AMS Amends Regs on Electronic Filing of Marketing Order Exemption Forms
The Agricultural Marketing Service is amending its regulations to reflect electronic filing procedures currently in use for certifications that fruits, vegetables and specialty crops are exempt from marketing order grade, size, quality and maturity requirements, in an interim final rule that takes effect March 30 (here). The agency is also removing outdated language on grade exemption certifications for dates and raisins. AMS says the regulatory changes will support implementation of the International Trade Data System by allowing for filing of exemption certificates through the Automated Commercial Environment. Comments on the interim final rule are due May 26.
Currently, avocados, grapefruit, kiwifruit, olives, oranges, fresh prunes, table grapes, potatoes, onions, tomatoes, walnuts, certain dates, and pistachios may be exempt from marketing order grade, size, quality and maturity requirements, so long as they are for certain uses such as charity, processing, or animal feed. To qualify for an exemption, importers and receivers must file Form FV-6 (“Importer’s Exempt Commodity Form”) with AMS. Although most importers and receivers currently file the form using the Marketing Order Online System (MOLS), agency regulations for most exempt commodities only provide for paper filing.
AMS is therefore amending the sections of the agency’s regulations on to provide for electronic filing of Form FV-6. The interim final rule also reorganizes the regulations on marketing order exemptions, and clarifies that a customs broker is considered an importer when acting as an importer’s representative. Date and raisin exemption requirements are updated to remove obsolete filing deadlines for Form FV-6 that were associated with an old and unused form but never removed.
The new regulatory language allowing for electronic filing does not specify use of MOLS for filing form FV-6, and AMS said it is currently developing a new electronic filing system called the Compliance and Enforcement Management System (CEMS) that will link with ACE as part of the ITDS Single Window. The CEMS system will “include several components,” including a module for filing Form FV-6 that will replace MOLS, said AMS. The agency will allow filing of Form FV-6 in MOLS until the new system is online, it said.
(Federal Register 03/25/15)