State Department Will Not Require Original DS-2031 for Imports of Shrimp from Uncertified Countries Until Jan. 31, 2005

The State Department's media note states that original DS-2031 documents from uncertified countries should accompany all shipments as of January 31, 2005. The State Department notes that at that time, DS-2031 documents from uncertified countries can no longer be copies or faxes of the original.

According to U.S. Customs and Border Protection (CBP) sources, this requirement will be enforced for imports with a date of entry on or after January 31, 2005.

(State Department sources had previously said that this new requirement was effective immediately but that a grace period would extend through January 31, 2005 during which time faxes and copies of the DS-2031 form for imports from uncertified countries would continue to be accepted. See ITT's Online Archives or 12/17/04 news, 04121720, for earlier BP summary, which is now superceded by the updated media note.)

Below are additional highlights of the State Department's updated media note:

Scope of DS-2031 Requirement

Importation of all shrimp associated with 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.

Shipments of shrimp arriving in the U.S. without the DS-2031 form or without a properly completed form may be denied entry at the discretion of CBP, but should not be seized. In addition, any shipment denied entry under Section 609 of Public Law (P.L.) 101-162 should be allowed to be re-exported to another country.

DS-2031 Requirements for Uncertified Countries

The State Department's media note states that for shrimp harvested in uncertified nations, both the exporter and a government official in the harvesting nation must certify (in boxes 8 and 9 of the DS-2031 form, respectively) that the product was harvested in a manner listed as one of the accepted exemptions to the import prohibition (generally aquaculture or shrimp caught without the benefit of mechanical means). These signatures should be originals.

In order to safeguard against fraud, the State Department will undertake regular examinations of the procedures that governments of uncertified nations have put in place for verifying the accurate completion of the DS-2031 forms. If, upon departmental review, such governments do not demonstrate that they have adequate procedures in place, the Department will instruct CBP not to permit the importation of shrimp harvested in that nation.

DS-2031 Requirements for Certified Countries (Copies and Faxes Still Accepted)

The media note states that in the case of certified countries, only the exporter must certify that the shrimp was harvested in a manner indicated on the form. Because shrimp is occasionally sent to a third country for processing and several exports of shrimp could conceivably be bundled for more efficient shipping, the required DS-2031 forms may be copies and/or faxes, provided they are eligible and that the CBP agent is reasonably satisfied that the total volume of the shipment is covered by the forms presented, with corresponding indicated weights.

(Section 609 prohibits imports of shrimp harvested in ways that are harmful to sea turtles. This import prohibition does not apply where the President certifies to Congress not later than May 1 of each year either: (1) that the harvesting nation has adopted a program governing the incidental capture of sea turtles in its commercial shrimp fishery comparable to the program in effect in the U.S.; or (2) that the fishing environment in the harvesting nation does not pose a threat of the incidental taking of sea turtles. The President has delegated the authority to make this certification to the State Department.

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 (dated 12/21/04) available at http://www.state.gov/r/pa/prs/ps/2004/39981.htm

CBP Adm 04-2577 announcing State Department's requirement (dated 12/21/04) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2004/2004-2577.ADM