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CBP Issues Revised ICP on Caviar

U.S. Customs and Border Protection has issued a revised version of its informed compliance publication entitled, What Every Member of the Trade Community Should Know About: Caviar.

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This publication was prepared by the National Commodity Specialist Division of Regulations and Rulings and provides guidance on the classification of caviar. The ICP was first published in February 1997, was revised in February 2004 and June 2006, and has now been revised in March 2008.

Based on a comparison of the June 2006 version and the revised March 2008 version of the ICP, the following changes were noted:

Labeling Section Added

The revised ICP has been updated to include a section on labeling, which reads as follows:

In 2007, the Fish and Wildlife Service updated regulations that implement CITES1 in the U.S. Among the changes were new regulations adopting the CITES-recommended universal labeling system for containers of caviar. The regulations provide that sturgeon caviar imports, exports, and re-exports must bear non-reusable labels affixed by the caviar-processing plant in the country of origin showing all of the following information: a standardized species code, source code, two-letter ISO code of the country of origin, year of harvest, and processing plant code and identification number.

Updated Information on Entering Caviar at Free/Reduced Rate of Duty

The "Classification of Caviar" section has been updated to provide the following information regarding entering caviar at a free or reduced rate of duty:

Caviar of HTS subheading 1604.30.2000 may be entered at a free or reduced rate of duty, if the country of origin has been designated a beneficiary country under the Generalized System of Preferences (GSP) or is a party to one of various trade agreements. The "Special" rate of duty column of the current HTS should be consulted for up-to-date information.

(The previous version of the ICP (June 2006) provided information on entering caviar free of duty (not reduced) and provided a list of free trade agreements and trade preference programs under which caviar could be entered free of duty.)

Suspension of Trade in Certain Caviar has Effectively Banned Importation of Beluga Sturgeon

The "Required Documentation" section has been updated to state that the 2005 FWS suspension of trade in beluga sturgeon caviar originating in the Caspian Sea basin countries (Azerbaijan, Iran, Kazakhstan, Russia, and Turkmenistan) and the Black Sea basin countries (Bulgaria, Georgia, Romania, Russia, Serbia & Montenegro, Turkey, and Ukraine) has "effectively banned" the importation of beluga sturgeon in any form (including caviar) into the U.S. from any of those countries.

This section has also been updated to state that information regarding the import requirements for sturgeon, paddlefish and their products is available at the FWS Web site - www.fws.gov.

The revised ICP has also been updated to include minor changes, such as technical and stylistic changes.

ICP Provided for Informational Purposes Only

CBP states that the information provided in this publication is for general information purposes only. CBP cautions that because many complicated factors can be involved in customs issues, an importer may wish to obtain a ruling under CBP Regulations, 19 CFR Part 177, or obtain advice from an expert (such as a licensed Customs Broker, attorney or consultant) who specializes in customs matters. Reliance solely on the general information in this ICP may not be considered reasonable care.

1The Convention on International Trade in Endangered Species of Wild Fauna and Flora

(See ITT's Online Archives or 06/30/06 news, 06063020, for BP summary of the June 2006 version of the caviar ICP.)

ICP on caviar (dated March 2008) available at http://www.cbp.gov/linkhandler/cgov/toolbox/legal/informed_compliance_pubs/icp011.ctt/icp011.pdf