
Russell Statman, Esq.
Executive Director
Registrar Corp Headquarters
144 Research Drive
Hampton, Virginia
USA 23666
P: +757-224-0177
F: +757-224-0179
E: info@registrarcorp.com
www.registrarcorp.com
Tom Kuerbs, LCHB
Descartes Systems Group
Telephone: (800)419-8495
x458214
Email:
tkuerbs@descartes.com
Twitter: @CBPWarrior
www.descartes.com
Craig Seelig
Product Manager –
Customs and Compliance
WiseTech Global Inc.
Craig.Seelig@wisetechglobal.com
www.wisetechglobal.com
Moderated by: Mark Hirzel, Past President - Los Angeles Customs Brokers and Freight
Forwarders, Inc.
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