The Federal Emergency Management Agency (FEMA) published a Federal Register notice on April 21, 2020, defining exemptions to the temporary rule allowing FEMA to reallocate certain PPE and COVID-19 related goods intended for export. The intent of the initial rule was to ensure that scarce PPE materials (e.g., N-95 respirators, other filtering facepiece respirators, respirator cartridges, and PPE surgical masks/gloves, etc.) remain in the US for use in responding to the spread of COVID-19.
In the latest Federal Register Notice, FEMA lists ten exemptions, which will allow the goods to proceed immediately for export as scheduled; however, some exemptions will require a letter of attestation to qualify. CBP also published an Information Notice explaining the exemptions, some examples of which include: 1) shipments bound for the US commonwealths and territories, 2) exports by non-profit organizations solely for donation to charities, 3) intracompany transfers of covered materials by US companies to company-owned/affiliated foreign facilities, and 4) covered materials exported for assembly in medical/diagnostic kits destined for US sale and delivery.
PPE & COVID-19 Related Imports
On April 21, 2020, US Customs and Border Protection published CSMS 42448725 providing a US Food and Drug Administration (FDA) update to CSMS messages 42124872 and 42168200. The update gives additional instructions regarding the import of personal protective equipment (PPE) and certain other devices relating to COVID-19. Additionally, the CSMS lists links to FDA and CBP guidance documents for these products; FDA’s “COVID-19-Related Guidance Documents for Industry, FDA Staff, and Other Stakeholders” webpage offers a filterable list of these documents as well.
If you have questions regarding the import or export of COVID-19 related goods, please contact a Deringer service Center.