CSMS # 62228844 - USDA Agricultural Marketing Service – National Organic Program – Additional Filing Codes for Organic Message Set in ACE

U.S. Customs and Border Protection sent this bulletin at 09/13/2024 10:02 AM EDT

Cargo Systems Messaging Service

CSMS # 62228844 - USDA Agricultural Marketing Service – National Organic Program – Additional Filing Codes for Organic Message Set in ACE

Effective September 19, 2024, the U.S. Department of Agriculture’s (USDA) National Organic Program (NOP) will no longer allow the use of the temporary filing code (999-999-T) in the Automated Commercial Environment (ACE) for organic entries without an NOP Import Certificate (NOP-IC). Shipments using the temporary code after September 19, 2024, will be subject to adverse actions and/or additional enforcement actions. Also, the AMS AM8 tariff flag will be enforced with a reject severity in ACE Production. AM7 flags will continue to be enforced with a warning severity.

If a valid NOP-IC is not available at time of filing, the shipment must be reconditioned at an offsite location to a conventional (non-organic) status, including relabeling and reinvoicing. The product must be completely devoid of all organic markings and the “Goods Subject to Reconditioning” code must be used.

U.S. importers facilitating organic trade must be certified organic under the new USDA organic regulations. Certified importers are listed in the Organic Integrity Database (https://organic.ams.usda.gov/integrity). Organic imports not associated with a valid NOP-IC will not be allowed to claim the shipment as certified organic.

New Codes (9 character) for entries that will flag in ACE– these are filed under OR2:

American Certified Organic Goods Returned: 333-550-R
- USDA Certified products returning to the U.S. that have been exported to a Certified organic recipient in a foreign country. This is only applicable to goods that have been unopened and sealed only. Products that have been opened, damaged, or have been altered in any way are not eligible for this code.
Non-Retail Sales/Donations: 333-800-E
- USDA Certified products entering the U.S. that are for charitable donation purposes, trade show samples, humanitarian food efforts, etc.
Personal Goods/e-Commerce: 010-737-M
- USDA Certified products that are for personal consumption and or purchased through mail order that are not required to have an NOP-IC under SOE but would flag in ACE due to HTS code.
Goods Subject to Reconditioning: 010-420-L
- Cargo that arrives without a valid NOP-IC that is marked and represented as USDA Certified Organic. Shipments must be taken to offsite location for reconditioning prior to entry.

For further information on the Strengthening Organic Enforcement regulation including updated FAQs, see: https://www.ams.usda.gov/rules-regulations/strengthening-organic-enforcement.

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