The maze of regulations and requirements relating to importing products into the US can be daunting. There are numerous steps involved, depending on the product and where it is from.
The following page is not intended to tell you “how-to” import your product into the US, but will provide links to various resources where you can learn more about what requirements are necessary before importing a product into the US. The US government provides numerous programs to assist US companies with their import programs. APPA provides a consultant to assist APPA Member in their export and import needs. See this APPA Web Page on Import and Export Solutions with a complimentary consultation for APPA members from a customs broker that works with many of our members.
For general import information see the links to the US Customs and Border Patrol. For all food products, including pet food, supplements and chews you will need to be aware of the FDA’s prior notice and registration requirements under the Bioterrorism Act and the Food Safety Modernization Act. For meat and poultry products and other agricultural products see the links for the USDA’s Web pages. For general import information you may want to be aware of Incoterms which is the language of international trade developed by the International Chamber of Commerce. Each Incoterm refers to the type of agreement for the puchase and shipping of goods internationally.
For Pet Food and other food products the FDA has a system of Prior Notification for Imported Food Products and the Foreign Supplier Verification Program (FSVP) under the Food Safety Modernization Act. The facility must also be registered with the FDA.
The adulteration and misbranding standards for feed and feed ingredients of foreign origin are the same as for those of domestic origin. A notable difference is the burden of proof that FDA must meet to refuse the entry of products of foreign origin. Under Section 801(a), the agency must only establish that the product “appears” to be violative under the Federal Food, Drug and Cosmetic Act. This is a lesser standard than that to establish a domestic product as violative. http://www.fda.gov/AnimalVeterinary/Products/ImportExports/default.htm
Imported products regulated by FDA are subject to inspection at the time of entry through US Customs. Shipments found not to comply with our laws and regulations are subject to detention. They must be brought into compliance, destroyed, or re-exported.
The Food Safety and Modernization Act (FSMA) and Bioterrorism Act Requirements: Registration of Facilities and Prior Notice of Shipments.
Importers of any merchandise into the US must file a customs entry form with the appropriate port director of the US Customs Service within 5 working days after the shipment arrives at a port. All merchandise coming into the US must clear customs and is subject to a customs duty unless specifically exempted by law. Clearance involves a number of steps: entry, inspection, appraisement, classification and liquidation.
For meat and poultry shipments, the Food Safety Inspection Service (FSIS) of the US Department of Agriculture (USDA) requires two documents which should accompany the filing with the Customs Service:
• The Health Certificate from the country of origin indicating the product was inspected, passed the country’s inspection service and is eligible for export into the US, and
•The Import Inspection Application and Report (FSIS Form 9540-I).
For food products and ingredients, including pet food, treats, and supplements, prior notice of the imports’ anticipated arrival must be provided to the CBP and the FDA. In addition, these products must come from a facility that has registered with the FDA.
The FDA FSMA rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals is final, and the first compliance dates began on May 30, 2017. The final rule requires that importers perform certain risk-based activities to verify that food imported into the United States has been produced in a manner that meets applicable U.S. safety standards. This rule is the product of a significant level of outreach by the FDA to industry, consumer groups, the agency’s federal, state, local, tribal and international regulatory counterparts, academia and other stakeholders. The FDA first proposed this rule in July 2013.
The US Customs Service may require the importer to post a surety bond.
Tips for new importers and exporters
US import requirements
Determining duty rates - The importer must declare the dutiable value of the imports.
CSI is a program intended to help increase security for containerized cargo shipped to the United States from around the world.
Harmonized Tariff Schedule
The importer must determine the classification number of the merchandise being imported. The Harmonized Tariff Schedule of the United States (HTSUS), issued by the United States International Trade Commission, prescribes the classification of merchandise by type of product.
LINKS
The National Center for Import and Export
APHIS Import Authorization System (IAS)–
• IAS currently allows customers to submit applications to import fruits & vegetables and animal products, organisms, and vectors online, as well as check the status of an existing application and submit revisions to an existing application
Generally, an USDA permit is required for imported materials derived from animals and plants. Animal products, which require permits, include dairy products and meat products (e.g., meat meal and bone meal) from countries with livestock diseases exotic to the United States.
USDA Guidelines for the import of animal feeds
USDA Guidelines for the import of pet chews
USDA Foreign Agricultural Service(import programs)
US Harmonized Tariff Schedule (for agricultural products). Also provided by the International Trade Commission, see above.
• The U.S. FAIRS report contains market access reports which aim to consolidate general information on the technical requirements (i.e. food laws, labeling, import procedures, etc.) for food and agricultural imports.
Food Safety and Inspection Service (FSIS) For meat, poultry and egg products
Eligible Foreign Countries and establishments for meat and poultry;
Animals: Center For Disease Control
Animal Feeds, Feed Supplements, and Pre-Mixes
PET CHEWS
• Pet Chews Made of Antlers or Rawhide
• If you are bringing into the country RAWHIDE or ANTLER CHEWS, EVEN A LIMITED NUMBER OF SAMPLES FOR DISPLAY AT GLOBAL PET EXPO you may be required to obtain a USDA VS Import Permit.
Here is when you may need an Import Permit for RAWHIDE:
• If you are bringing in plain rawhide for pet chews/treats which are cut, molded or in sheets you do not need a permit. But, if the rawhide has been ground, basted, flavored, colored or otherwise processed you must obtain a USDA VS Import Permit.
• Rawhide is defined as untanned cattle skin made into leather by dehairing, drying, liming and other processes. Products which do not meet this description, such as pork hides labeled as rawhide, also require a VS Import Permit.
Here is when you need an Import Permit for ANTLERS:
• Plain, naturally shed antlers intended for use as pet chews/ treats originated from a region free of FMD and Rinderpest are allowed to bring in their product without a VS Import Permit when accompanied by an original health certificate signed by a full-time salaried veterinarian of the agency responsible for animal health in the exporting region stating the name of the FMD/Rinderpest free country of origin of the antlers, and that the antlers are clean, dry and free of soil, clay, sand, tissue and undried pieces of hide, flesh sinew and other related material.
• Antlers which have been ground, powdered, or flavored, or from a region affected by FMD and antlers in Velvet must be accompanied by a VS Import Permit.
HOW TO GET A USDA APHIS VS IMPORT PERMIT for Rawhide or Antlers
Amphibians, Fish, Reptiles, Shellfish and Aquatic Species