CSMS 50141844·Operational·November 19, 2021·View on csms.cbp.gov ↗

USDA AMS Updates to Trade on Imported Pecans and Imported Christmas Trees

Plain-English explanation

CSMS 50141844 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on November 19, 2021. It carries the official CBP guidance brokers and importers must follow for the topic — "USDA AMS Updates to Trade on Imported Pecans and Imported Christmas Trees". 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 #50141844 - USDA AMS Updates to Trade on Imported Pecans and Imported Christmas Trees U.S. Customs and Border Protection sent this bulletin at 11/22/2021 09:00 AM EST Cargo Systems Messaging Service CSMS #50141844 - USDA AMS Updates to Trade on Imported Pecans and Imported Christmas Trees The United States Department of Agriculture (USDA) is reaching out to pecan importers to provide information regarding the Pecan Promotion, Research, and Information Order, 7 CFR 1223, (Order) and the American Pecan Promotion Board (APPB), which administers the program. The Order became effective on February 12, 2021, which established a research and promotion program whose mission is to share the benefits of pecans with consumers through promotion, public relations, and education, while engaging in research to better serve customers and producers. The Secretary of Agriculture recently appointed 10 domestic producers and 7 importer members to the APPB who will guide these market-enhancing activities designed to increase demand for pecans. USDA is charged with oversight of this program to ensure its fiscal accountability and integrity. In accordance with the Federal Act, 7 U.S.C. 7411-7425, and Order: • Importers who import 50,000 pounds or more of inshell pecans (25,000 pounds or more of shelled pecans), on average for four fiscal periods are required to pay the assessment. • APPB assessment rates are $ 0.02 per pound on all inshell pecans and $ 0.04 per pound on all shelled pecans. • Assessments for most R&P programs are collected by U.S. Customs and Border Protection, however the automatic collection for imported pecans has not yet been established. The importer must submit the First Handler/Importer Report form every month along with a payment for assessments. • Assessments are due 10 calendar days after the end of the previous month. For example, November assessments are due by December 10. Due to complexities in starting this program, October 2021 assessments are due as soon as possible, but no later than December 10, 2021. • Importers seeking a de minimis exemption must submit annually the Application for Exemption from Assessment and the appropriate documentation to the APPB. Importers must import on average for four fiscal periods, less than 50,000 pounds of inshell pecans (25,000 pounds of shelled pecans). • Importers seeking an organic exemption must submit annually the Organic Exemption Request Form (AMS-15) and the appropriate documentation to APPB. Records must be maintained for three years beyond the fiscal period of their applicability and are subject to inspection. Failure to pay assessments and file reports will result in penalties. For updates and to download forms, visit this website: https://www.ams.usda.gov/rules-regulations/research-promotion/pecan . If you have questions regarding the APPB or assessments, please contact Maggie Pepper at mpepper@armstrongbackus.com or (325) 653-6854 or Alex Caryl at Alexandra.Caryl@usda.gov or (202) 253-4768. Updates to Imported Fresh Christmas Trees under the Christmas Tree Promotion Board Checkoff The Christmas Tree Promotion Board is providing the following information to improve accuracy and knowledge of the importation of Christmas trees. This will hopefully correct any misunderstanding on the assignment of HTS codes for Christmas trees. What are the three Christmas Tree HTS codes? • 0604.20.0020 – Evergreen Christmas Trees: Douglas Fir • 0604.20.0040 - Evergreen Christmas Trees: Fir except Douglas Fir • 0604.20.0060 - Evergreen Christmas Trees: Other These codes should NOT be used for fresh wreaths and boughs (“brush”), as well as other products that are not Christmas trees. Please make corrections if Christmas tree loads are identified with improper codes. What is the Christmas Tree Promotion Board Checkoff? • The Christmas Tree Promotion Board (CTPB) is a mandatory Research and Promotion Program authorized under U.S. law that took effect in 2014. • It is administered by the CTPB with oversight by the U.S. Department of Agriculture. • Under the Checkoff, assessments are paid by domestic Christmas tree producers, as well as importers. How is the assessment collected from importers? • Assessments for most R&P programs are collected by U.S. Customs and Border Protection, however the automatic collection for imported Christmas trees has not yet been established, so the importer pays the CTPB directly. • The CTPB depends on US Customs reports after the shipping season to determine how many fresh Christmas trees are imported and to identify the “Importer of Record;” the responsible party for paying the assessment. Who can I contact? • For more information, please contact Marsha Gray with the Christmas Tree Promotion Board at 800-985-0773, or via email at marsha@christmastreepromotionboard.org . Commodity Promotion, Research and Information Act of 1996 (7 U.S.C. 7411-7425) . Christmas Tree Promotion, Research and Industry Information Order (7 CFR Part 1214) . 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 50141844?

CSMS 50141844 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "USDA AMS Updates to Trade on Imported Pecans and Imported Christmas Trees". 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 50141844 published?

CBP published CSMS 50141844 on November 19, 2021. 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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