NCBFAA Suggests Changes to NMFS Proposal on Automating Entry of Seafood Imports
The National Customs Brokers & Forwarders Association of America supports the National Marine Fisheries Service's efforts to automate entry processing for seafood imports, although the trade association also said NMFS needs to address some outstanding issues stemming from that agency's efforts to create a streamlined process that can parse out restricted shipments from non-restricted shipments, according to a Feb. 18 comment submitted to NMFS.
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NCBFAA offered its comments in response to a notice of proposed rulemaking calling to revise and automate the submission of the Certification of Admissibility form. The comment period opened on Dec. 17, 2024.
The trade provided recommendations in six areas. NCBFAA questioned NMFS' conclusion that the rulemaking would result in a "minimal" cost to trade because it's unclear which countries would be subject to trade restrictions. Mexico is the only country where it's required for a seafood importer to submit a COA for a specific fish, but by the end the year, the U.S. has been charged with developing a list of fisheries that are not up to U.S. standards.
"At that point, do trade restrictions apply to all countries with nonconforming fisheries? Or will NMFS take a more measured approach, choosing only the most egregious violators? The costs will differ significantly depending on whether it applies to two countries or twenty," NCBFAA said.
Another recommendation was that the COA Fish Harvest Record should be revised to account for "real-world scenarios," such as what happens if fish products are processed in an exporting country but harvested within a third country, and whether importers would be required to apply restrictions that apply to the country of harvest if there is no tariff flag.
For the entry process, NCBFAA recommended that NMFS ensure that it has the resources to keep pace with electronically filed COAs as restrictions are applied more broadly.
"How will the validations occur and in what time frame? Because NMFS does not have 'hold' authority, will CBP release the shipment pending NMFS’ validation? Must the importer hold the shipment intact until NMFS completes the validation? If so, how will NMFS communicate with importers/customs brokers? Or will NMFS do post entry audits and validations?," NCBFAA said.
NCBFAA also suggested that NMFS work with the trade as NMFS develops the automated process and data elements, including potentially conducting a pilot program to test the concept; coordinate with other governments so that they have the processes in place for certifying the COA; and consider more efficient ways to obtain an importer's attestation.