FSIS Says PHIS Import System to Begin May 29; to Interface w/ ACE, Foreign Govts

Later in 2012, PHIS will complete the link to ACE, eliminating the need for importers or customs brokers to file a separate FSIS Form 9540-1 (import inspection application) with FSIS.

(FSIS is launching the import component of PHIS as part of its effort to collect, consolidate, and analyze data. This component, which the FSIS says will strengthen FSIS detection and response to ineligible imported shipments, will replace the Automated Import Information System (AIIS). By replacing the existing AIIS, FSIS said that PHIS will enable U.S. importers to file for FSIS inspection in advance of arrival of shipments destined to the United States. To facilitate the implementation of the PHIS import component, FSIS will issue a proposed rule to modify its imported products inspection regulations, including amendments to the prescriptive foreign inspection certificate requirements, requiring specific product information that will assist in designating reinspection assignments, and providing a prior notification timeframe for import inspection applications that parallels the U.S. Customs and Border Protection entry timeframe. This proposed rule has not yet been published in the Federal Register.)

Importers & CHBs to be Able to Enter Form 9540-1 Info into ACE Later in 2012

FSIS said PHIS will, upon full implementation of its import component, enable U.S. importers and customs brokers to enter FSIS Import Inspection Application (FSIS Form 9540-1) data directly into ACE through the Automated Broker Interface (ABI) as part of the CBP entry process, thereby eliminating the need to file a separate paper application with FSIS. The implementation of paperless Form 9540-1 will not occur until CBP incorporates certain FSIS-specific elements into the PGA Message Set of ACE ABI Customs and Trade Automated Interface Requirements (CATAIR), targeted to occur later in 2012.

Paper still an option. FSIS said that once this PHIS import component fully implements, all importers may continue to use the paper application option, FSIS Form 9540-1, Import Inspection Application, in lieu of electronic filing through ACE. Furthermore, a paper FSIS Form 9540-1 will continue to be required, even after full implementation, for shipments of meat, poultry, and egg products imported into ports where the CBP ACE system is not available (e.g., American Samoa, Guam, Commonwealth of Northern Mariana Islands).

Importers & CHBs to Continue Filing Paper Form Until then, but w/ 2 More Data Elements

FSIS said it has defined the information required to complete the electronic FSIS application for inspection, but this information has yet to be incorporated into the PGA Message Set of the ACE ABI CATAIR (Appendix T) and implemented by CBP. Therefore, starting May 29 (until full implementation of this PHIS import component), importers or brokers will continue to submit a paper copy of the current import application (FSIS Form 9540-1 (version 05/07/2002) to the FSIS import inspector at the designated official import inspection establishment identified on the application where the product will be presented for reinspection, no later than the time of filing with CBP. For applications that are incomplete or contain inaccurate information, the applicant will be requested to correct the application before import reinspection will proceed.

Additional data elements requested. FSIS said importers or brokers currently using an automated system to generate the current FSIS Form 9540-1 (version 05/07/2002) may continue using their current programming to prepare the application, though FSIS requests that the following agency specific data be added to the form in "Box 31 Remarks": (1) the e-mail address of the customs broker or applicant; and (2) the estimated date of arrival, beginning May 29.

Import sampling to continue. When the PHIS import component partially implements in May, FSIS import sampling will continue to be allocated by country, process category, product category, and species. If the shipment fails reinspection, the non-compliant product is refused entry and the automated system intensifies the rate of reinspection to ensure product compliance.

Revised 9540-1 in draft stage. In preparation for implementation of the PGA Message Set (and full implementation of the import component of PHIS), FSIS revised the Import Inspection Application (FSIS Form 9540-1 (draft)), which will be used for all meat, poultry and egg products shipments. This revised FSIS Form 9540-1 (here) highlights the source of each data element required on the form (e.g. entry summary data from ACE or the foreign inspection certificate).

New directives and draft compliance guide. On May 29, FSIS will replace the existing Import Manual of Procedures, which provides guidance to the FSIS inspection personnel, with FSIS Directives.To facilitate the implementation of PHIS's import applications, FSIS has also developed draft compliance guidance to help U.S. importers, custom brokers and official import inspection establishment plant management understand the regulatory requirements found in 9 CFR 327.5, 381.198, and 590.920. The compliance guide also explains how submitting data through the entry filed in ACE will prevent disruptions in the entry, clearance, and movement of imported FSIS-regulated shipments. FSIS will post this draft compliance guide on its Significant Guidance Documents webpage here prior to the May implementation date.

FSIS to receive 10 data elements via ACE. Beginning May 29, FSIS will receive a partial set of data electronically, which will include the following:

• Country of Origin
• U.S. Point of Entry/CBP Port Code
• U.S. Port of Unlading/CBP Port Code
• Name and Address of Customs Broker or Applicant
• Broker Reference Number
• Name and Address of Consignee
• Name and Address of Importer of Record
• Customs Entry Numbers
• Harmonized Tariff System (HTS) Code (of product)
• Bill of Lading Number

Canadian Exporters Will No Longer Have to Submit Advance Form Copies; 9540-1 to be Used for Eggs

FSIS said once the PHIS import component fully implements, Canadian exporters will no longer submit an advance copy of the FSIS Form 9540-1 to the official import inspection establishment, or in the case of egg products, the importer will no longer submit an advance copy of FSIS Form 5200-8 (Import Request Egg Products - CFIA Application for Inspection). The FSIS Form 5200-8 will be replaced by FSIS Form 9540-1. When the importer or broker files their entry with CBP, this will provide FSIS with prior notification. All inspection assignments for meat, poultry, and egg products will be generated through PHIS.

PHIS to Ultimately Determine Foreign Product Eligibility, w/ FSIS Inspector Verification

U.S. import verification activities will continue to be performed on imported meat, poultry, and processed egg products that have been inspected and certified by an equivalent foreign inspection system. Ultimately, eligibility of the foreign country, foreign establishment, and product will be determined by the system when the application for FSIS import inspection is filed by the U.S. Importer of Record or U.S. Customs Broker. The information will be verified by the FSIS import inspector when the shipment is presented at the official import inspection establishment, using the official inspection certificate issued by the foreign inspection system.

PHIS to Allow Government-to-Government Electronic Certifications Effective May 29

The PHIS import component will enable electronic interface with foreign governments’ certifications systems, which will allow for government-to-government electronic certification, eliminating the need for a paper inspection certificate. The electronic receipt of this import information to PHIS will expedite data entry and shipment clearance by FSIS. FSIS said that paper certificates from foreign countries will continue to be accepted.

First phase of implementation limited to Australia & New Zealand. FSIS said electronic certification will be limited to two countries in the first phase of implementation, Australia and New Zealand, both of which already have agreements in place for the use of electronic certificates. Other foreign governments interested in pursuing electronic certification should contact the FSIS Office of International Affairs for further guidance and requirements.

No more “guarantees” for replacement certificates. FSIS said it has previously allowed foreign countries to guarantee the replacement of the foreign inspection certificate, which would allow continuation of FSIS reinspection pending the arrival of the certificate within 30 days of the guarantee. FSIS will discontinue this policy when the PHIS import component is implemented. FSIS will refuse entry on any shipment that has not been properly certified. Replacement certificates will be accepted, either electronically (e.g. scanned copy transmitted by e-mail or replacement through eCertification) or paper, at which time FSIS will continue with the reinspection.

FSIS letter to importers announcing implementation (dated 04/18/12) available here.

FSIS letter to foreign establishments detailing electronic foreign certification (dated 03/20/12) available here.