CSMS# 18-000232 - Update: Two-Day Extension of Informed Compliance for NMFS SIMP
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This announcement supplements and updates CSMS Message # 18-000124 as published on February 8, 2018. This is to inform trade that the “Informed Compliance Period” for the National Marine Fisheries Service (NMFS) Seafood Import Monitoring Program (SIMP), as announced on February 8, 2018, is extended for two days beyond the previously announced date. The previous announcement established the concluding date as Saturday, April 7th, 2018. That date is now extended to Monday, April 9th, 2018. As of April 9th, all filings covered by the Seafood Import Monitoring Program regulations must comply with the electronic filing requirements for an entry to receive a “may proceed”.
Extending the “informed compliance” period to establish its conclusion on a weekday was determined to be in the best interest of trade and NMFS. This extension allows for more resource availability of NMFS and CBP support personnel to confer with and assist trade should there be any release issues.
On January 1, 2018, mandatory compliance with regulations requiring the electronic filing of certain data at the time of entry and retention of chain of custody records for certain imported fisheries products under the Seafood Import Monitoring Program(SIMP) became effective. See 50 CFR Part 300 Subpart Q. Pursuant to CSMS # 17-000783 issued December 18, 2017, the National Marine Fisheries Service (NMFS)initially adopted an “informed compliance” approach, working with Customs and Border Protection (CBP) and filers to facilitate their full and timely compliance with SIMP without impeding the release and clearance of shipments for which the entry filer had incomplete information or was unable to successfully submit those data into ACE. NOAA has observed an encouraging and steadily increasing rate of compliance with SIMP filings. Therefore, NMFS is providing notice that SIMP informed compliance provisions will cease on April 9, 2018.
Beginning April 9, filings for products flagged for NMFS SIM (NM8) data, with no
SIMP data, that are incomplete, or that contain erroneous SIM PGA data, must be
corrected before they will be accepted. Filers are also reminded that the SIMP
program includes a records retention provision, and all entries subject to SIMP may be audited and became subject to enforcement action beginning January 1, 2018. Those engaged in the import, export or re-export of covered species must also comply with all other requirements of NOAA trade monitoring programs including the TTVP/NOAA 370, HMS ITP, and AMLR trade programs, as applicable.
For questions regarding compliance and submissions with SIMP data that are
rejected and cannot be resolved by the filer, filers are encouraged to contact NMFS at SIMPsupport@noaa.gov or call the SIMP Support Line at 301-427-8301 with an explanation of the problem.
NOTE: The code for enforcing the SIM HTS flags with a reject, will be in the ACE
CERT environment by March 20, 2018.
Additional information can be obtained by using the following links:
Federal Register Notice (81 FR 88975, December 9, 2016) establishing the Seafood
Import Monitoring Program: https://www.gpo.gov/fdsys/pkg/FR-2016-12-09/pdf/2016-
29324.pdf
Additional Guidance on Seafood Import Monitoring Program details, contacts and
requirements are posted online at: http://www.iuufishing.noaa.
gov/RecommendationsandActions/RECOMMENDATION1415/
FinalRuleTraceability.aspx
Related CSMS No. 18-000124
This announcement supplements and updates CSMS Message # 18-000124 as published on February 8, 2018. This is to inform trade that the “Informed Compliance Period” for the National Marine Fisheries Service (NMFS) Seafood Import Monitoring Program (SIMP), as announced on February 8, 2018, is extended for two days beyond the previously announced date. The previous announcement established the concluding date as Saturday, April 7th, 2018. That date is now extended to Monday, April 9th, 2018. As of April 9th, all filings covered by the Seafood Import Monitoring Program regulations must comply with the electronic filing requirements for an entry to receive a “may proceed”.
Extending the “informed compliance” period to establish its conclusion on a weekday was determined to be in the best interest of trade and NMFS. This extension allows for more resource availability of NMFS and CBP support personnel to confer with and assist trade should there be any release issues.
On January 1, 2018, mandatory compliance with regulations requiring the electronic filing of certain data at the time of entry and retention of chain of custody records for certain imported fisheries products under the Seafood Import Monitoring Program(SIMP) became effective. See 50 CFR Part 300 Subpart Q. Pursuant to CSMS # 17-000783 issued December 18, 2017, the National Marine Fisheries Service (NMFS)initially adopted an “informed compliance” approach, working with Customs and Border Protection (CBP) and filers to facilitate their full and timely compliance with SIMP without impeding the release and clearance of shipments for which the entry filer had incomplete information or was unable to successfully submit those data into ACE. NOAA has observed an encouraging and steadily increasing rate of compliance with SIMP filings. Therefore, NMFS is providing notice that SIMP informed compliance provisions will cease on April 9, 2018.
Beginning April 9, filings for products flagged for NMFS SIM (NM8) data, with no
SIMP data, that are incomplete, or that contain erroneous SIM PGA data, must be
corrected before they will be accepted. Filers are also reminded that the SIMP
program includes a records retention provision, and all entries subject to SIMP may be audited and became subject to enforcement action beginning January 1, 2018. Those engaged in the import, export or re-export of covered species must also comply with all other requirements of NOAA trade monitoring programs including the TTVP/NOAA 370, HMS ITP, and AMLR trade programs, as applicable.
For questions regarding compliance and submissions with SIMP data that are
rejected and cannot be resolved by the filer, filers are encouraged to contact NMFS at SIMPsupport@noaa.gov or call the SIMP Support Line at 301-427-8301 with an explanation of the problem.
NOTE: The code for enforcing the SIM HTS flags with a reject, will be in the ACE
CERT environment by March 20, 2018.
Additional information can be obtained by using the following links:
Federal Register Notice (81 FR 88975, December 9, 2016) establishing the Seafood
Import Monitoring Program: https://www.gpo.gov/fdsys/pkg/FR-2016-12-09/pdf/2016-
29324.pdf
Additional Guidance on Seafood Import Monitoring Program details, contacts and
requirements are posted online at: http://www.iuufishing.noaa.
gov/RecommendationsandActions/RECOMMENDATION1415/
FinalRuleTraceability.aspx
Related CSMS No. 18-000124
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