NMFS Final Rule Modifies Tuna Regulations (Part I - Direct Submission of FCO to NMFS by Importer)
The National Oceanic and Atmospheric Administration's (NOAA's) National Marine Fisheries Service (NMFS) has issued a final rule, effective May 12, 2005, that amends 50 CFR Parts 216 and 300 in order to implement certain resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (IDCP).
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This is Part I of a multi-part series of summaries of this final rule and focuses on the May 12, 2005 requirement in 50 CFR 216.14(f) that importers of record (rather than U.S. Customs and Border Protection (CBP)) submit Fisheries Certificates of Origin (FCO, NOAAForm 370) to NMFS within 30 days of a shipment of tuna entering U.S. commerce. See future issues of ITT for additional summaries of this final rule.
Direct Submission of FCO (NOAA Form 370) to NMFS by Importer of Record
NMFS' final rule amends 50 CFR 216.24(f)(3), effective May 12, 2005, as follows:
Importer of record must submit FCO to NMFS within 30 days of a shipment's entry into commerce. NMFS' final rule amends 50 CFR 216.24(f)(3)(ii) to require that FCOs and associated certifications, if any, that accompany imported shipments of tuna must be submitted by the importer of record to the Tuna Tracking and Verification Program, Southwest Region, within 30 days of the shipment's entry into the commerce of the U.S.
(NMFS sources state that CBP is currently responsible for submitting this documentation to NMFS; however, due to CBP's focus on homeland security issues, it no longer has the time and resources to perform this function.)
Submission of FCO via mail. As amended by the final rule, 50 CFR 216.24(f)(3)(ii) states that FCOs submitted via mail should be sent to Tuna Tracking and Verification Program, Southwest Region, P.O. Box 32469, Long Beach, CA 90832-2469. Copies of the documents may be submitted either on compact disc or as hard copies.
Electronic submission of FCO. According to 50 CFR 216.24(f)(3)(ii) as amended, copies of the documents may be submitted electronically using a secure file transfer protocol (FTP) site. Importers of record interested in submitting FCOs and associated certifications via FTP may contact a representative of the Tuna Tracking and Verification Program at the following email address: SWRTuna.Track@noaa.gov.
(All electronic submissions, whether via FTP or on compact disc, must be in either Adobe Portable Document Format (PDF) or as an image file embedded in a Microsoft Word, Microsoft PowerPoint, or Corel WordPerfect file.)
User ID and password required for electronic FCO submission. Amended 50 CFR 216.24(f)(3)(ii) provides that the Tuna Tracking and Verification Program will facilitate secure transfer and protection of certifications by assigning a separate electronic folder for each importer. Importer access to the electronic folder will require a user identification and password, which will be assigned by the Tuna Tracking and Verification Program. Safeguarding the confidentiality of the user identification and password is the responsibility of the importer to whom they are assigned.
FCOs must be endorsed at each change in ownership. According to amended 50 CFR 216.24(f)(3)(iii), FCOs that accompany imported shipments of tuna destined for further processing in the United States must be endorsed at each change in ownership and submitted to the Administrator, Southwest Region, by the last endorser when all required endorsements are completed.
FCO record maintenance requirements. New 50 CFR 216.24(f)(3)(iv) provides that importers and exporters are required to retain their records, including FCOs, import or export documents, invoices, and bills of lading for 2 years, and such records must be made available within 30 days of a request by the Commerce Secretary or the Administrator, Southwest Region.
FCO (NOAA Form 370) available to download. Amended 50 CFR 216.24(f)(3) states that the FCO (NOAA Form 370) may be obtained from the Administrator, Southwest Region or downloaded from the Internet at http://swr.nmfs.noaa.gov/noaa370.htm.
HTS numbers of tuna and tuna products requiring FCO. A list of the HTS numbers for those imported tuna and tuna products that must be accompanied by a FCO are identified at http://swr.nmfs.noaa.gov/psd/embprod.htm. The products listed on this web page include frozen tuna, tuna in airtight containers, tuna loins, and other products containing tuna.
(According to NMFS sources, NMFS is planning to send out letters to brokers and importers informing them of the new FCO direct submission requirement, etc.)
NMFS Contact - Jeremy Rusin (562) 980-4020
NMFS Final Rule (D/N 040920271-5083-02, I.D. 102004A, FR Pub 04/12/05), http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-7312.pdf
NMFS Proposed Rule (D/N 040920271-4271-01; I.D. 102004A, FR Pub 10/29/04), http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-24008.pdf