§10.7 U.S. Customs & Border Protection (CBP)

• Jurisdiction: United States
• Publication year: 2022

§10.7 U.S. Customs & Border Protection (CBP)

The CBP is the border agency under the Department of Homeland Security. Among other duties, CBP screens imported food shipments. CBP and the FDA work simultaneously to implement provision of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (BTA).¹⁴

Under the BTA, a party with knowledge must submit electronically prior notice to the FDA for food to be imported or offered for import into the United States. Dietary supplements are included as foods for purposes of prior notice.

§10.7.1 Necessary Information for Prior Notice

Prior notice must include:

• Product identified by FDA Product Code;
• Identification of the manufacturer, shipper, or grower;
• Registration or claim of exemption;
• Country of origin;
• Country from which the product is shipped;
• Anticipated port arrival;
• Anticipated date of arrival;
• Automated Commercial System (ACS) entry type and date; and
• Bill of lading/Air waybill and or in-bond number, as appropriate.

§10.7.2 Time for Filing Prior Notice

Timing for filing the prior notice is based upon the method of shipping:

• If shipped by land, Prior Notice must be given 2 hours prior to shipment arrival at border if by road and 4 hours prior to shipment arrival at border if by rail;
• If shipped by air, Prior Notice must be submitted 4 hours prior to shipment arrival at border;
• If shipped by ocean vessel, Prior Notice must be submitted 8 hours prior to shipment arrival; or
• If shipped by international postal service, Prior Notice must be submitted at the time of mailing of shipment.¹⁵

§10.7.3 Method of Submitting Prior Notice

Prior Notice may be submitted via:

(a) The Automated broker Interface (ABI) at the time of entry. This allows submission to the FDA through the interface between the Customs and Bureau Agency and the FDA;
(b) The Automated Commercial System

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