On September 7, 2017, U.S. Customs and Border Protection (CBP) issued CSMS# 17-000543 providing additional guidance on cargo processing during Hurricane Irma and (now Tropical Storm) Harvey. The CSMS stated that CBP HQ and Field Offices continue to closely monitor Hurricane Irma, as well as the effects on trade caused by Hurricane Harvey, and will continue to provide updated guidance and information as applicable. In addition, CBP is providing the following updated guidance:

For a weekly estimated entry that is filed after the fact due to system downtime caused by this season’s hurricanes and receiving an error message about elected entry date being greater than 7 days from the filing date, it may be best to adjust the elected date to match the current filing date and notify the port about the change as required. Trade partners and CBP should make note in their records that this occurred to avoid post audit problems later.

In addition, CBP should exercise due diligence in situations where they are issuing liquidated damage claims for late filing of entry summary during these events. Filers should be notifying CBP of any issues to avoid additional work and expense.

FDA UPDATE:

In response to the port closures for Hurricane Harvey and Hurricane Irma, FDA will be extending the expiration dates for standalone Prior Notice filings via either PNSI or ACE standalone transmissions (PE transaction) for shipments going to those ports that were/are subject to closure. Note that if cargo is diverted to another US port of unlading, there is no need for a new Prior Notice. If the cargo diverts and discharges in a foreign country for transit to the US, then this is considered a new shipment that requires a new prior notice.

Questions regarding prior notice during this downtime should be presented to the FDA’s Division of Food Defense Targeting 24/7 at (866) 521-2297.

FWS UPDATE

Guidance for FWS related issues may be found here: https://www.fws.gov/le/pdf/09-06-2017-Florida-FWS-Port-Closures.pdf