Cargo Systems Messaging Service
CSMS #42094563 - Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act--Notification of Revocation of Comparability Findings and Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products from Mexico
The National Oceanic and Atmospheric Administration (NOAA) published a notice in the Federal Register on March 9, 2020, entitled “Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act--Notification of Revocation of Comparability Findings and Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products from Mexico” (85 FR 13626). Under the authority of the Marine Mammal Protection Act (MMPA), the NMFS Assistant Administrator for Fisheries (Assistant Administrator) is revoking the comparability findings for the following fisheries authorized by the Government of Mexico: Upper Gulf of California shrimp trawl fishery for both small and large vessels; Upper Gulf of California shrimp suripera fishery; Upper Gulf of California sierra purse seine fishery; Upper Gulf of California sierra hook and line fishery; Upper Gulf of California chano trawl fishery, for small vessels; Upper Gulf of California curvina purse seine fishery; and Upper Gulf of California sardine/curvina purse seine fishery for both small and large vessels. The Assistant Administrator continues the determination to deny a comparability finding for the El Golfo de Santa Clara curvina rodeo-style gillnet fishery. In addition, the prohibition on imports of shrimp, curvina, sierra and chano fish harvested by gillnets deployed in the vicinity of vaquita porpoise habitat remains in effect.
To implement this requirement, NOAA mandates that, beginning on April 3, 2020, imports of shrimp, fish and fish products of Mexican origin that are entered under designated HTS codes posted on the NOAA website (see link below) must be accompanied by “Certification of Admissibility” signed by a duly authorized Official of the Mexican Government. The “Certification of Admissibility” (OMB 0648-0651, expiration 04/30/2022) must signify that the imported commodity is not subject to an import restriction contained in the Federal Register notice or associated with the identified fisheries operating in the Upper Gulf of California, Mexico. For the purposes of the import restriction, the Upper Gulf of California is defined as waters north of a straight line connecting Puertecitos Pier (30.344825, -114.636688) and Faro de Puerto Lobos (30.268379, -112.863984).
The “Certification of Admissibility” must contain a valid signature from one of the Officials Designated by the Government of Mexico, posted on the NOAA website (see link below). If a “Certification of Admissibility” is validated by an official who is not on the Designated Officials List, the shipment will be refused entry. The submission of the “Certification of Admissibility” may be done through electronic transfer into ACE DIS using DIS Code “NM23”, email, fax, or in paper to the CBP port of entry. All shipments of shrimp, fish and fish products from Mexico filed under the designated HTS codes without a valid “Certification of Admissibility” or a valid disclaim (see below) will be refused entry.
In accordance with the MMPA Import Provisions, no fish or fish products caught or harvested in a fishery subject to an import ban may be imported into the United States from any intermediary nation. An import into the intermediary nation occurs when the fish or fish product is released from a harvesting nation’s customs jurisdiction and enters the customs
jurisdiction of the intermediary nation or when the fish and fish products are entered into a foreign trade zone of the intermediary nation for processing or transshipment. Nations that import, process, and export to the United States fish and fish products from Mexico that are currently subject to import restrictions under the designated HTS codes posted on the NOAA website (see link below) should contact Nina Young, at email: [email protected] or phone: 301–427–8383.
Disclaim Process: Only processed commodities filed under HTS codes 2309.90 or 2309.10, or HTS code 0511.99.3060 may be exempt from the “Certification of Admissibility” requirement if a valid disclaim is submitted with the entry. A valid disclaim statement “the commodity under HTS (list the applicable HTS code) does not contain shrimp or fish products” must accompany the entry via ACE DIS, email, fax, or paper. All regulated commodities that do not fall under disclaim rules must provide the “Certification of Admissibility” to meet NMFS requirements or the entire entry is to be refused entry.
•Officials Designated by the Government of Mexico to Validate the U.S. Certification of Admissibility:
https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions
•For more information:
https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions
•Federal Register Notice 85 FR 13626:
https://www.federalregister.gov/documents/2020/03/09/2020-04692/implementation-of-fish-and-fish-product-import-provisions-of-the-marine-mammal-protection
•HTS codes for fish products prohibited entry into the United States from Mexico unless accompanied by a Certification of Admissibility:
https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions
•Certification of Admissibility form and instructions may be found at: https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions
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