CBP Instructions on the Re-Entry of U.S. Goods Refused Entry in Foreign Countries Due to BSE
U.S. Customs and Border Protection (CBP) has issued a notice on the re-entry of U.S. goods refused entry in foreign countries due to Bovine Spongiform Encephalopathy (BSE, also known as mad cow disease) restrictions.
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CBP states that it continues to work closely with the Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service (APHIS) to allow exported U.S. origin ruminant materials refused entry at foreign ports to be offloaded in the U.S. According to CBP, this does not represent a new policy; but is a reiteration of an existing APHIS policy for U.S. returned goods.
CBP also reminds importers and exporters that these shipments are covered under provisions of the Jones Act and, although CBP does not have the authority to waive the penalties for any violations of this Act, it is committed to working with the carriers in the mitigation process.
U.S.-Origin Meat and Meat Products Denied Entry and Returned to U.S.
According to CBP, for U.S. origin meat and meat products (i.e, cured and dried, cooked perishable, fresh (chilled or frozen)1, denied entry into a foreign country and being returned to the U.S., CBP must have:
a complete inbound cargo declaration for the vessel
one bill of lading for each shipment listing the exporting shipper as the importing consignee
foreign port of origin should be listed as the foreign port where the cargo was refused
cargo description should indicate that the shipment is ruminant meat materials of U.S. origin being returned to the U.S.
inbound shipper should be identified as either the inbound consignee or the carrier
Additional requirements:
a copy of FSIS Form 9060-5, Export Certificate, from all countries except Canada, for which a copy of the FSIS Form 9135-3, Certificate for Export of Meat and Poultry Product, is required
shipping documents (initial export documents) matching the information on the FSIS form
all boxes or cartons and their contents must be identified on the accompanying documentation
only unopened boxes or cartons may be returned to the U.S. If the shipment is containerized, the original export seal must be intact
boxes and cartons must be marked to confirm that the consignment is of U.S. origin
1 Canned, shelf-stable U.S. origin meat and meat products are allowed unrestricted re-entry into the U.S.
CBP states that its port personnel will review all paperwork. CBP also states that the shipment will be inspected by CBP and released if all requirements are met.
According to CBP, any shipment that does not meet the requirements will be placed on hold and handled through USDA's National Center for Import and Export (NCIE).
(See ITT's Online Archives or 01/02/04 news, 04010200, for most recent BP summary on USDA protection measures related to U.S. BSE (mad cow) case.)
NCIE contact - 1-866-873-2157 (toll free)
CBP contact - Office of Trade Relations (202) 927-1440
Up-to-date list of countries that have taken action against U.S. ruminant products available at
http://www.aphis.usda.gov/lpa/issues/bse/bse_trade_ban_status.html.
CBP notice available via fax or email by emailing staff@brokerpower.com.