CBP/FDA Reminder that Prior Notice of Imported Food Must Be Submitted through PNSI when ACS/ABI, Filer System Not Working
U.S. Customs and Border Protection (CBP) and the Food and Drug Administration (FDA) have each posted a similar reminder to their Web sites stating that if the Automated Commercial System/Automated Broker Interface (ACS/ABI) is not working or if a custom broker's or self-filer's system is not working, prior notice (PN) of imported food must be submitted through the FDA PN System Interface (PNSI), pursuant to 21 CFR 1.280(b).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Filers are also reminded that when PNSI is used, they will need to present a paper copy of the PN confirmation page from PNSI to CBP officers when clearing their shipments.
Pursuant to 21 CFR 1.283, CBP and FDA state that articles of food which arrive in the U.S. without adequate PN are subject to refusal of admission and may be held at the port of arrival or other secure location until adequate PN is submitted.
(On October 10, 2003, the FDA published an interim final rule requiring the submission to FDA of prior notice of food, including animal feed, that is imported or offered for import into the U.S. See ITT's Online Archives or 05/18/04 news, 04051805, for BP summary of the extension of the comment period for the interim final rule until July 13, 2004, including a link to the final part of BP's series on the interim final rule.
See ITT's Online Archives or 06/03/04 news, 04060305, for BP summary of CBP's press release announcing that on June 4, 2004, full ABI edits for PN and Phase 3 of the FDA/CBP enforcement plan would be implemented.)
CBP reminder available at http://www.cbp.gov/ImageCache/cgov/content/import/commericial_5fenforcement/bioterrorism/bta_5ffda_5fweb_2edoc/v1/bta_5ffda_5fweb.doc
FDA reminder (dated 06/08/04) available at http://www.cfsan.fda.gov/pn/fisstat2.html
PNSI available at http://www.cfsan.fda.gov/%7Epn/pnoview.html