State Department Now Requires Original DS-2031 for Imports of Shrimp from Uncertified Countries (Grace Period Through January 31)
According to State Department sources, the State Department has implemented a change in policy with respect to the importation of shrimp and shrimp products (shrimp) into the U.S. from countries that have not been certified as meeting the requirements of Section 609 of P.L. 101-162, as follows:
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Imports from uncertified countries will have to be accompanied by the original DS-2031 form. Faxes or copies of the original will no longer be accepted for imports from uncertified countries.
However, copies and faxes of the DS-2031 form will still be accepted for imports from certified countries.
Grace Period to Extend Through January 31, 2005
Sources state that a "grace period" will extend through January 31, 2005 during which time faxes and copies of the DS-2031 form for imports from uncertified countries will continue to be accepted.
State Department Intends to Issue New Announcement Clarifying Policy Change
These sources added that the State Department intends to issue a new announcement in order to clarify this change in policy, and that U.S. Customs and Border Protection (CBP) has been notified of the correct policy and grace period.
Consequently, these sources state that CBP's administrative message 04-2539, which simply stated that DS-2031 documents can no longer be copies or faxes of the original, is incorrect.
In addition, a December 9, 2004 State Department Media note will be reissued to clarify the above policies.
(Importation of all shrimp and shrimp products associated with the Harmonized Tariff Schedule codes (0306.13.00, 0306.23.00, 1605.20.05, and 1605.20.10) should be accompanied by a properly executed and completed DS-2031 form.
Section 609 of P.L. 101-162 prohibits the importation of certain shrimp and products of shrimp harvested in a manner that may adversely affect sea turtle species. According to the State Department, this import prohibition does not apply in cases where it certifies annually to Congress either that: (1) the government of the harvesting nation has taken certain specific measures to reduce the incidental taking of sea turtles in its shrimp trawl fisheries, or (2) the fishing environment of the harvesting nation does not pose a threat to sea turtle species.)
(See ITT's Online Archives or 05/18/04 news, 04051825, for BP summary of most recent State Department certifications.)
State Department Contact - James Story (202) 647-2335
State Department Media Note, which is in need of clarification (dated 12/09/04) available at http://www.state.gov/r/pa/prs/ps/2004/39626.htm
CBP Adm: 04-2539 (incorrect) (dated 12/14/04) available athttp://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2004/2004-2539.ADM