CSMS #50708860 - Reminder on filing of PGA USDA Agriculture Marketing Service (AMS) Marketing Orders (MO)

U.S. Customs and Border Protection sent this bulletin at 01/14/2022 04:36 PM EST

Cargo Systems Messaging Service

CSMS #50708860 - Reminder on filing of PGA USDA Agriculture Marketing Service (AMS) Marketing Orders (MO)

On February 28, 2022, filing of PGA USDA Agriculture Marketing Service (AMS) Marketing Orders (MO) will become mandatory. This means that importers of avocados, grapefruit, kiwifruit, onions, potatoes, table grapes, field-grown tomatoes, pistachios, dates, hazelnuts (filberts), olives, raisins, and walnuts, regulated under Section 8e of the Agricultural Marketing Agreement Act of 1937 as amended, are required to electronically provide product and load information into the Customs and Border Protection’s Automated Commercial Environment (ACE) system for entry into the United States. A phased in enforcement period has been ongoing since September 2, 2020 and delays the expected implementation date of January 31, 2022.

Beginning on February 28, 2022, ACE will reject any entries if the HTS codes are flagged with AM4 and if there is no corresponding AMS MO PGA message set provided.

An updated AMS CATAIR was posted on November 22, 2021 and lists all changes required. Testing in CERT has been available since December 13, 2021 and these changes will be deployed in PROD on January 29, 2022.

For reference you may access the Final Rule at: https://www.govinfo.gov/content/pkg/FR-2020-03-06/pdf/2020-03895.pdf and the previous CSMS message announcing the start of the phased in enforcement period: 43661996

For questions regarding the above portion of this message, please send your inquiries to:

complianceinfo@usda.gov

8eImports@usda.gov

Additionally:

The Organic Message set (OR1, for AM7 and AM8 HTS flags) is still being phased in through 2023. While we pilot the new message set and continue our outreach, you can bypass both AM7 and AM8 with a warning, or your software should have Disclaim A for AM7 programmed in.

If a product bears the USDA Organic Seal or will be packaged with the USDA Organic Seal, you will need to file an Organic Message set when mandatory filing is implemented. We are planning a one-year phase in period once the new regulation is published and will provide another update upon publication of the regulation so the one-year phase in period is clear. You will be able to continue to use Disclaim A for products with AM7 flags that do not/will not bear the USDA Organic Seal.

Related message: #43661996

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