CSMS 54456976·Operational·December 22, 2022·View on csms.cbp.gov ↗

Import Restrictions on Certain New Zealand Fish and Fish Products

Plain-English explanation

CSMS 54456976 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on December 22, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Import Restrictions on Certain New Zealand Fish and Fish Products". 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 # 54456976 - Import Restrictions on Certain New Zealand Fish and Fish Products U.S. Customs and Border Protection sent this bulletin at 12/22/2022 03:43 PM EST Cargo Systems Messaging Service CSMS # 54456976 - Import Restrictions on Certain New Zealand Fish and Fish Products Trade Policy Updates In response to the United States Court of International Trade order (Slip Op. 22-130) and in cooperation with the National Marine Fisheries Service (NMFS), the U.S. Customs and Border Protection (CBP) has imposed import restrictions on fish and fish products from the New Zealand inshore set net and trawl fisheries deployed in the range of the Maui dolphin, a marine mammal species endemic to the west coast of the North Island. This action prohibits the importation into the United States from New Zealand all snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet, and gurnard fish and fish products harvested by set nets and trawls in the inshore fisheries of the west coast of New Zealand’s North Island within the Maui dolphin’s geographic range. To effectuate the court order, snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet, and gurnard fish and fish products imported into the United States under the HTS codes listed on the NMFS website indicated below, caught with a set net or trawl within the Maui dolphin range, are prohibited from entry into the United States unless accompanied by Certification of Admissibility that the fish or fish products are not of the designated species, were derived from fisheries using other gear, or derived from fisheries operated in other areas. NMFS has worked with Government of New Zealand to establish Certification of Admissibility procedures and additional details on documenting inbound shipments have been published on the NMFS website listed below. Either the NMFS-issued Certification of Admissibility form (OMB Control # 0648-0651) or the New Zealand-issued form US350 Certification of Admissibility may be used to validate that the inbound shipment/consignment is not subject to the court-ordered trade restriction. Similar to the NMFS COA form, the NZ US350 form must be uploaded via the ACE Document Image System using code NMF23 at the time of entry or submitted directly to the CBP port of entry via email, fax or paper. NMFS does not require that all data fields are completed on the New Zealand issued US350 form, provided there is sufficient information to determine that the consignment contains fish that are not subject to the embargo. For example, if the fish species in the consignment as identified on the New Zealand form US350 is not within the scope of the embargo, other data fields (e.g., fishing gear, vessel names) may indicate “not applicable”. NMFS advises that U.S. importers consult with New Zealand exporters regarding the species in the consignment, the appropriate HTS code for U.S. entry filing, and the version of the form (U.S. or New Zealand) to be used to certify admissibility in response to the court order. For the purposes of enforcing the court-ordered ban, the west coast of North Island inshore set net and trawl fisheries are designated as vessels less than or equal to 46 meters length overall that are authorized for fishing by the government of New Zealand and that operate in Fishery Management Area 8 and Fishery Management Area 9. See this web link for information on New Zealand’s delineation of fishery management areas: https://niwa.co.nz/media-gallery/detail/109673/42525 HTS Codes prohibited entry into the United States from New Zealand and more information on the use of Certification of Admissibility is available on line at: https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions . NMFS is available to assist importers and the trade community for questions on these import restrictions. Questions on the court ordered ban, the affected fish products, or Certification of Admissibility can be directed to: trademonitoring.support@noaa.gov . Related Message: This CSMS supersedes and replaces CSMS # 54241464 US350_1 US certificate of admissibility.pdf 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 54456976?

CSMS 54456976 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Import Restrictions on Certain New Zealand Fish and Fish Products". 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 54456976 published?

CBP published CSMS 54456976 on December 22, 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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