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Exempt Commodity Imports May be Reported Electronically or on Paper

Wednesday, March 25, 2015
Sandler, Travis & Rosenberg Trade Report

The Department of Agriculture’s Agricultural Marketing Service has issued an interim rule amending the reporting requirements for commodities exempt from import regulations under section 608(e) of the Agricultural Marketing Agreement Act of 1937 by adding an option to electronically file the Importer’s Exempt Commodity Form (FV-6 form). AMS states that this change is required to support the International Trade Data System.

This rule amends the regulations that specify safeguard procedures for fruits, vegetables and specialty crops that are exempt from 8e regulations, which currently include avocados, grapefruit, kiwifruit, olives, oranges, table grapes, Irish potatoes, onions, tomatoes, dates, walnuts, raisins and pistachios. These safeguard procedures require that importers and receivers certify to AMS by filing an FV-6 form that an imported commodity is sent to and used in an exempt outlet as authorized by the regulations and as declared on the FV-6 form. Examples of authorized exempt uses include processing, livestock feed, seed, and distribution to charitable organizations or relief agencies.

The safeguard procedures previously specified requirements for filing a paper FV-6 form for an imported shipment intended for an exempted purpose, with an online submission option. Under this rule, however, these sections will provide options to submit an FV-6 form either electronically or on paper.

This rule also updates the three import safeguard sections to reflect that the definition of an importer includes a customs broker when that broker is acting as an importer’s representative and to clarify that both an importer and a receiver must certify an FV-6 form.

This rule is effective as of March 28. Comments received by May 26 will be considered prior to the issuance of a final rule.

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