Import Restrictions on Certain Mexican Fish and Fish Products
Update: Immediate Import Restrictions on Fish and Fish Products from Mexico Caught with Gillnets
This is an update in response to the Notification published by the National Oceanic and Atmospheric Administration (NOAA) in the Federal Register on August 28, 2018, entitled “Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products from Mexico” (83 FR 43796). As previously noted, in response to a United States Court of International Trade order and in cooperation with the National Marine Fisheries Service (NMFS), U.S. Customs and Border Protection (CBP) imposed immediate import restrictions on fish and fish products from Mexico caught with gillnets deployed in the range of the vaquita, a species of porpoise endemic to northern Gulf of California waters in Mexico and listed as an endangered species under the U.S. Endangered Species Act.
This action continues the existing prohibitions on the importation into the United States from Mexico of all shrimp, curvina, sierra, and chano fish and fish products harvested by gillnets in the upper Gulf of California (UGC) within the vaquita’s geographic range. To effectuate the court order, beginning on August 14, 2018, CBP and NMFS required that all imports of shrimp, curvina, sierra, and chano fish and fish products from Mexico as country of origin be accompanied by the “U.S. Import Certification of Admissibility” set forth below.
In addition, to ensure complete, effective, and immediate implementation, CBP and NMFS required that all other fish and fish products not within the scope of the import restrictions but imported under the attached HTS codes list from Mexico as country of origin be accompanied by the certification set forth below.
This message is notice that as part of the continued interim procedure, and in accordance with the August 28, 2018 Federal Register Notice referenced above, effective immediately either the NMFS CERTIFICATION OF ADMISSIBILITY, available at https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions or the statement of “U.S. Import Certification of Admissibility” set forth below, must accompany imports of fish and fish products under the Harmonized Tariff Schedule (HTS) codes [link to list of HTS codes] from Mexico as country of origin. CBP will be permit the use of the statement of U.S. Import Certification of Admissibility for the transitional period ending October 14, 2018 at 11:59 p.m. to provide the trade sufficient time to fully comply with the newly-instituted procedures. We strongly urge the immediate use of the NMFS CERTIFICATION OF ADMISSIBILITY [link to form OMB 0648-0651]. Following the conclusion of the transition period ending October 14, 2018 at 11:59 p.m., this will be the only permitted form. This form requires the signature of an appropriate Mexican Government official.
Beginning October 15, 2018 at 12:00 a.m. all entries of shrimp, fish and fish products originating from Mexico must be accompanied by the “Certificate of Admissibility” ([link to form OMB 0648-0651) signed by one of the 14 duly authorized official of the Mexican government. The signed “Importer Statement of Admissibility” will no longer be a sufficient form of certification. The Certificate of Admissibility, form OMB 0648-0651 must be uploaded into the Automated Commercial Environment (ACE) / Document Imaging System (DIS) using the code: “NM23”. The form Certificate of Admissibility, form OMB 0648-0651 can be submitted by email or fax, or submitted in paper to the CBP port of entry. If not submitted for applicable entries, the entire shipment is to be refused entry.
Certain processed commodities under the designated HTS codes, related to this restriction, may be disclaimed and excluded submission of all certification forms. If applicable, shipments under HTS codes 2309.90 or 2309.10; or HTS code 0511.99.3060 may be disclaimed. The importer can make this disclaimer by submitting the statement “the commodity under HTS (list the applicable HTS code) does not contain shrimp or fish products”. The disclaiming statement must be uploaded into ACE / DIS using code “NM23”, sent by email or fax, or submitted in paper to the CBP port of entry.
For complete list of Harmonized Tariff Schedule Codes please see:
NMFS Certification of Admissibility:
Instructions for Completing the Certification of Admissibility Form:
U.S. IMPORT CERTIFICATION OF ADMISSIBILITY STATEMENT -
This statement will no longer be accepted after October 14, 2018 at 11:59 p.m.
As the Importer of Record or duly authorized official/agent of the importer of record, I do hereby certify, to the best of my knowledge and belief, that the fish/fish products contained in this shipment are of species of fish or fish products, or from fisheries, not caught with gillnets deployed in the range of the vaquita, in the upper Gulf of California waters in Mexico.
Printed Name (Importer/Agent)
Please contact the Commercial Targeting and Analysis Center at CTAC@cbp.dhs.gov with any questions.