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CSMS 42320854·Operational·April 9, 2020·View on csms.cbp.gov ↗

Processing International Donations for COVID-19 Response

Plain-English explanation

CSMS 42320854 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on April 9, 2020. It carries the official CBP guidance brokers and importers must follow for the topic — "Processing International Donations for COVID-19 Response". 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 #42320854 - Processing International Donations for COVID-19 Response U.S. Customs and Border Protection sent this bulletin at 04/09/2020 03:24 PM EDT   Cargo Systems Messaging Service CSMS #42320854 - Processing International Donations for COVID-19 Response This CSMS is being issued to provide guidance on the processing of merchandise imported for relief efforts in response to the COVID-19 (Coronavirus) pandemic.  This covers the importation of international donations accepted by the Federal Emergency Management Agency (FEMA) via the International Assistance System (IAS) Concept of Operations (CONOPS), and those goods being imported by U.S. charities (or other private entities) to assist with disaster relief.   IAS Imports Under the IAS CONOPS, the importation has been sanctioned by the State Department as an approved shipment after FEMA exercises its gift acceptance authority pursuant to section 701(b) of the Stafford Act, s ee 42 U.S.C. § 5201(b), and the goods are eligible to be entered without the payment of duty or taxes pursuant to 19 U.S.C. 1322(b) or 19 U.S.C. 1318(b)(2).  The requirement for advanced electronic filing of cargo information may be waived for these shipments.  For IAS goods, upon arrival at a port, a cargo manifest must be provided by the arriving carrier and screened by the port for high-risk factors in accordance with CBP policy. IAS goods do not require a formal entry and may be released off the manifest.  Also, arriving foreign shipments processed under these guidelines must be logged and tracked locally by the port in accordance with existing policies to document the following: Port of Entry Importer Consignee Description of Goods Quantity Country of Origin of the Goods Destination of the Goods Certification that the Goods were Approved for Importation under the IAS The IAS process only applies to government-to-government assistance (nation-state to nation-state assistance) and the shipments must be accepted by the United States government through the State Department.  For individuals who provide assistance outside the auspices of a nation state, domestic U.S. law applies. Charitable Organization Imports CBP may not remit the duty on the entry of any goods imported for disaster relief by a private group or individual pursuant to 19 U.S.C. 1322(b), unless the recipient is a recognized tax-exempt charitable organization.  These private groups or individuals must provide a letter from the charity, on the charity’s letterhead, with the charity’s Internal Revenue Service (IRS) number(s), stating that they are willing to accept the imported goods and that the organization intends to donate the imported goods.  Shipments meeting these criteria do not require a formal entry and may be released off the manifest.  To determine if a charitable organization is in fact an established and eligible charity, CBP personnel may verify an organization’s tax-exempt status on the IRS list web site at https://www.irs.gov/charities-non-profits/tax-exempt-organization-search .  Any merchandise that does not meet the above criteria for the IAS CONOPS or donations to charities can still be entered under established entry procedures. Any questions or concerns regarding this guidance should be addressed to Mr. Randy Mitchell, Director, Commercial Operations Revenue Entry Division, Office of Trade at otentrysummary@cbp.dhs.gov or to Ms. JoAnne Colonnello, Center Director, Pharmaceuticals, Health, and Chemicals at covid19_relief_imports@cbp.dhs.gov . For additional information please refer to CSMS #42231420 - Launching of CBP’s COVID-19 Updates and Announcements Webpage .     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 42320854?

CSMS 42320854 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Processing International Donations for COVID-19 Response". 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 42320854 published?

CBP published CSMS 42320854 on April 9, 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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