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CBP Clarifies its Announcement of the ABI, FDA Prior Notice Software Modifications That Take Effect April 14, 2004

U.S. Customs and Border Protection (CBP) has issued an administrative message amending one aspect of its original message that announced several changes that would be made to ABI and FDA software, effective April 14, 2004, to improve the process for filing FDA Prior Notices of imported foods.

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Among other things, the original administrative message stated that certain edits would be relaxed so that Prior Notice of imported foods (PN) would be allowed to be filed on tariff records marked with an FD1, FD2 or "no FD marker" (i.e. blank).

FDA Now States That Transmission of 'P' (PN Data Required) Won't Trigger Rejects Until August 13

CBP's amended message continues to state that, effective April 14, 2004, if the FDA looks for PN data based on the FDA product code and finds none, it will transmit the letter 'P' (PN data required) in the BN02 record of the BN application. However, as amended, CBP's message now states that during the discretionary enforcement period (i.e., through August 12, 2004), this is an informational status only.

CBP's amended message also now states that after August 12, 2004 (when the discretionary enforcement ends), FDA will transmit the letter 'P' and the entry will be placed in Prior Notice reject status in ACS.

(CBP's original message had indicated that effective April 14, 2004, if the FDA transmits the letter 'P" (PN data required), the entry would be placed in Prior Notice reject status in ACS (without any provision for an informational status during the discretionary enforcement period).)

(See ITT's Online Archives or 03/26/04 news, 04032610, for BP summary of CBP's original March 24, 2004 message (Adm: 04-0586).)

CBP's amended ABI administrative message (Adm: 04-0802, dated 04/07/04), availablefromBP via email or fax by emailing documents@brokerpower.com.