Customs Corner
Trade and Customs Updates
Revision to the Sec 232 Steel & Aluminum Exclusion Process
The Bureau of Industry & Security (BIS) is seeking comments on a proposal to revise the Section 232 steel & aluminum tariff exclusion process as published in a Federal Register notice on 25 Aug 2023.
This proposed rule serves two functions. First, it seeks comments, as required by Proclamation 10328. Second, it responds to the outstanding comments received in the broader Section 232 exclusions process interim final rule. The proposed rule finalizes the Sec 232 exclusion process.
There are four components to this proposal –
- It creates a more efficient Generally Approved Exclusions (GAE) process. BIS proposes changing the criteria that has generally been used for GAEs from the HTS that have received no objections to HTS classifications (or subproducts) with very low rates of successful objections. The current criteria have focused most heavily on whether an HTS has received objections.
- The proposal addresses the need to create a more efficient Sec 232 exclusions process by introducing a General Denied Exclusions (GDE) process.
- BIS is using this proposed rule as an opportunity to modify the existing certification language and introduce new certification requirements for exclusion requests. BIS is proposing modifications to the existing certification on the Exclusion Request Form.
- BIS is proposing similar certification language on the objection form to further ensure objectors can supply comparable quality and quantity steel or aluminum and make it “immediately available” to requestors in line with the standards described in the previous Sec 232 interim final rule.
Comments on this proposed rule must be received by BIS no later than October 12, 2023.
FDA Signs Partnership with Ecuador for Shrimp Imports
On 25 Aug, the US Food and Drug Administration (FDA) signed a Regulatory Partnership Arrangement (RPA) with Ecuador’s seafood regulatory authority to strengthen food safety in shrimp intended for the US market. Shrimp is the most consumed seafood in the United States, the vast majority of which is imported. Ecuador is one of the leading exporters of aquacultured shrimp to the United States.
The first of its kind, this regulatory partnership serves as an arrangement between the FDA and the Vice Ministry of Aquaculture and Fisheries (VMAF) to work more closely to reinforce food safety practices along the entire supply chain. Such arrangements aim to leverage commodity-specific oversight systems — in this case, involving imported aquacultured shrimp — along with data and information to strengthen food safety before and at the port of entry.
The FDA thoroughly assessed the strength of Ecuador’s aquacultured seafood safety system and examined important parts of VMAF’s programs and capabilities. This includes an assessment of key aspects of Ecuador’s regulatory framework for shrimp, including a review of its:
- Legal framework;
- Inspection and enforcement capabilities;
- Verification and audit programs;
- Aquatic animals’ disease prevention and surveillance programs;
- Illness outbreak responses;
- Training; and
- Laboratory resources.
Through this assessment, the FDA is confident that Ecuador has key components of a food safety oversight system for shrimp and shrimp products intended for export to the U.S. As a result of the assessment, the FDA will be able to leverage data and information from Ecuador for our regulatory decision-making. Also, Ecuador will leverage data analytics from the FDA to inform their regulatory activities.
This new RPA with Ecuador sets forth how FDA and VMAF intend to collaborate with one another to:
- Share information on best practices, food safety policies, and regulatory approaches to address the safety of shrimp.
- Ensure prompt notification and response to adverse food safety events such as illnesses, recalls, and outbreaks.
- Promote and conduct training, including FDA Import Operations, Basic HACCP, Train-the-Trainer HACCP, Good Aquaculture Practices, Good Fishing Vessel Practices, and seafood decomposition detection.
- Participate in shrimp inspections, audits, and investigations.
FDA has already been sharing information with VMAF since the CC was signed, including import refusals, compliance actions, and detailed sampling results. In response, VMAF has provided information to the FDA on Ecuador’s regulatory follow-up to these events.
Additional Information
FDA Issues Proposed Rule on Canned Tuna Standards
On 24 Aug 2023, the US Food & Drug Administration (FDA) issued a proposed rule to revise the standard of identity and standard of fill of containers for canned tuna. If finalized, the proposed rule would, among other things:
- Revise the weighing methods used to determine the standard fill of the container;
- Allow the use of safe and suitable flavorings and spices as optional ingredients, and
- Clarify that the use of a packing medium is optional
The proposed rule responds, in part, to a citizen petition submitted by Bumble Bee Foods, LLC, StarKist Co., and Tri Union Seafoods, LLC (dba Chicken of the Sea International).
Standards of identity and fill of containers were established for canned tuna in 1957. Although the standards have been amended several times, certain requirements appear to be outdated.
Standards of identity set requirements related to the content and production of certain food products. The FDA aims to modernize food standards to maintain the basic nature and nutritional integrity of products while allowing industry flexibility for innovation to produce more healthful foods
Comments on the proposed rule should be submitted within 90 days after publication in the Federal Register. You may submit electronic comments to https://www.regulations.gov/ to docket number FDA-2016-P-0147.
All written comments should be identified with the docket number FDA-2016-P-0147 and with the title “Fish and Shellfish; Canned Tuna Standard of Identity and Standard of Fill of Container.”
Additional Information:
APHIS Announces Webinars for 2023 Agricultural Quarantine and Inspection (AQI) User Fees
On 11 Aug 2023, APHIS published a proposed rule in the Federal Register outlining proposed changes to its user fees charged for certain Agricultural Quarantine and Inspection (AQI) services. In association with this proposed rule, APHIS will host six webinars for stakeholders impacted by each fee. Each webinar targets a separate fee area and will last approximately 60 minutes. Recordings will be posted for those who cannot attend the live session.
Body: On 11 Aug 2023, APHIS published a proposed rule in the Federal Register outlining proposed changes to its user fees charged for certain Agricultural Quarantine and Inspection (AQI) services. In association with this proposed rule, APHIS will host six webinars for stakeholders impacted by each fee. Each webinar targets a separate fee area and will last approximately 60 minutes. Recordings will be posted for those who cannot attend the live session.
Date | Time (ET) | Audience (Fee Area) |
September 12, 2023 | 11:00 a.m. to 12:00 p.m. | Commercial Air and Air Passenger |
September 12, 2023 | 3:00 p.m. to 4:00 p.m. | Commercial Truck |
September 13, 2023 | 11:00 a.m. to 12:00 p.m. | Commercial Vessel |
September 13, 2023 | 3:00 p.m. to 4:00 p.m. | Commercial Rail |
September 14, 2023 | 11:00 a.m. to 12:00 p.m. | International Cruise |
September 14, 2023 | 3:00 p.m. to 4:00 p.m. | Treatment Provider |
To learn more about the 2023 AQI user fee proposed rule and the associated stakeholder webinars, please visit the AQI User Fee webpage at USDA APHIS AQI User Fees.
