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APHIS Updates Regulations to Allow for ITDS Filing in Final Rule

The Animal and Plant Health Inspection Service will revise its regulations to allow for use of the International Trade Data System (ITDS), the agency said in a notice (here). Effective as of June 21, APHIS will remove requirements for paper submissions for import or export of animals, animal products, plant and plant products, it said. "The amendments we are making in this final rule are not to mandate the use of electronic systems or preclude the use of paper documents; rather, they address those instances where our regulations specify a submission method to the exclusion of other methods," APHIS said.

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The final rule comes in response to the 2014 Executive Order that instructed the executive branch to move toward ITDS and to examine existing regulations for possible impediments (see 14021928). "Where those limiting sorts of requirements exist, this final rule amends the regulations to provide the flexibility needed for persons to take advantage of electronic systems without precluding the use of other methods already in place," it said. In many places APHIS found the regulations to "require importers or shippers to provide documents such as import permits or certificates upon arrival in the United States without specifying the medium in which those documents must be provided," it said. "We do not believe that provisions written in that manner require any changes since the language used already allows for the use of electronic systems."

The changes involve both the move to ACE as well as updates to legacy systems at APHIS, it said. "A new permitting system, E-file, is currently being developed to replace the legacy E-permits system," APHIS said. "E-file will be used across APHIS programs, will include advanced functionality, and will provide permitting data directly to ACE to allow for speedier review and admissibility determinations at the ports of arrival. Other APHIS system enhancements will allow for better communication with our CBP Agriculture colleagues concerning pest identification and allow for expansion of e-certification opportunities with our trading partners."

(Federal Register 06/21/16)