FDA Flag for Certain American Goods Returned Has Been Changed to FD3 (from FD1)
U.S. Customs and Border Protection (CBP) has issued an ABI administrative message stating that, effective immediately, HTS 9801.00.1097 (Other American Goods Returned) has been changed to FD3 from FD1.
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(HTS 9801.00.1097, the last subheading under HTS 9801.00.10, provides for other products of the U.S. when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad.
FD1 - indicates that an article may be subject to Food and Drug Administration (FDA)
jurisdiction, including FDA review under Section 801(a) of the Federal Food Drug
and Cosmetic Act (Act). For products not subject to FDA jurisdiction, a filer can
"Disclaim" product from FDA 801(a) notification requirements.
FD3 - indicates that an article may be subject to Prior Notice (PN) under Section
- (m) of the Act and 21 CFR Part 1, Subpart I (e.g. the article has both food and
non-food uses).)
Filers Have Three Options if Using HTS 9801.00.1097
CBP states that if using HTS 9801.00.1097, filers can:
- send complete PN information, if a food product is at issue;
- completely disclaim FDA; or
- send normal FDA (801A) data and disclaim the PN by using the PN Disclaimer (PND) as their first affirmation of compliance.
HTS 9801.00.1097 Should be Queried to Reflect Change
CBP states that HTS 9801.00.1097 should be queried in ABI, so that the new change can be reflected in filers' systems.
CBP Adm: 04-2093 (dated 09/27/04) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2004/2004-2093.ADM