JFK CBP Lists Required Docs for Processing FDA Refusal Notices

U.S. Customs and Border Protection for Field Operations in New York has issued an Informational Pipeline stating that, effective December 16, 2011, the JFK Entry Branch is responsible for processing all Refusal Notices issued by the Food and Drug Administration on entry summaries where the Harmonized Tariff Schedule number of the merchandise in question falls under the jurisdiction of a JFK Commodity Specialist Team (CST).

(A Notice of Refusal of Admission is issued under the following circumstances: (1) a response to a Notice of Detention and Hearing is not received; (2) efforts to relabel or recondition the detained shipment have failed; (3) a detained shipment has been reconditioned and FDA has agreed to export the reject material; and (4) the charges for detention are ruled to be valid. FDA refused merchandise must be exported or destroyed within 90 days from the date of refusal. Failure to comply will result in the issuance of liquidated damages and/or penalties.¹)

Lists Docs Required for Export and Destruction of Refused Merchandise

The Pipeline lists the documents required for refused shipments when unladen at the port of New York/Newark or JFK Airport where the HTS number of the merchandise in question falls under the jurisdiction of a JFK CST and the merchandise is intended for export or destruction. The Pipeline also provides the required documents for all refused shipments to provide proof of immediate exportation, transportation and exportation, or destruction. (See Pipeline for list of required documents.)

Duty Refunds Available if Requests Accompanied by Proof of Export or Destruction

Requests for administrative refund of duties previously paid on merchandise refused by FDA and subsequently exported or destroyed should be directed to the assigned Entry Specialist Team. These requests will be processed only when the request is accompanied by evidence of refusal by FDA and acceptable proof of exportation or destruction. Drawback entries may not be filed in these instances.

¹After the Issuance of the Notice of Refusal, the case is kept open until the receipt of the return copy of the Notice of Refusal from CBP showing the exportation or destruction of the shipment. Any discrepancies between the FDA quantity and the shipper's exportation or destruction quantity should be resolved with FDA. Resolutions must be documented by FDA and submitted to CBP.

Informational Pipeline No. 12-004-JFK is available via email by sending a request to documents@brokerpower.com.

Information on FDA's Notice of Refusal is available here.