USDA 


iiiiii 

United States Department of Agriculture 

Food Safety and 

Inspection Service 

1400 Independence 

Avenue, SW. 

Washington, D.C. 

20250 

SENT VIA ELECTRONIC MAIL 

July 5, 2017 

Dear Sir/Madam, 

**IMMEDIATE ACTION REQUIRED** 

To: Importer/Customs Broker: 

The United States Department of Agriculture (USDA), Food Safety and Inspection 

Service (FSIS) is notifying you that, as stated in Federal Register Notice 82° FR 

30721 , all shipments of imported Siluriformes fish and fish products entering 

the United States (U.S.) must be presented to FSIS at an Official Import 

Inspection Establishment within 30 days for reinspection by FSIS personnel. 

The 2014 Farm Bill mandated FSIS reinspection of Siluriformes fish. On December 

2, 2015, FSIS published the final rule, "Mandatory Inspection of Fish ofthe Order 

Siluriformes and Products Derived from Such Fish." As the final rule explains, fish 

ofthe Order Siluriformes are amenable to the Federal Meat Inspection Act (FMIA, 

21 U.S.C. 601(w)(2)), and the rule establishes the mandatory reinspection program 

and its regulatory requirements. The final rule can be accessed on the FSIS Website 

at: http ://www.fsis.u da.gov/wps/wcm/connect/878aa316-a70a-4297-b352­

2d41 becc8f73/2008-003 1 F.pdf?MOD=AJPERES. 

This letter is to inform you that, effective August 2, 2017, imported Siluriformes 

product entering commerce without FSIS import reinspection will be considered a 

violation ofthe Federal Meat Inspection Act (FMIA) as well as the implementing 

regulations for each Act (9 CFR 557.3). The importer ofrecord is responsible for any 

product identified as Failure to Present (FTP), which may then be subject to recall. 

Beginning August 2, 201 7, all imported Siluriformes fish products must move from 

the port or wharf, upon release by the U.S. Customs and Border Protection, directly 

to an FSIS official import inspection establishment. Product offloaded at any 

location other than such establishment will be considered a Failure to Present, no 

longer eligible for entry into U.S. commerce, and may be subject to recall if further 

distributed and no longer under the immediate control ofthe Importer ofRecord. 

FSIS will reinspect all shipments of imported Siluriformes fish and fish products, 

just as we reinspect all shipments of imported meat products. 
PSIS has posted on its website a list of official import inspection establishments that 

are currently approved for Siluriformes fish and fish products import activities: 

https://www.fsis.usda.gov/wp,/wcm/connect/b5 fa98 2-8029-4ccb-88c 1­

1663 02070d9/ iJuriformes-I-Houses.pdf'?MOD= JPERES 

PSIS will announce any updates to these lists in the Agency's Constituent Update 

(http://www.fsi .us<la. gov/wps/portal/f: is/newsro mlmeetings/ news letters/consti tuen 

tupdates). 

U.S. customs brokers who have not registered with PSIS must complete and submit 

PSIS Form 5020-1, Registration of Meat and Poultry Handlers, which can be found 

at: hllp://www.fsis.usda.g v/wps/w m/connecL/245282ee-4cd5-4247-8fe0­

04f8b7e94db5/Form-5020-1.pdf?MOD=AJPERES. 

Application and Presentation: All shipments of imported Siluriformes fish and fish 

products must be presented for reinspection at an official PSIS import inspection 

establishment beginning August 2, 2017. The importer must apply for inspection at 

an official import inspection establishment by providing PSIS Form 9540-1, Import 

Inspection Application, to PSIS at the selected inspection location no later than the 

date of entry. The Import Inspection Application can be found online at: 

http://www. fsis. uscla. gov /wps/wcm/ connect/ a8eead0d-23 c3-4 28e-93 7 fa8a05 b09ed b b/P IS-9540-1-lmport-Inspection-App!ication.pdf. MOD=AJPERES. 

See Attachment 1 of this letter for guidance on completing the Import Inspection 

Application. 

PSIS strongly encourages importers and brokers to communicate and coordinate 

closely with your business partners, inspection establishments, and your PSIS 

District Office well in advance of implementation to facilitate full compliance. 

While PSIS is willing to assist wherever possible to address questions and concerns, 

PSIS does not coordinate business flows within the trade communities. 

Please submit any questions to askfish@fsis.usda.gov. 

Sincerely, 

~~ I-William C. Smith 

Assistant Administrator 

Office of Field Operations 

ATTACHMENT 1: FSIS 9540-1, IMPORT INSPECTION APPLICATION 

FSIS 9540-1, IMPORT INSPECTION APPLICATION 

(Siluriformes Fish) 

The following is guidance to importers and customs brokers of Siluriformes fish and fish 

products for completing FSIS' import inspection application (FSIS Form 9540-1). 

**Denotes the importer. The customs broker is required to provide the information 

described in the block of the application. Other information may be provided if known. 

Block: 

1. 	 **Country of Origin (REQUIRED). Enter the name of the country that produced the product. 

2. 	 Inspection Certificate Number. Enter the serial number, including dashes/slashes, from the 

inspection certificate issued by the foreign country, if available. 

3. 	 Exporting Establishment Number. Enter the official number ofthe foreign facility that 

exported the product, if available. This may or may not be the same facility that produced the 

product. 

4. 	 **U.S. Port ofEntry/CBP Port Code (REQUIRED). This is the name of the port of entry and 

the associated CBP port code designation where the entry is filed with U.S. Customs and 

Border Protection (CBP). Example: When the entry is filed at the Port of Philadelphia for 

merchandise unladed at Long Beach, CA, enter "Philadelphia, PA- 1101" as the U.S. Port of 

Entry and Port Code. 

5. 	 **U.S. Port of Unlading/CBP Port Code (REQUIRED). This is the name of the U.S. port of 

entry and the associated CBP port code for where the merchandise is unladened. 

6. 	 **FSIS Establishment Number (REQUIRED). This is the official number assigned by FSIS 

to the official import inspection establishment where the product will move from the port to 

be presented to FSIS for import inspection. Only official import inspection establishments 

that have updated their Grant of Inspection to receive Siluriformes fish product may be 

selected on the application. 

7. 	 **Name and Address of FSIS Establishment (REQUIRED). This is the name and address of 

the FSIS official import inspection establishment where the product is to be moved from the 

port to be presented to FSIS for import reinspection. 

8. 	 **Name (first/last), Business Name and Address of Customs Broker or Applicant, as 

applicable (including zip code) (REQUIRED). Self-explanatory (NOTE: the name of a 

responsible person is required, in addition to the name of the business). 

a. 	 **Phone Number (REQUIRED). Self-explanatory. 

b. 	 Facsimile Number. Self-explanatory. 
c. 	 **E-Mail Address (REQUIRED). The e-mail address for communication with the 

applicant. 

9. 	 **Name (first/last), Business Name and Address of Consignee (including zip code) 

(REQUIRED): The name and address, including zip code, of the company or person to which 

the product is consigned (NOTE: the name of a responsible person is required, in addition to 

the name of the business). 

10. **Name (first/last), Business Name and Address oflmporter of Record (IR) (including zip 


code) (REQUIRED). The name and address of the Importer of Record as declared to CBP 


when the entry is filed (NOTE: the name of a responsible person is required, in addition to 


the name of the business). 


11. **Bill of Lading Number(s) (REQUIRED). Enter the applicable bill of lading numbers for 

this application. 

12. Lot No. The lot number of each line item of product identified on the foreign inspection 

certificate, if available. Start with 1 and continue with 2, 3, etc. 

NOTE: Blocks 13 through 32 repeat for each lot on an inspection certificate. PSIS expects that 

each line item on the foreign inspection certificate is one (1) lot on the PSIS Form 9540-1. 

13. Shipping/Identification Mark. Enter the unique number from the inspection certificate that 

links the product in the lot to the inspection certificate. Include slashes/dashes as appropriate. 

14. **Custom Entry Number(s) (REQUIRED). Enter each applicable 11-digit custom entry 

number associated with the shipment. 

15. Production Date(s). Enter the range of production dates from the inspection certificate for 

each lot when applicable. 

16. 	**Net Weight of Lot (REQUIRED). The net weight of each lot MUST be in pounds. 

17. **Shipping Unit Package Type Name (REQUIRED). Enter the type of shipping unit. 

Shipping units are the outside containers (e.g., boxes, totes, etc.) 

18. 	**Number of Units (REQUIRED). Enter the number of shipping units. 

19. Immediate Unit Package Type Name. Enter the type of immediate container packaging. 

20. Number per Shipping Unit. Enter the number of immediate containers contained in a 

shipping unit. When the amount is not standard in each shipping container, enter an 

average/ approximate number. 
21. Seal Number(s). Enter the conveyance seal number(s) from the inspection certificate (egg 


products, red meat carcass shipments, etc.). 


22. **Processing Est. No. (REQUIRED). Enter the foreign establishment number ofthe foreign 

plant that produced the product (e.g., last processed the product). establishment number of 

the foreign plant that produced the product (e.g., last processed the product). 

htlp://www. fsi . usda.gov/wps/por1a1/fsis/topics/in 'pee tion/ iiuriformes 

23. Source Country(s). Enter each country, other than the exporting country, from which product 

was sourced to produce the product. 

24. Source Est. No. Enter each establishment, other than an establishment in the exporting 


country, from which product was sourced to produce the product. 


25. **HTS Code(s) (REQUIRED): The 10 number Harmonized Tariff Schedule code(s) for the 

product( s) in the lot. 

26. Process Category. Enter the process category from the inspection certificate, if provided. 

27. Product Category. Enter the product category from the inspection certificate, if provided. 

28. Product Group. Enter the product group from the inspection certificate, if provided. 

29. **Species (dominant) (REQUIRED): Enter one of the following species that the product 

predominantly contains: Siluriformes-Ictaluridae (Catfish) or Siluriformes-Other. 

a. 	 **Additional Species (if applicable, REQUIRED). Enter any less predominant 

additional species from the inspection certificate, when applicable. Refer to #29 for 

the applicable entries. 

30. **Description of the Product (REQUIRED). Enter the name or description of the product. 

For example, basa filets, swai nuggets, etc. 

31. Supplemental Product Code. Enter the GTIN, Intended Use Code, UPC, or other product 

code that is used in commerce for the product. 

32. **Estimated Date of Arrival (REQUIRED). Enter the date that the product is expected to 

arrive at the PSIS official import inspection establishment for import inspection. 

33. **Printed Name of Customs Broker or Applicant (REQUIRED). Enter actual name of person 

signing this application. 

34. **Signature (REQUIRED). Signature of person in #33. 

35. **Date (REQUIRED). Enter the date the application is completed.