Cargo Systems Messaging Service
CSMS # 63428035 - National Marine Fisheries Service Issues Proposed Rule on Certification of Admissibility (COA) Procedures
In July 2022, the U.S. National Marine Fisheries Service (NOAA Fisheries) published an Advance Notice of Proposed Rulemaking (ANPR) regarding the Certificate of Admissibility (COA) for designated fish products. NOAA Fisheries considered the comments received and published a proposed rule.
NOAA Fisheries is accepting comments on the proposed rule until February 18, 2025 (https://www.federalregister.gov/d/2024-29238). The draft implementation guidance and COA fish harvest record form and instructions can be found in the docket: https://www.regulations.gov/docket/NOAA-NMFS-2022-0057. Additional information is posted at: https://www.fisheries.noaa.gov/topic/international-affairs.
The rule contains responses to several comments submitted to NOAA Fisheries following publication of the ANPR. NOAA Fisheries remains interested in feedback from stakeholders and interested parties on the reporting and recordkeeping burden of the COA, on the procedures for using certification in the entry filing process, and on ways to reduce the reporting burden and expedite release of admissible shipments through use of the ACE. Based on comments received and NOAA Fisheries' overall assessment of concerns raised, the agency will consider these concerns in developing the final rule to revise and automate the submission of COA information.
Additional information about NOAA Fisheries’ Certification of Admissibility:
Under the authority of several statutes, NOAA Fisheries may prohibit imports of designated fish and fish products caught in certain foreign fisheries operating in a manner inconsistent with U.S. standards. When an import restriction is imposed, NOAA Fisheries will work with CBP to identify the targeted country of origin and develop a list of the affected HTS codes. Shipments from the country of origin filed under the listed HTS codes are eligible for entry only if accompanied by a COA that attests to the manner and location of the fish harvest. If the foreign nation addresses the fishing issues of concern to the United States, the restriction would be lifted, and the COA would no longer be required for entries under the identified HTS codes for that country of origin.
Through the proposed rule, NOAA Fisheries is working with CBP to automate the process of imposing and lifting seafood trade restrictions through this COA message set described in the draft IG and through document image requirements in ACE.
Related messages: CSMS # 54077767, 52727444
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