International Trade Law News

U.S. Customs and Border Protection (CBP) Commissioner Robert C. Bonner today announced that beginning on June 4th at 6 a.m. Eastern Standard Time the third phase of the Bioterrorism Act (BTA) will be implemented. Phase III requires that CBP and the Food and Drug Administration (FDA) receive prior notice of all food for humans and animals imported or offered for import into the United States. Failure to provide prior notice will result in the merchandise being refused entry. Under the BTA food products shipped by truck are required to file prior notice two hours prior notification, 4 hours for rail and air, and 8 hours for sea.

Under the Phase III implementation, goods that have not obtained prior notification will be held at the port of entry or at a FDA registered secure facility. The carrier will have the opportunity to voluntarily export the items if compliance with the BTA cannot be accomplished in a timely manner or at all. There is an exception for transportation and exportation entries, which require that prior notice be filed at the port of arrival before movement can be authorized.