National Organic Standards Board: 

Import Panel

Paul Lewis, Ph.D. 

Director, Standards Division

National Organic Program

1
Background 

• The Agricultural Marketing Service/National 

Organic Program has determined that certain 

shipments of corn and soy, shipped from 

Turkey were fraudulently labeled as organic.

2
NOSB Work Agenda and Import Panel

• Request for NOSB recommendations(s) on improving 

the oversight and control procedures used by 

AMS/NOP certifiers, and operations to verify organic 

claims.

• Today’s panel provides Federal perspectives on the 

import of organic products.

3
NOSB Import Panel

• Michael Durando – USDA/Agricultural Marketing 

Service/Marketing Order and Agreement Division

• Daniel Collier – Department of Homeland 

Security/Customs and Border Protection

• Matthew Farmer – USDA/Animal Plant Health 

Inspection Service/ Plant Protection and Quarantine 

Program

• Jennifer Tucker, Ph.D. – USDA/Agricultural Marketing 

Service/National Organic Program

4
www.ams.usda.gov/nop
Imported Agricultural Products 

Regulation

National Organic Standards Board

October 31, 2017
Key Points 

• Improving government services through crossdepartmental information technology 

• Complexity of agricultural import regulation 

• Case Study: Streamlining AMS 8e import 

enforcement

• Critical elements for success
ITDS/ACE

International Trade Data System

Automated Commercial Environment

• U.S. Customs and Border 

Protection (CBP)

• Customs Modernization Act of 

1993

• Single, centralized access point 

for government and trade 

community

• Multi-billion dollar investment 

over 15-20 years

• 47 Partner Government Agencies 

(PGAs)

Advantages:

 Coordination among 

47 agencies

 Streamlined industry 

compliance

 Real-time 

government decisionmaking

 Reduced costs

 Reduced paper
Partnerships and Governance

ITDS Board of Directors

• ACE development

Border Interagency Executive 

Council (BIEC)

• Operations and Maintenance

• PGA development, 

modernization, enhancement

Departments:

• Agriculture

• Commerce

• Defense

• Energy

• Justice

• Labor

• Homeland Security

• Interior

• Transportation

• HHS

• Treasury

• State

• Independent 

Agencies
USDA Participants
CBP Participants in AMS

• Marketing Orders 

and Agreements

• Specialty Crops 

Inspection

• Shell Eggs Quality 

Assessments

• Market News

• Research and 

Promotion 

Programs

Interactive Users Data Users
Section 8e Import Regulations

(Fruits, Vegetables, Specialty Crops)

• Section 8e of the Agricultural Marketing 

Agreement Act of 1937

• Requires import enforcement of comparable 

standards (grade, size, quality, maturity) to 

domestic marketing orders

• Enforces inspection of commodities prior to 

release from CBP custody 

• Approximately 250,000-350,000 entries per year
Section 8e Regulated 

Commodities

• Avocados

• Dates (not processing)

• Hazelnuts/Filberts

• Grapefruit

• Grapes (Table)

• Kiwifruit

• Olives (no Spanish-style)

• Onions

• Oranges

• Irish-type Potatoes

• Pistachios

• Raisins

• Tomatoes

• Walnuts
Before ACE

• Difficulty reconciling paper certificates with import 

data affected timeliness

• Automatic release by CBP after 30 days

• Weekly data transfer from CBP to AMS via CD

• Limited visibility of entries

Paper 

filings by 

importers

Manual 

notifications 

requesting 

inspections

Paper 

inspection 

certificates 

by AMS
After ACE

• Real-time inspection and CBP data to AMS

• “Hold-intact” authority by AMS determines release 

by CBP

• Most entries released within 24 hours

• Visibility of all entries

Electronic 

filing by 

importers

Automated 

inspection 

request

Automated 

real-time 

reconciliation

Electronic 

inspection 

information
1) 8e importer 

files in ACE 2) Inspection 

request

3) Inspection 

reconciliation

4) ACE instructed to 

to release or hold 

shipment CEMS

How CEMS Works
CEMS Development

• Three years

• $3 million

• AMS Information Technology Service

• Outside contractor

• Nine ACE/CEMS message sets
CEMS Results

• Visibility increased from 500 to 5,000 entries per week

• Compliance case investigation and average closing 

time reduced from 3 months to 3 weeks

• 1,200 closed cases since July 2017

• Full enforcement of Section 8e import regulations

• Leveled playing field for American producers

• Assured quality for American consumers
Critical Elements

• Legal Authority: AMAA 1937

• Clear process supported by regulations

• Funding for system development, operations and 

maintenance

• Staff resources for compliance enforcement

• Communication and outreach to stakeholders
Thank You

www.ams.usda.gov/moab

Michael Durando

Director

Marketing Order and Agreement Division

michael.durando@ams.usda.gov

202-720-2491
AUTOMATED 

COMMERCIAL 

ENVIRONMENT (ACE) 

October 2017
INTERNATIONAL TRADE

• In FY2016, CBP processed more 

than $2.3 trillion in imports and 

more than $1.5 trillion in exports , 

and collected approximately $40 

billion in duties, taxes and fees

ACE / ITDS

• Executive Order established December 

2016 as deadline for implementation

• ACE is the technology enabler through 

which Single Window processing is 

realized

PARTNER GOVERNMENT 

AGENCIES

• More than 47 Partner Government 

Agencies

• Streamlines paper submissions 

and multiple entry systems

• Automates 269 forms required for 

imports and exports

2
One U.S. Government at the Border 

(1USG)

 The ultimate goal is to improve U.S. economic competitiveness 

through facilitation of trade, while enhancing PGA enforcement.

Filer submits entry or 

entry summary to 

CBP

ACE reviews 

submission and 

holds, releases, or 

rejects

If documents are needed 

filer responds by sending

requested documents 

via DIS

ACE reviews and 

provides a system 

response

CBP and/or Partner 

Government Agency 

(PGA) personnel review 

submissions and take 

appropriate action

1 2 3 4 6 Transactions 

are accepted 

and release 

messages sent

5

ACE ACE Released CBP &

PGA

PGA business rules 

are built into ACE and 

run against trade data

When all CBP equities 

are met, trade receives 

release of cargo

When all government 

equities are met, trade 

receives a 1USG message

ACE communicates 

with CBP and 

other agency 

systems for 

security checks

151 Import and 58 

Export agency forms 

have been 

automated 
Best Practices

P L E A S E

Political 

Will

Legal 

Framework Engagement Agility Sharing Evaluate
United States Journey to a 

Single Window

 ACE programming began in 2001 to streamline data

 International Trade Data System (ITDS), an interagency initiative 

that established a single system for the collection and distribution 

of trade data, mandated in 2006

 Executive Order signed in 2014, set deadline for US single 

window completion and established Border Interagency Executive 

Committee (BIEC)

5
Significant Legal Authorities

 CBP enforces laws and regulations on behalf of 47 federal agencies

 CBP enforces admissibility requirements, and may 

detain, seize, or deny entry of any merchandise that fails to meet those requirements when 

entering the U. S.

 Publish Timely Regulations for CBP/Partner 

Government Agencies to ensure proper authorities are in place to affect change and 

collect the desired data

 Seek approval from governance bodies such 

as Office of Management and Budget (OMB) 

and Office of Information and Regulatory 

Affairs (OIRA)

 Update trade program and operational 

guidance for agency personnel and the user 

community in industry

Legal History

 1993 Mod Act: 

 Mutual importer 

compliance 

responsibility

 2006 SAFE Port 

Act: 

 Recognized and 

prevented threats 

along supply chain

 2014 Executive 

Order

 Established Border 

Interagency 

Executive Council 

(BIEC)
7

1 Strategy

• White House

• Congress

• National Security Council

• National Economic Council

• Office of Management and Budget

3 Technical

• TSN Subcommittees

• U.S. Customs and Border Protection 

Internal Committees

2 Policy & Process

• Trade Support Network (TSN): 

Trade Leadership Council

• ITDS Board of Directors

• Commercial Operations Advisory 

Committee (CCOAC)

• Border Interagency 

Executive 

Committee

• Deputies 

Committee

Monitoring Progress
Oversight:

Stakeholder Engagement

8

Commercial Operations Advisory 

Committee (CCOAC)

20 members | 1-2 monthly calls | 4 

annual onsite meetings

3 sub-committees work on ACE:

• One U.S. Government at the Border

• Modernization

• Exports

Output: Strategic, public policy level 

recommendations.

Trade Support Network

300 members (40 leadership reps) | Monthly 

calls | 2 annual onsite meetings

9 sub-committees work on ACE:

Output: Detailed requirements for new ACE 

features, enhancements to existing features 

and assistance with testing.

• Account Management

• Entry

• Export

• ITDS

• Legal & Policy

• Multi-Modal Manifest

• Supply Chain Security

• Transition

Strategic/ Policy Approach Automation/Tactical Input

Industry Partner Government Agencies

ITDS Board of Directors

Technical reps from 47 agencies | Chaired 

by Treasury Under Secretary | Monthly 

onsite meetings

Works on all aspects of ACE integration. 

Forms committees and working groups as 

needed to address specific issues.

Output: Focus on automation and driving 

interagency requirements.

2014

Border Interagency Executive 

Council

47 agency Executives | Chaired by 

DHS Secretary | 4 annual onsite 

meetings

3 sub-committees:

Output: Policy coordination and 

reduction of barriers preventing 

automation.

• Risk Management

• Process Coordination

• External Engagement
Agile Implementation

July 23, 2016

ACE mandatory for all 

entry and entry 

summary types. 

May 1, 2015

ACE mandatory for 

all electronic 

manifest filings 

2015 2016

August 27, 2016

ACE mandatory for 

electronic protests

2017

May 2016

Finalized migration of 

Automated Export System 

(AES) and AESDirect portal 

capabilities to ACE from 

U.S. Census 

9

December 2017 

Scheduled 

Deployment and 

mandatory transition 

of Statements

September 2017 

Scheduled deployment 

and mandatory 

transition of Duty 

Deferral, e214, NonABI Summary, and 

Importer Security Filing 

(ISF)

February 2018 

Scheduled deployment and 

mandatory transition of 

Core and TFTEA 

Drawback, Reconciliation, 

Liquidation and Automated 

Surety Interface. 

2018
5

Oversight

4

Conduct 

Pilot

3

Working 

Groups

2

Pilot

Definition

1

PreRequisites

PGA Integration Process

CBP established a process to facilitate and manage integration of PGAs 

into ACE

1. Outline legal agreements, requirements collection, regulations 

review/update, rollout planning

2. Define criteria, publish public announcement

3. Facilitate working groups with trade members to define technical 

requirements

4. Solicit participants, coordinate filings, expand

5. Report through committee meetings on status and decision points

10
Partner Government Agency 

Prerequisites

11

Document the scope and deadline

of the outlined work. 

2

Formalize 

Agreements

Assess individual agency needs. 

1

Begin 

Onboarding

3

Data 

Analysis

Catalog all paper forms an agency 

collects to facilitate the import and 

export of goods.

4

Determine 

Pilot

Complete coding and initiate a pilot.
Key ACE Benefits for PGAs

 Federal agencies have 

earlier, automated 

visibility to shipment 

data

 Expedites their import 

or export assessments at the border and speeds the flow of 

legitimate trade

 Improves security, health and safety of cargo

 Facilitates interaction between PGAs

 Integrated messaging feature allows CBP to interface with PGA 

personnel

 Eliminates need to submit PGA forms through paper

 PGA Message Set allows for digital submission of PGA data in lieu 

of paper forms.

 Document Image System allows electronic submission of imaged 

copies of PGA and CBP forms electronically as opposed to paper. 

12
Benefits of Filing with ACE

Quicker Receipt of Data

Automated Agency Interaction 

Reduced Time and 

Paper Costs 

Manifest Submissions

Manifest Submissions

• File electronic truck manifests (include ACE Portal filing)

• Designate authorized partners who can use carrier custodial bonds

• Receive enhanced visibility of cargo status

• Reduce wait time at Ports of Entry 

Entry Submissions (Cargo Release)

• Streamline submission of data elements 

• Remove requirement to file paper CBP Form 3461 

Entry Summary Submissions

• Increase traceability for audit and expedite release via eBond

• Replace paper processes with electronic post summary corrections

• Reduce invoice transmissions through Census Overrides

Exports

• Generate reports of up to 5 years of export data

• Incorporate Bureau of Industry and Security (BIS) license control updates

• Incorporate Census regulatory changes

Periodic Monthly Statement

• Pay duties & fees on monthly basis 

• Consolidate entry summaries for a month on one statement 

• Track activity with customized account views
Lessons Learned

14

 Through build and implementation of a Single Window 

the following factors should be considered:

Pre-Implementation Throughout 

Implementation

Post-Implementation Resulting Outcomes

 Baseline 

process/performance/out

come measures (i.e. time 

to release)

 Define criteria for 

success

 Identify necessary 

training, business 

process, and legal

updates

 Agency Readiness

 Partner Government 

Agency Readiness

 Trade Community 

Readiness

Approach for future 

updates/enhancements

 What methods are best to 

collect inputs from 

stakeholders?

 How are requests 

reviewed and 

prioritized?

Approach for cost sharing:

 Should one organization 

be responsible for 

funding maintenance and 

upgrades?

 Have other offices 

achieved a cost savings 

by relying on the single 

window?

 Impact on trade 

facilitation, enforcement, 

security objectives and 

economic outcomes

 Return on investment for 

the trade community

 Enhanced border 

coordination and risk 

management
ACE on CBP.gov

1. Left Navigation:

 Getting started

 Technical Documentation 

(CATAIR, IGs, etc.) 

 ACE Features 

(Detail on ACE 

capabilities)

2. Main Column:

 Updated with latest 

news/headlines

 Mandatory Dates

 What’s New with ACE?

 Links to publications

3. Right Navigation:

 ACE portal

 CSMS

 Outreach

 Training

 FAQs

 Support

1 2

3
Questions?
APHIS Role in Import Process

United States Department of Agriculture

Animal and Plant Health Inspection Service

Plant Protection and Quarantine

Matthew Farmer

Assistant Director
Topics • Org Chart/Mission • APHIS Programs • Safeguarding Continuum • Market Access and Regulatory 

Process

• Agriculture Quarantine 

Inspection Process

• Initiatives • Resources • Summary

2

APHIS Mission

To protect the health and value of American agriculture and 

natural resources. 
Key APHIS Programs

• Animal Care (AC)

• Biotechnology Regulatory Services (BRS)

• International Services (IS)

• Plant Protection and Quarantine (PPQ)

• Veterinary Services (VS)

• Wildlife Services (WS)
Safeguarding Continuum

Offshore 

Programs

Permitting

Border & Port 

Inspection

Pest ID & 

Mitigation SITC

New Pest 

Detection 

&Response

Pest 

Eradication & 

Management
Market Access and the Regulatory 

Approval Process (Plants)

• Pre-Petition Planning

• Petition Process – Prerequisites for pest risk assessment

• Market Access Approval Process

– Rulemaking

– Notice Based Market Access

• After Approval

• Phytosanitary Treatments

• System Approaches
Rulemaking

• The standard process 

– Time consuming 

– Several years before new 

commodities are allowed 

into the United States

• In 2007, APHIS developed 

the Notice Based Process 

(NBP)

– Applicable only under 

pre-defined standards

– Streamlined

– Shortens the timeframe
To Qualify for the Notice Based Process

• Subject to inspection upon arrival

• Imported from designated pest free area

• May require phytosanitary treatment (7 CFR §305)

• Inspection + certification in country of origin

• Commercial consignments only

• Full criteria to qualify for NBP (7 CFR §319.56-4)
Steps After Regulatory Approval

• Manuals (e.g. Fruits and Vegetables Import Requirements 

(FAVIR), Treatment Manual) updated

• Permit conditions defined

• APHIS and National Plant Protection Organization(NPPO) 

develop Operational Work Plan
Steps After Regulatory Approval

• Permits drafted and issued

• CBP informed of the shipment arrival and permit conditions

• Facility certification/compliance agreements/preclearance 

protocol established

• NPPO requests pre-clearance from APHIS
Phytosanitary Treatments
Agriculture Quarantine Inspection Process

Commercial Importation

• Can the commodity be imported? FAVIR

• Entry documents – Notice of arrival, import permit, 

phytosanitary certificate, certificate of origin, etc....

• Inspection of commodity

• Disposition

oReleased no pests, disease or discrepancy

o Held for pest identification/documentation

oCondition of entry treatment

o Prohibited

Future/Ongoing Initiatives

• Automated Commercial Environment/International 

Trade Data System (AC, BRS, PPQ, VS)

• Risk Based Sampling (PPQ)

• Permit Issuance Streamlining (BRS, PPQ, VS)
Resources

16

APHIS Stakeholder Registry

https://public.govdelivery.com/accounts/USDAAPHIS/s

ubscriber/new

Fruits and Vegetables Import Requirements (FAVIR)

https://epermits.aphis.usda.gov/manual/index.cfm?ACT

ION=pubHome
More Questions?

17

APHIS Customer Service 

Call Center

1-844-820-2234

Monday – Friday 08:30 –17:00 

https://www.usda.gov/ask-expert
Topics • Org Chart/Mission • APHIS Programs • Safeguarding Continuum • Market Access and Regulatory 

Process

• Agriculture Quarantine 

Inspection Process

• Initiatives • Resources • Summary

18
Concerns, Comments and/or Questions

19
Import Panel: The NOP View 

Jennifer Tucker, Ph.D. 

Associate Deputy Administrator

1
Current Work 

• Integrity and ACCREDIT

• Export Certificates 

• OIG Audit Report Responses 

– Import Certificates with Customs and 

Border Protection 

–Needs Assessment and Concepts of 

Operation will shape future vision and 

investments 

2
Upcoming Work 

• Explore the development of an international 

supply chain traceability system

• Conceptualize Alternative Models: 

–Governance (Industry, Government) 

– Technology (Blockchain, Others) 

3
How NOSB Can Help 

1. Propose roles for industry, certifiers, and NOP to 

protect the organic integrity of imports within the 

existing regulatory framework 

2. Propose a Concept of Operations for full supply 

chain audits, in addition to certifier-specific audits 

3. Propose governance alternatives for an 

international supply chain traceability system

4. Propose how certifiers can verify inspector skills in 

specialized audit activities, such as traceback and 

mass balance audits, through performance reviews 

4
www.ams.usda.gov/nop