October 8, 2013
U.S. Federal Government Shutdown - Update III
Dear Customer,
In addition to our previous communications on the subject, below please find updated information on the U.S. government shutdown's effect on various government agencies:
Food & Drug Administration (FDA)
FDA Drug and Device Facility Registration is on hold. During the lapse period, FDA will not have legal authority to accept user fees assessed for fiscal year (FY) 2014 until a FY 2014 appropriation for FDA is enacted. This will mean that FDA will not be able to accept any regulatory submissions for FY 2014 that require a fee payment and that are submitted during the lapse period.
Therefore, the FDA will not be accepting facility registrations for drug and device production and distribution facilities during the federal government shutdown, despite the beginning of the registration period Oct. 1. All drug and device facilities that market their products in the U.S. are required by law to register, including foreign facilities whose drugs and devices are imported into the U.S.
U.S. Customs & Border Protection (CBP)
CBP Rulings are on hold. CBP has stopped processing ruling requests. The New York based National Commodity Specialist Division of Customs and Border Protection responsible for classification rulings is closed. Their phone message says, due to the lapse in appropriations and the emergency furlough, the division is closed.
CBP estimates 52,673 of its 59,561 employees (as the total number exempt and estimated) will be retained during a federal funding hiatus. These employees are exempt since they are Presidential appointees, law enforcement officers, funded by other than annual appropriations, or necessary for the protection of life and property.
CBP postpones deployment of some ACE enhancements, including the Simple Entry Pilot. CBP did not deploy a number of enhancements to ACE on October 5, 2013 due to the lapse of appropriations and subsequent emergency furlough. These enhancements include an expansion of the cargo release (also known as simplified entry) pilot, entry summary validations for the Harbor Maintenance Tax and tariff classification, and two pilot tests of partner government agency message sets.
Department of Commerce Bureau of Industry and Security (BIS)
Export Licenses are not being processed. The BIS is no longer accepting export license applications, classification requests (CCATS), encryption reviews, encryption registrations, or advisory opinion requests. Similarly, BIS will not be issuing any final determinations. The SNAP-R application on BIS's website is not available and will not reopen until the Federal Government shutdown ends. All pending export license applications, commodity classification requests, encryption reviews, encryption registrations, and advisory opinion requests will be held without action by BIS until the shutdown ends.
The BIS states that requests for emergency export license processing for national security reasons may be submitted via email to Deputy Assistant Secretary for Export Administration matthew.borman@bis.doc.gov .
DHL Global Forwarding 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
DHL Global Forwarding
U.S.
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