CSMS 50999050·Operational·February 14, 2022·View on csms.cbp.gov ↗

Food and Drug Administration (FDA) Receiving Contradicting FSVP ACE Data Elements

Plain-English explanation

CSMS 50999050 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on February 14, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Food and Drug Administration (FDA) Receiving Contradicting FSVP ACE Data Elements". 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 #50999050 - Food and Drug Administration (FDA) Receiving Contradicting FSVP ACE Data Elements U.S. Customs and Border Protection sent this bulletin at 02/14/2022 09:00 AM EST Cargo Systems Messaging Service CSMS #50999050 - Food and Drug Administration (FDA) Receiving Contradicting FSVP ACE Data Elements FDA has been receiving a significant volume of Partner Government Agency (PGA) lines containing human and animal food products, to include dietary supplements, with conflicting data elements associated with the Foreign Supplier Verification Program (FSVP). Specifically, these lines contain both the Entity Role Code FSV (Foreign Supplier Verification Program Importer) in PG19, and an Affirmation of Compliance Code to indicate the product is exempt from FSVP; FSX (Product is Exempt from FSVP requirements) and/or RNE (Product is for R&E (Research and Evaluation), therefore exempt from FSVP requirements) in PG23. Refer to PG19 and PG23 in the ‘Food Commodity Combined’ and the ‘Non-PN Food Commodity or PN Requirements Previously Met’ sections in the FDA Supplemental Guide for ACE FSVP requirements. ACE logic will be deployed in the future to prevent transmission of these contradicting data elements. Meanwhile, filers are encouraged to correct this contradicting information as soon as possible. Software vendors are encouraged to prevent the transmission of Entity Role Code FSV and the exemption Affirmations of Compliance (FSX or RNE) on a single PGA line to avoid this confusion for future entries. For questions related to FDA ACE requirements contact FDA ACE Support at ACE_Support@fda.hhs.gov , Monday-Friday, 8AM-8PM Eastern. For questions related to FDA’s FSVP requirements for human and animal food products, contact the Food Safety Modernization Act (FSMA) Technical Assistance Network (TAN) via https://www.fda.gov/food/food-safety-modernization-act-fsma/fsma-technical-assistance-network-tan . 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 50999050?

CSMS 50999050 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Food and Drug Administration (FDA) Receiving Contradicting FSVP ACE Data Elements". 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 50999050 published?

CBP published CSMS 50999050 on February 14, 2022. 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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