FSIS Updates Importers and Brokers on Move to Electronic Filing of Inspection Applications

The Food Safety and Inspection Service recently posted a letter (here) to importers with information on the agency’s transition to electronic filing of import inspection applications through the participating government agency (PGA) message set in the Automated Commercial Environment. FSIS issued a final rule in September (see 14091910), in part to facilitate its transition to electronic filing. Compliance with the rule is required by March 18. In the letter, FSIS said it is “important for importers and brokers to begin adopting and participating” in electronic import processes, “which will help ensure that FSIS meets the goals and deadlines” of the Obama administration’s single window initiative. “FSIS strongly encourages importers and brokers to work together closely in meeting FSIS import requirements,” it said.

Electronic filing for all by November 2015. FSIS has been running a pilot since April 2014 on the use of the PGA message set in ACE to file FSIS import inspection applications. The agency’s final rule in November made it possible to file only the electronic inspection application, and not a paper Form 9540-1. Although the pilot initially only included two customs brokers and three ports of entry, FSIS says it intends to expand the pilot to all ports and interested brokers and importers by November 2015, in line with CBP’s deadline for mandatory filing in ACE. FSIS will “soon provide information” on upcoming events that will “give importers and brokers an overview of the FSIS PGA Message Set and outline the next steps for the industry,” it said.

Prior notification. FSIS’ final rule required that inspections for import inspection be filed no later than when the import entry is filed with CBP. Filing of the application through ACE will satisfy this prior notification requirement, said FSIS in the letter. Applicants that still use paper applications must file their Form 9540-1 before arrival of the shipment at the port of entry or other FSIS-approved location, no later than when the entry is made with CBP, it said. FSIS inspection personnel will then enter the information on the form into the agency’s Public Health Information System (PHIS) import component. If FSIS has not received the application before the shipment’s arrival, it will notify the establishment that future shipments that don’t meet prior notification requirements “will likely be refused entry,” it said.

Revised inspection application. Beginning on March 18, 2015, importers and brokers that don’t use the PGA message set must file a revised Form 9540-1 that includes additional information required by FSIS’ final rule, including the production date when a country, foreign establishment, or specific product has been de-listed or re-listed as eligible for export. If product codes are used in place of production dates, these codes must be translated into dates (mm/dd/yyyy) on the inspection certificate, said FSIS.