Full ABI Edits for Prior Notice of Imported Food (Phase 3 of FDA/CBP Enforcement Plan) Begins on June 4, 2004
U.S. Customs and Border Protection (CBP) has issued a press release announcing that beginning on June 4, 2004 at 6 a.m. the third phase of the Food and Drug Administration (FDA)/U.S. Customs and Border Protection (CBP) discretionary enforcement plan for the prior notice (PN) requirements of the Bioterrorism Act will be implemented.
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(Phase 3 was initially scheduled to be implemented on May 13, 2004, but was subsequently delayed until May 19, 2004 and most recently until June 4, 2004. See ITT's Online Archives or 05/19/04 and 05/14/04 news, 04051905 and 04051410, for BP summaries on previous delays.)
According to the press release, Phase 3 requires that FDA and CBP receive PN of subject food for humans and animals imported or offered for import into the U.S. Failure to provide prior notice will result in the merchandise being refused entry.
(Under the Bioterrorism Act, food products shipped by truck are required to file prior notice two hoursprior to arrival at the port of arrival, 4 hours prior to arrival at the port of arrival for rail and air, and 8 hours prior to arrival at the port of arrival for sea.)
The press release states that Phase 3 implementation will hold goods, which have not given prior notification, at the port or at an FDA registered secure facility. In addition, the carrier will have the opportunity to voluntarily export the items if compliance with the Bioterrorism Act cannot be accomplished in a timely manner or at all.
Full ABI Edits for FDA PN Data to Go Into Effect on June 4, 2004According to government sources, the cornerstone of Phase 3 is the implementation of full Automated Broker Interface (ABI) edits for FDA PN data, under which ABI warnings will no longer be generated for missing or incomplete PN data.
Under full implementation, entries submitted through ABI that contain a tariff number coded FD3 (unless disclaimed) or FD4 will be rejected by ABI if they do not contain full PN data.
In addition, for in-bond types 61 (IT) and 62 (T&E), the PN data must be filed and 'accepted' (passed all ABI edits and received a PN confirmation number) before authorization for movement is granted.
(CBP has previously noted that full FDA PN data is not required for transactions that obtain a PN confirmation number through CBP's independent PN transaction (WP) or FDA's PN System Interface (PNSI) and then sent in as a PNC affirmation of compliance.
In addition, PN can be disclaimed on lines flagged with an FD3, using the 'PND' affirmation, when the filer believes the goods are not subject to PN requirements.)
(See ITT's Online Archives or 04/21/04 news, 04042105 for BP summary of CBP administrative message on the implementation of full ABI edits.)