Mandatory electronic filing of AMS Marketing Orders begins February 28th
CBP’s Automated Commercial Environment (ACE) and the Participating Government Agencies (PGA’s) who are part of the International Trade Data System (ITDS) are focused on transitioning all information submissions to an electronic format rather than a mix of electronic and paper forms that are distributed across ports of entry around the United States. By putting all of the information into a single location, CBP and PGA’s are capable of reviewing and sharing all the information about a shipment, including release or hold status, with entities having access to the shipments in question.
Following a phased enforcement period in effect since September 2, 2020, USDA Agricultural Marketing Service Marketing Orders will no longer be permitted to be filed manually, but will only be reported through ACE. The agency’s notice and a link to the Final Rule published in the Federal Register can be found here.
The list of eligible products includes avocados, grapefruit, kiwifruit, onions, potatoes, table grapes, field-grown tomatoes, pistachios, dates, hazelnuts (filberts), olives, raisins, and walnuts, all of which are regulated under Section 8e of the Agricultural Marketing Agreement Act of 1937 as amended.
Coppersmith Global Logistics transmits entry data through ACE that includes the HTS and “flags” from agencies like USDA or FDA which indicate to the agency and to the filer that additional data elements are required for either CBP’s use or the use of the aforementioned agencies. Where USDA has accepted these submissions both electronically and in person across the United States, in-person document submission will no longer be permitted beginning February 28th. The only place product and load information will be permitted to be filed is in ACE.
Under ITDS, importers will electronically file initial requests for inspection (SC-357) which will alert the appropriate inspection office and CBP that a regulated commodity will be arriving that will require inspection at the port of entry or at another location.
For our importers, this means Coppersmith will require the information that would elsewise be completed on the paper SC-357 be available to us to submit electronically. We do not believe that this should substantively change our interactions with the agency. Coppersmith works closely with the USDA’s AMS today in ports of entry around the United States on behalf of our customers. This message is to serve as a reminder that the manual process, which had been permitted to operate in parallel with the electronic process during the phased enforcement period, officially ends later this month.
