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USDA Amends Regs to Provide for Electronic Filing of Importer’s Exempt Commodity Form

Thursday, June 25, 2015
Sandler, Travis & Rosenberg Trade Report

The Department of Agriculture’s Agricultural Marketing Service is adopting as a final rule, without change, a March 2015 interim rule that amended its import regulations to add an option to electronically file an “Importer’s Exempt Commodity Form” (FV-6 form) for imported fruits, vegetables and specialty crops that are exempt from import regulations under section 8e of the Agricultural Marketing Agreement Act of 1937. The interim rule also revised these regulations to (a) reflect that the definition of an importer includes a customs broker when it is acting as an importer’s representative, (b) clarify that both an importer and a receiver must certify an FV-6 form, (c) update AMS contact information, and (d) move the procedures for filing FV-6 forms for dates or raisins that are exempt from 8e regulations to the specialty crops safeguard procedures section.

The AMS states that the electronic filing option was added to bring the import regulations into conformance with the current practice of filing FV-6 forms electronically using the Marketing Order Online System, an Internet-based application implemented in 2008. These changes were also required to support the International Trade Data System. In the future, AMS states, importers and receivers will report exempt shipments electronically through the Automated Commercial Environment or the CEMS system that is currently under development and will eventually replace MOLS.

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