MEMO TO CLIENTS ISSUE 23-021 – November 6, 2023

FDA Proposes to Amend Prior Notice for Foods Sent by Mail to the United States

The Food and Drug Administration has issued a Notice of Proposed Rule Making (NPRM ) to amend the requirements of prior notice for articles of food arriving by international mail.  add a requirement that prior notice and food facility registration information be submitted within a certain timeframe, after certain notices of refusal or hold have been issued (‘post-refusal’ and ‘post-hold’ submission. add a requirement that prior notice and food facility registration information be submitted within a certain timeframe, after certain notices of refusal or hold have been issued (‘post-refusal’ and ‘post-hold’ submission). Information on the name of the international mail service, a tracking number, and the facility registration number will be required for a refused shipment that is not immediately re-exported. Information would be required within the 10th day of the refusal.  Comments on this proposal can be submitted by January 24, 2024.  The NPRM can be found at 2023-24086.pdf (govinfo.gov)

Update on New FDA Cosmetic Registration and Cosmetic Product Listing Requirements

The U.S. Food and Drug Administration (FDA)) has issued an update on its proposed requirements for the registration of cosmetic product facilities and cosmetic products.  The FDA issued proposed regulations in August this year.  The update explains that the final instructions and program launch date are not ready yet, but FDA is working on them to get them done soon. The update that was issued this week includes links to helpful instructions to be ready when the registration program becomes effective.  This update includes a structured product labeling guide to understand the labeling reporting requirements, information on the pilot program for the Cosmetic Product Facility Registration and the federal register notice with  draft guidance for the industry. The link for this update with the links to lots of information for the program in  development can be found at: https://www.fda.gov/cosmetics/cosmetics-news-events/fda-issues-update-cosmetic-product-facility-registration-and-cosmetic-product-listing

Four Countries Losing AGOA Eligibility, One Regaining It

President Biden has notified the Senate and House of Representatives of his intent to remove the designation of the Central African Republic, the Gabonese Republic (Gabon), Niger and the Republic of Uganda as beneficiary sub-Saharan African countries un the African Growth and Opportunity ACT (AGOA). The termination of the qualification for AGOA for these four countries will be January 1, 2024. The President also announced that his intent to reinstate Mauritania into the AGOA program also on January 1, 2024. The announcements from the White House can be found at: `https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/letters-to-the-speaker-of-the-house-and-president-of-the-senate-on-intent-to-terminate-the-designation-of-the-central-african-republic-the-gabonese-republic

A memo reminder of Carmichael’s additional service offerings

In this memo, we are highlighting our Foreign Trade Zones (FTZs) services/capabilities:

•             Carmichael can assist with the initial evaluation as to whether a FTZ is right for your company.

•             In managing a FTZ, Carmichael can perform the following:

o             FTZ Transaction Processing – CBP CF7512, PTT, CF214, CF216, CF3461, CF7501

o             FTZ Administration & Compliance Management

o             Inventory Control & Recordkeeping Management

o             Post FIFO Adjustments

o             Quarterly HMF Reporting

o             Annual Reconciliation Reporting

o             Management Reporting & Metrics

o             Assist with CBP Audits

To learn more about our FTZ services/capabilities, please contact:  moc.tenmracnull@selas