CBP's ACS Programming Changes for Prior Notice Final Rule Requirements Scheduled for January 13, 2010
U.S. Customs and Border Protection has issued a CSMS message announcing that the Automated Commercial System programming changes required for implementing changes brought by the Food and Drug Administration's final rule on prior notice (PN) of food (including animal feed), which is imported or offered for import into the U.S., are scheduled to be moved to production on January 13, 2010.
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CBP previously announced that the ACS computer changes would not be ready for the May 6, 2009 effective date of the final rule and notified filers who file through ABI of changes they should be familiar with since they would need to adjust or retain their PN submissions. (See ITT's Online Archives or 05/05/09 news, 09050505, for BP summary.)
According to CBP sources, similar ACE programming changes are tentatively scheduled to be moved into production in January 2010, and the dates may coincide.
(The final rule, which was effective May 6, 2009, modified the FDA's 2003 interim final rule that implemented the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. Both the interim final rule and final rule require PN to be submitted to FDA electronically via CBP's automated system(s) or FDA's Prior Notice System Interface (PNSI). Food imported or offered for import without adequate PN is subject to refusal and, if refused, must be held.)
Modifications Will Affect PN Data Submitted in Certain ABI Applications
The modifications will affect PN data when it is submitted in one of the ABI applications listed below:
| WP | PN FDA/BTA Submission | HN | Border Cargo Release |
| HI | Cargo Release | EI | ACS Entry Summary |
| AE | ACE Entry Summary | CP | OGA Correction/Replace |
Changes to FDA PN Edits, CATAIR Appendix O Updates
The following changes will be made to the FDA PN edits and will be updated in Appendix O (FDA Affirmation of Compliance (AofC) Codes) of the CATAIR:
Multiple records for certain AofC codes. Multiple FD05 records for AofC codes "CNO" - Container Number and "RNO" - Rail Car Number will be permitted for the WP.
Certain registration exemption codes removed. The following registration exemption codes will be removed for the AofC code "FME" - "FDA PN Manufacturer Registration Exemption Affirmation of Compliance Code" and if transmitted will cause a reject:
| G | Individual gift - label name address in lieu of registration number |
| I | Samples - quality assurance, research or analysis purposes only |
| J | U.S. manufacturing facility that is not required to register |
| L | Unable to determine identity of the manufacturer - providing identity of manufacturer's headquarters |
| M | Unable to determine identity of manufacturer or headquarters - providing invoicing firm's identity |
| O | Gift pack for non-business purposes - providing single prior notice and identity of packer |
The existing error code and message will be provided for the ABI filer when rejects occur.
Fax number no longer required. The submitter and transmitter fax number fields will be changed from required to optional, as listed:
Submitter Fax - The edit will be changed from required to optional for the SFX AofC code
Transmitter Fax - SFX is also used for this field and will operate the same way.
Importer/consignee for T&Es optional. The edit for the Importer/Consignee field is currently required and it will be changed to optional for Importer/Consignee for T&Es.
New AofC code for email address. A new AofC code "TEM" will be created for the Transmitter Email Address and will be transmitted in one of the acceptable CBP applications via the FD05 record. This new affirmation of compliance code will be mandatory. When "TEM" is transmitted in an FD05 record the same field length, rules will apply as listed in the Other Government Agencies section of the CATAIR, Page OGA-36, for Record Identifier FD05 (Input).
Privately owned vehicle carriers license plate reporting. The country of the license plate for privately owned vehicles is no longer required, but the license plate number and the State or Province that issued the plate is still required.
PNSI Already Updated
Beginning on May 6, 2009, PNSI was available to be used to file PNs that meet the amended requirements of the PN final rule.
Questions can be directed to Client Representatives or 703-650-3500
(See ITT's Online Archives or 11/03/08, 11/21/08, and 11/24/08 news, 08110308, 08112110, and 08112410, for Parts I-III of BP's summary of the final rule.)
CSMS 09-000338 (dated 10/30/09) available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17731&page=&srch_argv=09-000338&srchtype=all&btype=&sortby=&sby
BP Note
Among other things, both the interim and final rules require PN information to be submitted and confirmed electronically as facially complete by FDA for review no less than 8 hours (for food arriving by water), 4 hours (for food arriving by air or land via rail), and 2 hours (for food arriving by land via road) before the food arrives at the port of arrival.
However, to assist importers, the final rule permits PN to be submitted no more than 15 calendar days before the anticipated date of arrival for submissions made through FDA's PNSI and no more than 30 calendar days before the anticipated date of arrival for submission made through ABI.
(Under the interim final rule, except in the case of an article of food imported or offered for import by international mail, PN could not be submitted more than 5 calendar days before the anticipated date of arrival of the food at the anticipated port of arrival.)