October 4, 2013
Dear Customer,
Further to our previous communications on the subject, below please find updated information on the U.S. government shutdown's effect on various government agencies:
U.S. Customs & Border Protection (CBP)
Import entry processing by CBP is currently mostly unaffected by the shutdown as all front line personnel are exempt from the shutdown, including port inspectors, agricultural inspectors, revenue staff (import specialists, duty collection, drawback, fines and penalties staff), the Border Patrol and Air and Marine.
CBP has noted of potential delays in the processing of continuous entry bonds. As well, the Foreign-Trade Zones Board offices are currently closed.
Food & Drug Administration (FDA)
The FDA website is not being actively updated and contains no information on their current status. However, the FDA offices at different ports have been issuing notices regarding their status. Based on the information received, the FDA offices are still open and performing inspection/clearance of FDA regulated imports. However, with their limited resources, they are focusing only on performing their critical functions, which include:
- Entry Review
- Field Examinations
- Sample Collections
- Compliance
- Exports
- Destructions
- Consumer Complaints
- Emergency Response
While inspections/clearances are being performed, the FDA has been very clear that delays may occur. Some offices have noted their staffing is such that they are currently focusing only on handling perishable shipment (expiring within 30 days) and live-saving shipments. They state they will attempt to process all of the other entries as resources permit.
Importers of products subject to FDA must be made aware that subject imports may experience delays in FDA review/release.
U.S. Fish & Wildlife (F&W)
There has been extremely limited information from U.S. Fish & Wildlife (F&W) regarding their status during the government shutdown.
Per a fact sheet on DOI (Department of Interior) website, no F&W permitting work or consultations will occur with respect to:
- Endangered Species Act,
- Bald and Golden Eagle Protection Act,
- The Convention on Trade in Endangered Species (CITES),
- The Lacy Act or the National Environmental Policy Act.
We have received some basic information from some F&W offices. They state that Wildlife Inspectors are working, however their declaration system is not. If a party has a pending eDec that they have already filed and is not cleared, F&W will not be able to access it until sometime after the furlough is over. The party will want to consider submitting a paper declaration with payment by check (unless the party has already paid the fees online). For filers who choose or have to file a paper form, they must file the original declaration, and up to two copies to be retained by the Importer/Exporter or Broker. All filers are required to provide all relevant information, including supplemental documentation (as required in 50 CFR 14).
USDA – APHIS
The government shutdown has resulted in the closure of the APHIS website, affecting on-line access to information. As such, there will be no online review or authorization of notifications or permits for the importation, interstate movement, or field release of genetically engineered organisms.
However, APHIS has alerted that the PPQ ePermits System can still be accessed via https://epermits.aphis.usda.gov. PPQ will continue to process permit applications for the following permit forms: 525, 526, 546, 585, 586, 587, 588, and 621. USDA is not receiving mail at this time; therefore all permit applications must be sent electronically, either through the ePermits System or via fax at the numbers provided below. Payments required for PPQ Form 621 applications may be submitted through pay.gov. For additional questions, please contact F&W's Customer Support Service at (301) 851-2046 or (877) 770-5990 for plants and plant products or (866) 524-5421 for soil and pest permits.
PPQ applications must be faxed to the corresponding fax numbers below:
- PPQ 525 (soil) and PPQ 526 (live plant pest) – (301) 734-8700
- PPQ 546 (post entry quarantine) – (301) 734-5786
- PPQ 585 (timber and timber products) – (301) 734-8529
- PPQ 586 (transit) – (301) 734-0572
- PPQ 587 (fruits and vegetables, plants for planting, and other miscellaneous and processed products) – (301) 734-5786
- PPQ 588 (controlled import permit) –- (301) 734-8529
- PPQ 621 (protected plant permit) – (301) 734-5786
There is also notice that certain USDA certificates (USDA Veterinary Certificates and Additional Declarations) are not being issued and there is no alternative document that can be furnished as a substitute. These documents may be required by certain foreign jurisdictions for U.S. products so would affect companies trying to export products subject to the requirements.
EPA
For pesticide importations, the EPA form 3440-1must be completed & submitted to EPA and signed off before the release. However, the EPA offices that handle this are closed due to the shutdown. We have asked for clarification from CBP on what to do in the meantime.
BIS/DDTC
The Bureau of Industry and Security (BIS) states that export license applications, commodity classification requests (CCATS), encryption reviews, encryption registrations and advisory opinion requests are not being accepted and that any that are pending will be held without action. No final determinations will be issued, and the SNAP-R application is not available.
The Directorate of Defense Trade Controls will be open for normal operations at least through Oct. 4, and regular DDTC functions such as requests for new or renewing registrations will continue under normal conditions until further notice. Both agencies are accepting requests for emergency export license processing.
Please note that the following processes are not currently affected and are continuing as usual: - AES Filings
- AMS Filings
- ISF Filings
- FMC Tariff Filings
While regular Customs entries should continue to flow as normal, it is possible that imports subject to OGA (i.e. FDA, USDA, F&W, etc.) review and clearance will experience delays during the government shutdown period – and, after it ends, there will certainly be backlogs.
Importers whose goods are subject to OGA permits or licenses should ensure they have obtained them prior to shipping. Importers may experience delays or inability in obtaining those permits/licenses until the shutdown is over.
DHL will continue to gather information on what effects the shutdown is having on importers. Additional information will be broadcast as it becomes available.
If you have any questions, please contact your DHL Global Forwarding representative or chb.consulting@dhl.com.
Best Regards,
Paul Vroman
Manager, Regulatory & Compliance Consulting and Projects
DGF USA
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