CSMS 42082100·Operational·March 19, 2020·View on csms.cbp.gov ↗

Disclaim B Should Not Be Used for Food and Drug Administration (FDA) Entries

Plain-English explanation

CSMS 42082100 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on March 19, 2020. It carries the official CBP guidance brokers and importers must follow for the topic — "Disclaim B Should Not Be Used for Food and Drug Administration (FDA) Entries". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS #42082100 - Disclaim B Should Not Be Used for Food and Drug Administration (FDA) Entries U.S. Customs and Border Protection sent this bulletin at 03/19/2020 04:38 PM EDT Cargo Systems Messaging Service CSMS #42082100 - Disclaim B Should Not Be Used for Food and Drug Administration (FDA) Entries FDA has become aware filers are incorrectly transmitting Disclaim B for FDA regulated products. Please note that the only valid disclaim code for FDA is “ A ”. CBP and FDA plans to REJECT entries submitted with a disclaim code other than “ A ” starting on or about April 18, 2020. Prior to ACE, trade would see FD0 flags associated with some HTS codes; the FD0 flag indicated that the data was not required per agency guidance. It was decided that FD0 flags would not be utilized in ACE. Disclaim B (data not required per agency guidance) was removed from the FDA ACE Supplemental Guide on March 31, 2016, which is reflected in the change log of the guide. In 2017, FDA and CBP provided CSMS#17-000227 , which reminded trade there is no FD0 Flag in ACE. The planned deployment schedule is as follows: Saturday, March 21, 2020: Changes will be available for testing in the ACE Certification Test Environment. Saturday, April 18, 2020: Planned deployment to ACE Production Environment. Users will be sent another message confirming the date of Production deployment. Entries submitted with Disclaim B will be REJECTED once the fix is deployed. Trade may continue to use Disclaim A for products that are not regulated by the FDA. For further questions on this or regarding HTS flags, please contact: FDAImportsInquiry@fda.hhs.gov . For ACE inquiries, contact FDA ACE Support, 877-345-1101, ACE_Support@fda.hhs.gov . ACE Support Hours: Monday - Friday, 6AM-8PM EST, Saturdays, 8AM-4PM EST. ACE Support is Closed on Sundays. Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 42082100?

CSMS 42082100 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Disclaim B Should Not Be Used for Food and Drug Administration (FDA) Entries". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 42082100 published?

CBP published CSMS 42082100 on March 19, 2020. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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