CBP Notice on "Grower" as FDA Manufacturer for All Unprocessed Ag Goods (New Codes for Certain Hot Peppers)
U.S. Customs and Border Protection has issued a CSMS message regarding the transmission of the grower as the Food and Drug Administration manufacturer.
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The message also contains new FDA product codes for Serrano and jalapeo peppers.
Actual Grower Should be Identified for All Unprocessed Agricultural Commodities
According to CBP, a review of entry declarations indicates that a co-op or consolidator is frequently being declared as the FDA manufacturer for many raw agricultural commodities. FDA urges all filers and importers of record to identify the actual grower for all unprocessed agricultural commodities.
Filers should transmit a Manufacturer ID (MID) for the grower as the FDA manufacturer. The MID selected or built should provide the most accurate name and address information available for the grower. Although they can be the same entity, the FDA manufacturer is different than the shipper, which is the party responsible for packing, consolidating, or arranging the shipment of foods to their final destination.
Failure to provide the grower may hinder the import review process because FDA uses this information to make admissibility decisions. In addition, having information about the grower helps FDA to better target its import regulatory actions, such as when it issues an import alert for detention without physical examination or a field assignment for increased surveillance of a commodity.
Description for FDA Product Code for Hot Peppers Has Changed
CBP also notes that the description for FDA product code 24F[][]08 - Peppers, Hot (Fruit Used as Vegetable) has been changed to Peppers, Hot, N.E.C. (Fruit Used as Vegetable). As with other FDA product codes N.E.C. means Not Elsewhere Classified.
New FDA Product Codes Added for Serrano and Jalapeo Peppers
Two new product codes have been added. CBP states that the brackets should be filled with the appropriate subclass and process indicator code (PIC).
- [][]12 - Jalapeo Peppers (Fruit Used as Vegetable)
- [][]13 - Serrano Peppers (Fruit Used as Vegetable)
CBP states that these new codes should be used immediately to identify shipments of jalapeo and Serrano peppers. CBP also states that, for now, 24F[][]08 should be used to identify other hot peppers. The commercial description transmitted should provide a clear description of the invoiced product.
(CBP also notes that FDA has increased sampling of imported basil, cilantro, and Serrano and jalapeo peppers.)
FDA contact - Division of Import Operations and Policy (301) 443-6553
CSMS message 08-000164 (dated 08/21/08) available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17183&page=&srch_argv=08-000164&srchtype=all&btype=&sortby=&sby=.