CBP Issues Temporary Instructions for Supplying Prior Notice if: 1. Manufacturer Food Facility Number Cannot be Obtained 2. Format Problems Occur with BL or AWB Number
U.S. Customs and Border Protection (CBP) has issued an administrative message to ABI filers containing temporary instructions on how to supply prior notice (PN) if a filer has problems obtaining the food facility registration number for the manufacturer, or in providing bill of lading(BL)/Air Waybill (AWB) numbers because of format problems.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
CBP cautions that these temporary instructions do not constitute a change in required PN information, and that valid information should be supplied whenever possible. Moreover, if violations reflect a history of repeated conduct of a similar nature by a person who had been notified of such violations, then the action FDA and CBP staff typically will consider taking is the assessment of CBP civil monetary penalties.
(According to CBP, these temporary instructions should be read in conjunction with CBP's earlier administrative message on the enhanced edits and validations for PN scheduled to take effect on August 13, 2004. See ITT's Online Archives or 04081108 for BP summary.
With regard to this earlier message, CBP adds that the program to edit for the existence of a food facility registration number (AOC "PFR") or a valid exemption (AOC "FME") is scheduled to move into production one day late, on August 14, 2004. CBP adds that if neither AOC is present, ACS will generate the message FGN "Facility Registration Required.")
CBP's temporary instructions for ABI filers are as follows:
Manufacturer Food Facility Number Cannot be Obtained
Until further notice, if a filer cannot obtain the manufacturer's food facility registration number and there is no legitimate registration exemption reason available, filers can transmit the PFR Affirmation of Compliance (AOC) and zero-fill the PFR qualifier field (11 numeric characters).
Bill of Lading/Air Waybill Numbers
If, because of format problems, filers are unable to transmit a bill of lading, or air waybill number via the BOL and AWB AOC codes, these codes should not be transmitted.
Special Note for PNSI Users
CBP states that PNSI users should see updated PNSI Version 1.4 at http://www.cfsan.fda.gov/pn/pnsirev.html for temporary instructions on how to submit PN when the transmitter/submitter has problems obtaining the food facility registration number for the manufacturer or in providing BL/AWB numbers because of format problems.
(See ITT's Online Archives or 09/09/04 04080915 for BP summary of initial PNSI Version 1.4.)
FDA Prior Notice Center (866) 521-2297
CBP's Adm: 04-1796 (dated 08/12/04) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2004/2004-1796.ADM