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  5. CSMS 52011554
CSMS 52011554·Operational·May 27, 2022·View on csms.cbp.gov ↗

Importation of Infant Formula Products Based on Current Supply Chain Shortage

Plain-English explanation

CSMS 52011554 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on May 27, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Importation of Infant Formula Products Based on Current Supply Chain Shortage". 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 #52011554 - Importation of Infant Formula Products Based on Current Supply Chain Shortage U.S. Customs and Border Protection sent this bulletin at 05/26/2022 08:13 PM EDT   Cargo Systems Messaging Service CSMS #52011554 - Importation of Infant Formula Products Based on Current Supply Chain Shortage This CSMS message provides instructions regarding the ACE Transmission Requirements for the importation of foreign sourced infant formula, and contact information related to FDA’s recently published infant formula enforcement discretion guidance. On May 16, 2022, the U.S. Food & Drug Administration (FDA) issued “ Guidance for Industry: Infant Formula Enforcement Discretion Policy , ” to manufacturers of infant formula, designed to increase the availability of infant formula in the United States. FDA intends to temporarily exercise enforcement discretion with respect to certain requirements for infant formula. The guidance is expected to remain in effect until November 14, 2022. To increase availability of infant formula in the U.S., FDA has outlined a process by which the agency would not object to the importation of certain infant formula products covered under this guidance.  A list of firm/products that FDA has found amenable for enforcement discretion is published at: Increase Infant Formula Supplies.    ACE Transmission Requirements   Program Code:             FOO Processing Code:          PRO Intended Use Code:      None for standard import Product Code:              Use Product Code Builder .  Industry code “40” is for                                     Baby Food Products                                     Products including Infant Formula.                A complete list of required data elements can be found in the FDA Supplemental Guide .    Submission of Prior Notice information is required for infant formula shipments. For Personal Shipments FDA strongly encourages transmitting the food facility registration (PFR) and the FSVP Importer information. If you are unable to obtain this information, use the following: FSVP Importer Exemption: Use the exemption code FSX in the affirmation of compliance field Food Facility Registration Exemption:  FME with exemption code K in affirmation of compliance field   Contacts and Additional Information: Foreign infant formula manufacturers who would like to make a request for enforcement discretion: submit as much product information as you have available to Infant_Formula_Flexibility@fda.hhs.gov , addressing the parameters outlined in the guidance document found here: https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-infant-formula-enforcement-discretion-policy . Please find a recording of the recent FDA webinar on the guidance here: https://www.fda.gov/food/workshops-meetings-webinars-food-and-dietary-supplements/fda-webinar-guidance-industry-infant-formula-enforcement-discretion-policy-05202022   Questions regarding the importation of infant formula or including entry filing requirements should be sent to: InfantFormulaImports@fda.hhs.gov Contact ACE_Support@fda.hhs.gov for ACE rejects and processing questions Questions about specific entries should be sent to the local FDA Import Office that covers the port where the products entered the United States. Contact information can be found at the following link: Import Offices and Ports of Entry | FDA You can check the real-time status of your entry, submit entry documents, submit locations for exam, and obtain Notices of FDA Action via ITACS at https://itacs.fda.gov . For questions on personal importation of infant formula, please review FDA’s Personal Importation webpage. Questions regarding the United States Department of Agriculture (USDA) certificates should be sent to:  APIE@usda.gov (Note Infant Formula in subject line)   Additional Resources FDA Entry Submission and Review Process Prior Notice Importing Human Foods Personal Importation Policy Infant Formula Registration & Submissions Food Facility Registration FSVP Importer Identifier: D-U-N-S number       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 52011554?

CSMS 52011554 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Importation of Infant Formula Products Based on Current Supply Chain Shortage". 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 52011554 published?

CBP published CSMS 52011554 on May 27, 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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