NMFS Working on Targeting, Messaging Prior to Sept. 20 ACE Deadline

The National Marine Fisheries Service is working on screening and targeting criteria to determine what entries subject to new International Fisheries Trade Permit (IFTP) and ACE filing requirements it will select for manual review, said Christopher Rogers, assistant director of the international fisheries division of the NMFS Office of International Affairs and Seafood Inspection, during a Sept. 1 webinar. Given the large number of entries the agency will have to review once ACE filing becomes mandatory for NMFS data on Sept. 20, the agency will rely on the criteria to decide whether to review entries before or after the shipment is released, he said.

NMFS also has to work out its messaging with CBP to indicate to importers whether delays are the result of manual review, Rogers said. Normally, if the NMFS partner government agency (PGA) message set has been received, the IFTP validates, and any required document imaging system (DIS) submissions have been received and associated with the entry, the filer will get a “may proceed.” NMFS will only elect to manually review the entry if, in “real time,” it has questions for the importer or concerns, he said. In that case it will notify CBP and ask the agency to put a hold on the shipment to prevent release until NMFS’s concerns are satisfied, which may include contacting the importer for clarification. If NMFS decides to review an entry, it will notify CBP as well as the importer of record and the entry filer that it is taking action, Rogers said.

Under the Aug. 3 final rule that created the IFTP (see 1608020016), the new permit is required for imports of fish regulated under the Highly Migratory Species (HMS), Antarctic Marine Living Resources (AMLR) and Tuna Tracking and Verification Program (TTVP) programs only, Rogers said. These programs cover about 35 Harmonized Tariff Schedule (HTS) numbers, he said. All other marine products imported and exported, which cover more than 700 HTS codes, do not require that the importer hold an IFTP or the filing of additional information via the NMFS PGA message set or DIS, he said. Importers and filers should consult these HTS codes to determine whether their products are covered. For example, despite the inclusion of many species of tuna under both the HMS and TTVP programs, some species of fresh tuna may not be subject to the new permit and filing requirements. A proposed rule issued by NMFS in February would also require the IFTP for seafood NMFS deems high-risk (see 1602040020), but those regulations are yet to be finalized.

NMFS has been contacting importers that hold an HMS or AMLR permit with instructions to convert their existing permits to the new IFTP using the National Permit System, Rogers said. TTVP does not currently require a permit, so importers of covered products will have to apply for a new one via the National Permit System, he said. Though NMFS data isn’t required in ACE until Sept. 20 (see 1608150011), Rogers said ACE filing is available, and encouraged filers to try the new system before it becomes mandatory. NMFS posted slides from an identical presentation used in a webinar held in August (here).