On January 21, 2021, US Customs and Border Protection (CBP) published CSMS 45773761, announcing two-stage enforcement of the APHIS Core message set. The phased enforcement is intended to provide importers and other stakeholders with time to adjust to the data requirements.
Specifically, the message stated:
“The first stage of enforcement will commence on January 25, 2021, requiring filers to submit message set data for regulated products. During this time, APHIS will continue to maintain “warning” level Harmonized Tariff Code flagging (refer to Federal Register Notice APHIS-2017-0069). Beginning March 15, 2021, during the second and final stage, APHIS will fully enforce APHIS Core message set submission using “reject” severity flagging. The delay until March 15, 2021, is technical only; filers should start submitting APHIS Core message set data on January 25, 2021 (see previous CSMS messages 45472348 and 44840710).”
APHIS Core Overview
APHIS Core does not change the admissibility requirements of goods; however, the method for providing information to CBP has changed for regulated goods–from paper delivered at the port of entry to transmission via the Automated Commercial Environment (ACE). APHIS licenses, permits, certificates, or other documents (LPCO) for many goods must now be transmitted via ACE, and a broad range of products are impacted. The APHIS Core Message Set includes Plant Protection & Quarantine (APQ), Veterinary Services (AVS), Biological Regulatory Services (ABS), and Animal Care (AAC) programs. Products range from flowers, seeds, fruits, and vegetables to plants, plant products, live dogs, and animal byproducts. What makes things extra complicated is that HTSUS codes are too general to make a determination of applicability because both regulated and non-regulated commodities can fall within the same HTSUS code.
For more information regarding APHIS Core requirements, including determining which goods are subject to APHIS Core, please visit Deringer’s APHIS Core webpage, the National Customs Brokers and Forwarders Association of America’s (NCBFAA) APHIS Core toolkit, or watch the webinars found on APHIS’ site. Your local Deringer service center is also available to help you understand the new regulation and its requirements.