Electronic EPA Notice of Arrival Proposal Raises Issues for FTZ Filers
Foreign-Trade Zone operators could face problems as a result of CBP's proposed regulatory changes to allow for an electronic alternative to the Notice of Arrival that's required for some imports of pesticides and devices regulated by the Environmental Protection Agency (see 1609290029), the National Association of Foreign-Trade Zones said in comments to CBP (here). The problem is that FTZ entries are usually either Type 06 individual (or regular) or Type 06 weekly estimated entry types, it said. "It appears EPA may intend to require [Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)] NOA information at the time of cargo release in ACE – i.e., on entry," the NAFTZ said. "This point of transmission is too late in the importation process for FTZ filers."
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Without a change to the proposal, "nearly all FTZ manufacturers and distributors of FIFRA-regulated products may be forced to abandon the FTZ program," the group said. "The fact is that for FTZ manufacturing and distribution zones, FIFRA certification cannot be provided at the time of Type 06 entry filing." This is an issue for other Partner Government Agencies, the NAFTZ said. The EPA should follow the Animal and Plant Health Inspection Service's lead and allow for interim measures until electronic CBP Form 214 (e214) is available for PGA data in 2014 (see 1610030010), the NAFTZ said. Specifically, the EPA should continue to allow FTZ filers to report data through the system currently in place -- eNOA -- for products subject to FIFRA. It should also provide a "disclaim" option in ACE for Type 06 entries to show that the reporting requirements were met outside ACE, the association said.
After the "e214 admission system is deployed in ACE in 2017, EPA should work with CBP to attach a NOA approval to the e214 for 'standard or direct delivery' admissions," the NAFTZ said. "This could be accomplished by a message set referencing a NOA approval number issued by the eNOA system when the filer submits the NOA electronically prior to arrival of the shipment at the first port of unlading or by upload of the previously-approved paper NOA in Document Imaging System." The group also recommended that message set submissions include a way to identify which FTZ the merchandise will be admitted into and allow for all EPA regions to file through eNOA. The comments are dated Oct. 31 but were posted Nov. 14.