G/TFA/W/48  
 
5 July 2021  
(21-5328) Page: 1/3 
Committee on Trade Facilitation  Original: English  
 
 
THE ROLE OF SECOND TEST PROCEDURES IN TRADE FACILITATION  
COMMUNICATION FROM THE UNITED STATES  
The following communication, dated 2 July 2021, is being circulated at the request of the delegation 
of the United States.  
 
INTRODUCTION  
1. The Trade Facilitation Agreement (TFA) sets forth ways a Member can improve the impartiality 
of its actions and its transparency with respect to expediting the movement, release, and clearance 
of goods. For example, Article 5.3 outlines guidan ce for those Members that provide for a second 
inspection test to be conducted in case the result of the first inspection test of a sample taken upon 
arrival of imported goods shows an adverse finding. In this regard, Article 5.3.2 requires a Member 
either  to publish the name and address of any laboratory where the test can be conducted or to 
provide such information to the importer under appropriate circumstances. If a Member provides an 
opportunity for a second test to be conducted, Article 5.3.3 requires  that a Member to consider the 
results of the second test and, if appropriate, accept the possible release and clearance of goods.  
2. Article 5.3 is of particular importance for agricultural products. As noted in the WTO 's 2015 
World Trade Report, full implem entation of the TFA by all WTO Members can reduce the cost of trade 
of agricultural goods by 10.4 percent. By following the procedures outlined in Article 5.3 of the TFA, 
the United States aims to improve agricultural trade efficiencies for enterprises by reducing food 
waste and lowering the cost to consumers while meeting the needs of the expanding global 
population predicted by the UN 's Food and Agriculture Organization.  
THE US DEPARTMENT OF AGRICULTURE'S APPROACH1 TO SECOND TESTS UNDER TFA 
ARTICLE 5.3  
3. In the United States, US Customs and Border Protection (CBP) is the lead US government 
agency for conducting inspections and tests at the border. CBP is the first in line among a variety of 
agencies to inspect imported goods to ensure food safety, animal an d plant health, and product 
safety as part of a strong, integrated approach to border management and control, which combines 
customs, immigration, border security, as well as food safety and agricultural protection, into one 
coordinated activity. In coordi nation with other agencies, CBP is the first to inspect and conditionally 
approve the entry of agricultural products at ports of entry. Incoming agricultural products are 
inspected and tested for animal and plant health issues, as appropriate, by CBP perso nnel trained 
by the US Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS). 
CBP uses a robust risk management system that enforces the importation of safe products into the 
United States.2 The use of this risk management s ystem allows CBP officials to inspect and approve 
products quickly and efficiently while minimizing costs for traders and clearing the products for 
further inspection.  
 
1 This approach does not include the U.S. Food and Drug Administration’s (FDA) policies and procedures 
for conducting second tests.  
2 One example of a risk management is system is the FDA Predict system (see 
https://www.fda.gov/industry/import -systems/entry -screening -systems -and-tools). This system is managed by 
FDA. G/TFA/W/48  
 
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  4. If there is a non -favourable animal or plant health finding for an agricultural product inspected 
at the port, CBP will provide the importer notification that the product has been refused entry and 
the rationale for rejection. The following steps occur for the animal and plant health inspection only:  
• The importer has the option of destroying the product, re -exporting the product, treating 
the product, or requesting a second test.  
• The United States will conduct a second test when requested to do so by the exporter.  
• When a second test is requested, CBP will send samples to a laborator y. 
o Plant product samples are sent to members of the National Plant Diagnostic Network 
(NPDN), which is a collection of participating laboratories at universities around the 
country. The flagship NPDN laboratory, which is operated by APHIS, is located in 
Beltsville, Maryland. The contact information for the NPDN3 is publicly available.  
o Animal and animal product samples are sent to a National Veterinary Services 
Laboratory (NVSL). The NVSL consists of two facilities, one of which is located in 
Ames, Iowa, an d the other in Plum Island, New York. These facilities are part of the 
APHIS Veterinary Services. The contact information for the NVSL4 is publicly 
available.  
• Within the United States, a concentrated number of regional laboratories are used in order 
to limit costs. The United States also uses a robust risk management system that allows 
inspections to be done quickly and effectively.  
 
5. If a Member provides an opportunity for second testing, in accordance with Article 5.3.3, a 
Member shall consider the result s of the second test and may accept the results of such test. For 
example, US CBP inspectors may not have the ability to identify insects in a shipment of fruits 
beyond the genus level. As a result, CBP inspectors may initially reject a shipment for contai ning 
members of an insect genus that includes quarantine pest species. The importer may request a 
second, more precise identification test at an NPDN facility, which may determine that the species 
of insect detected is not a quarantine pest. As a result of  the second test, the shipment may be 
released.  
6. USDA 's Food Safety and Inspection Service (FSIS) has jurisdiction over the safety and 
wholesomeness of meat, poultry, and egg products. All imported meat, poultry, and egg products 
must be presented to FSIS f or a food safety import inspection at an official import inspection 
establishment prior to the release of product into commerce. The product may not enter US 
commerce until FSIS provides acceptable inspection results to CBP. The FSIS import inspection 
includes laboratory sampling of a shipment for microbiological contamination or for chemical residues 
or pathogens and is conducted in accordance with the FSIS annual sampling plan. FSIS selects 
laboratory samples on a statistically random basis or based on ri sk. Samples are analysed  by an 
FSIS Field Service Laboratory. The list of these laboratories is available on the FSIS website.5 
7. FSIS does not allow for a second round of testing as a means of negating a positive result. 
However, if a meat (including Silur iformes), poultry, or egg product shipment sample fails one or 
more laboratory analyses, or any type of FSIS import inspection, FSIS has an appeals process that 
allows any person receiving inspection service to appeal any FSIS inspection decision, includin g a 
failed type of inspection such as lab sampling. Appeals may be made orally or in writing to the FSIS 
program employee 's immediate supervisor and follow a chain -of-command assessment and 
decision -making process to resolve the appeal.  
CONCLUSION AND RECO MMENDATIONS  
8. The United States supports the sharing of experiences to achieve the TFA 's aims of further 
expediting the movement, release, and clearance of goods with respect to animal and plant health 
issues, including agricultural goods in transit. Article  5.3 outlines guidance for Members that provide 
for a second inspection test to be conducted in case the result of the first test shows an adverse 
finding. The United States in this communication has provided information about its approach to 
 
3 https://www.npdn.org/home  
4 https://www.npdn.org/home  
5 https://www.fsis.usda.gov/science -data/laboratories -procedures/fsis -laboratories  G/TFA/W/48  
 
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  second tests.  The United States recommends that Members use similar cost saving and time saving 
systems to effectively clear products entering their market, while ensuring the safety of products. 
This includes using a robust risk management system, use of laboratories if a second test of products 
is requested, and making test systems and laboratory information public.  
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