Applications Being Processed Under Export Facility Requirements for China, USDA Says

USDA has begun reviewing and processing export facility registration applications as part of China’s Decree 248, a recently enacted Chinese law that requires certain foreign production facilities to register with the country’s customs agency, USDA’s Foreign Agricultural Service said in a report this month.

China first notified USDA of the new registration rules under Decree 248 in 2021 (see 2110130022), but the agency said no U.S. applications have been approved, partly because the new procedures were unclear (see 2312210037) and required USDA to “implement a workable registration process for new applicants under Decree 248.”

The agency announced June 6 that it has now begun reviewing, processing and transmitting applications to China that it has received since January 2022. USDA said applications are being processed that have been submitted under the U.S. FDA Export Listing Module (ELM) and China’s Import Food Enterprises Registration (CIFER) system. USDA stressed that applicants must submit information to both the U.S. ELM and the Chinese CIFER systems because they “are not linked and do not transmit any data between each other.”

“Please note that FDA will NOT review and process your application in the ELM system until your establishment has submitted an application in the CIFER system,” the agency said. “Applications in both systems must be submitted before action will be taken.”

The report outlines the steps applicants need to take when applying under Decree 248.