September 18, 2024
The U.S. Department of Agriculture (USDA) is tightening regulations on organic imports starting September 19, 2024. Under the new rules, the temporary code (999-999-T) used for organic imports will no longer be accepted unless accompanied by a valid National Organic Program (NOP) Import Certificate (NOP-IC).
The stricter regulations demonstrate CBP’s commitment to ensuring that only truly organic products enter the U.S. market. This will aid the Agency in maintaining transparency and accountability in the organic industry and stop the inflow of mislabeled products into the U.S. market.
Previously, the temporary code was allowed in the Automated Commercial Environment (ACE) without proper documentation. However, the USDA’s updated regulations reflect its commitment to preventing mislabeled organic imports from flooding the market.
Shipments using the temporary code without an NOP-IC could face rejection or enforcement penalties. Importers must now secure the certificate before their organic imports leave the foreign port, as it cannot be issued retroactively. U.S. importers must either reclassify their shipment as non-organic or reexport the goods if the certificate is unavailable.
Organic importers are required to be certified under USDA regulations and listed in the Organic Integrity Database. ACE will be used to flag non-compliant goods, with the AMS AM8 tariff flag now carrying a reject severity for organic shipments. This will help Customs and Border Protection (CBP) identify and stop improperly labeled products.
The USDA has also introduced special codes for non-standard organic import entries, such as returned American organic goods or personal goods. These codes will be flagged under the OR2 message set in ACE.
In case of a system outage, the USDA has arranged a Continuity of Operations Plan (COOP) that allows certifiers to issue manual NOP-ICs with a temporary 9-digit number. These manual certificates will still be accepted but must be filed under specific guidelines in ACE.
For more information about this story, please reach out to our logistics consultant, Deirdre Moffitt.
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