Commercial Information Circulars

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e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2

Further to Commercial Information Circular No. 288/2003 dated 27 November 2003, the US Bureau of Customs and Border Protection (CBP) has recently issued a document entitled "Interim Bioterrorism Trade Act (BTA) Procedures for Trade Partners". The document provides interim guidance to the trade engaged in the entry and release of imported food products subject to the BTA. According to CBP, this guidance document will be amended to reflect procedural, technical, and other changes that take place during the implementation process. A copy of the document is available at http://www.cbp.gov/ImageCache/cgov/content/import/commericial_5fenforcement/bioterrorism/ bta_5fprocedures_2edoc/v1/bta_5fprocedures.doc.

3. Specifically, during the initial phase of enforcement, CBP working with the Food and Drug Administration (FDA) will generally only withhold the release of BTA-regulated merchandise if a BTA related threat or concern exists regarding the shipment. As this is not expected to occur for most imported food shipments processed during the initial enforcement phase, the vast majority of such shipments will continue to be processed by CBP and released into the commerce of the US, even if no PN was provided to FDA or the PN provided is considered inadequate by FDA. Besides, CBP and FDA will focus their collective enforcement resources on informed compliance and educational initiatives rather than enforced compliance.
   
   

4. During the intermediate phase(s), CBP and FDA will continue educating the public and the trade community about the PN reporting requirements, but will also begin making targeted informed compliance efforts and issuing penalties to egregious violators. During this phase, CBP will still process and release most shipments of imported food products that violate the PN reporting requirements, provided that a "BTA Hold" has not been placed against the shipment.
   
   

5. Once full enforcement begins, all shipments of imported food that violate the PN reporting requirements will be either held at the port of arrival or sent to a secure facility until they can be brought into full compliance with the reporting requirements or are exported from the US with CBP approval. In addition, penalties may continue to be issued for egregious violators.

Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.