SUBJECT:Re-entry of U.S. Goods Refused Entry in Foreign Countries Under Bovine Spongiform Encephalopathy (BSE) Restrictions

January 5, 2004

TO:                  International Trade and Transportation Communities

FROM:            Office of Trade Relations     U.S. Customs and Border Protection

U.S. Customs and Border Protection (CBP) continues to work closely with the U.S. Department of Agriculture and its agency, Animal and Plant Health Inspection Service (APHIS) to allow exported U.S. origin ruminant materials refused entry at foreign ports to be offloaded in the United States.  This does not represent a new policy; but is a reiteration of an existing APHIS policy for U.S. returned goods.

Importers and exporters are reminded that these shipments are covered under provisions of the Jones Act.  Although CBP does not have the authority to waive the penalties for any violations of the Act, the agency is committed to working with the carriers in the mitigation process.

For U.S. origin meat and meat products (i.e, cured and dried, cooked perishable, fresh (chilled or frozen),* denied entry into a foreign country and being returned to the U.S., CBP must have:

·        A complete inbound cargo declaration for the vessel

·        One bill of lading for each shipment listing the exporting shipper as the importing consignee.

·        Foreign port of origin should be listed as the foreign port where the cargo was refused.

·        Cargo description should indicate that the shipment is ruminant meat materials of U.S. origin being returned to the U.S.

·        Inbound shipper should be identified as either the inbound consignee or the carrier.

Additional requirements:

·        A copy of FSIS Form 9060-5, Export Certificate, from all countries except Canada, for which a copy of the FSIS Form 9135-3, Certificate for Export of Meat and Poultry Product, is required.

·        Shipping documents (initial export documents) matching the information on the FSIS Form.

·        All boxes or cartons and their contents must be identified on the accompanying documentation.

·        Only unopened boxes or cartons may be returned to the U.S. If the shipment is containerized, the original export seal must be intact.

·        Boxes and cartons must be marked to confirm that the consignment is of U.S. origin.

*Canned, shelf-stable U.S. origin meat and meat products are allowed unrestricted re-entry into the U.S.

CBP port personnel will review all paperwork. The shipment will be inspected by CBP and released if all requirements are met.

Any shipment that does not meet the requirements will be placed on hold and handled through USDA’s National Center for Import and Export (NCIE).

Points of Contact:

Specific guidance from Headquarters concerning the above issues has been provided to local port directors.  Inquiries from the trade should be made directly to the ports.

For additional information please contact:

·        NCIE toll-free at 1-866-873-2157

·        http://www.aphis.usda.gov/lpa/issues/bse/bse_trade_ban_status.html (For the most up-to-date list of countries that have banned U.S. ruminant products)

·        The APHIS site at www.aphis.usda.gov

·        The U.S. Customs and Border Protection site (import and export sections) at www.cbp.gov.

·        For any other questions contact the Office of Trade Relations at (202) 927-1440.