Customs Enforcement of Other Agencies' Regulations

• Author: Jini Koh, Ruta Riley, Christine J. Sohar Henter, Christopher H. Skinner, Maureen E. Thorson
• Pages: 245-290

CHAPTER 12

Customs Enforcement of Other

Agencies’ Regulations

JINI KOH, RUTA RILEY, CHRISTINE J. SOHAR HENTER,

CHRISTOPHER H. SKINNER, MAUREEN E. THORSON

Pursuant to its mandate to regulate U.S. customs ports and the flow of goods

into and out of the United States, U.S. Customs and Border Protection (CBP,

or Customs) is charged with enforcing import and export-related regulations of

some 40 other U.S. federal agencies. For those agencies, CBP supports critical

regulatory and policy objectives. They include, among other things, upholding

U.S. food, drug, and medical device standards; protecting U.S. consumers from

potentially dangerous and nonconforming consumer products; blocking entry

of counterfeit or g ray market goods and upholding national and international

trademark and copyright laws; protecting the environment and indigenous and

nonindigenous endangered species; enforcing antidumping and countervailing

duty measures; protecting against interference of U.S. communications channels

from nonconforming electronic devices; and preventing unauthorized imports

and exports of sensitive military and intelligence items and illicit or harmful

substances.

In 204, President Barack Obama formally established the Border Interagency

Executive Council (BIEC) to develop policies and processes to enhance coordina-

tion between government health, safety, and other trade-related issues. The BIEC

is chaired by a senior Department of Homeland Security off icial and includes

members from numerous other agencies, such as the Departments of State, Com-

merce, the Interior, Defense, and Treasury, the U.S. Environmental Protection

Agency (EPA), and the U.S. Food and Drug Administration (FDA). In addition,

the president established the Interagency Trade Enforcement Center (ITEC) to

better coordinate international trade monitoring and enforcement across federal

agencies.2 The ITEC is composed of officials from government agencies includ-

ing the Departments of Commerce, Treasury, Homeland Security, Justice, and

Agriculture, and is led by the U.S. Trade Representative.3 ITEC’s mission is to

address unfair trade practices from abroad and to coordinate federal efforts to

police international trade rules.4 However, ITEC does not duplicate the day-to-

day efforts of CBP with respect to trade enforcement, or those of the Depart-

ment of Commerce regarding antidumping/countervailing duties.5 Rather, much

of ITEC’s work since its inception has focused on consulting with individual trad-

ing partners to ensure their compliance with World Trade Organization (WTO)

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246 CHAPTER 12

rules. The establishment of the BIEC and ITEC demonstrates increased coordi-

nation and communication between agencies related to imported products and

highlights the role Customs plays in enforcing other agency regulations at the

border.

This chapter discusses some of the most signif icant responsibilities of Cus-

toms to enforce other U.S. government agencies’ regulations. While not compre-

hensive, it endeavors to provide an overview of Customs’ role and practices in

regard to a few selected regulatory areas and offers insights to assist customs prac-

titioners in navigating issues that may arise in those areas. This chapter addresses

Customs’ enforcement roles under the regulations administered by the following

U.S. federal government agencies, commissions, departments, and bureaus:

• U.S. Department of Agriculture;

• U.S. Food and Drug Administration;

• U.S. Environmental Protection Agency;

• U.S. Fish and Wildlife Service;

• U.S. Consumer Product Safety Commission;

• U.S. Federal Communications Commission;

• U.S. Patent and Trademark Office;

• U.S. International Trade Commission and Department of Commerce (in

regard to antidumping and countervailing duty orders);

• U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and

Explosives; and

• U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade

Bureau

In fact, numerous other federal agencies rely on Customs to enforce trans-

actions involving items that fall under their jurisdiction and cross U.S. borders.

While we do not address all of those agencies in this chapter, we offer at the

end a list of other federal agencies that implicate customs functions and provide

references to resources for further guidance.

H U.S. DEPARTMENT OF AGRICULTURE

USDA Import Regulatory Authority

Animal and Plant Health Inspection Service (APHIS), an agency in the U.S.

Department of Agriculture (USDA), administers and enforces U.S. import and

export laws related to agricultural products, ensuring free and fair agricultural

trade pursuant to the Animal Health and Protection Act. For imports, APHIS’

regulatory regime protects the U.S. agricultural industries from pests and diseases

through entry requirements for imports of ag ricultural products, monitoring the

health of impor ts at the U.S. border, and regulation of imported (and exported)

animals, animal products, and biologics. Specifically, APHIS’ authority includes

issuing permits for the import, transit, and release of regulated () animals (live or

hides) and animal products, (2) veterinary biologics, and (3) plants, plant products,

pests, organisms, soil, and genetically engineered organisms.

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Customs Enforcement of Other Agencies’ Regulations 247

PRACTITIONER’S TIP: The web-based ePermits system allows users to submit import

applications, track applications, apply for renewals and amendments, and access copies of

permits. Registered users may access the ePermits system at https://epermits.aphis.usda.gov/

epermits

The range of agricultural products that APHIS regulates is diverse and

includes the following categories:

• Biological specimens include bacterial cultures, culture mediums, excretions,

fungi, arthropods, mollusks, tissues of livestock, birds, plants, viruses, or

vectors for research, biological, or pharmaceutical use. Permit require-

ments are located under “Permits” on the USDA website and Centers for

Disease Control and Prevention permit information can be found on the

Etiologic Agent Import Permit Program page.

• Animals and animal products include live animals, semen, embryos, and

materials derived from animals or exposed to animal-source materials

such as animal tissues, blood, cells or cell lines of livestock or poultry

origin, RNA/DNA extracts, hormones, enzymes, and microorganisms

including bacteria, viruses, protozoa, and fungi. In addition, this includes

animal materials including dairy products (except butter and cheese) and

meat products (e.g., poultry, beef, pork, meat pies, prepared foods, and

eggs) from countries with livestock diseases exotic to the United States.

• Veterinary biologics include vaccines, bacterins, antisera, diagnostic kits,

and other products of biolog ical origin.

• Biotechnology includes genetically engineered organisms considered to be

regulated articles.

• Plants, pests/organisms, and soil include nursery stock, small lots of seed,

fruits and vegetables, timber, cotton, cut flowers, and protected, threat-

ened, and endangered plants; arthropods and mollusks (insects and snails);

fungi, bacteria, nematodes, mycoplasma, viroids and viruses, biological

control agents, bees, Plant Pest Diagnostic Laboratories, federal noxious

weeds, and parasitic plants.

Furthermore, APHIS and the Food Safety and Inspection Service (FSIS)

together regulate domestic and imported meat, poultry, and processed egg prod-

ucts, in accordance with the Federal Meat Inspection Act, the Poultry Products

Inspection Act, and the Egg Products Inspection Act.

PRACTITIONER’S TIP: APHIS published an import checklist that is especially helpful for U.S.

importers of meat, poultry, and egg products. See http://www.fsis.usda.gov/wps/portal/fsis/topics/

international-affairs/importing-products/import-checklist.

FSIS maintains several comprehensive lists and reports that are useful to

importers of meat, poultry, and egg products. A foreign audit report provides com-

prehensive audits of foreign country’s inspection systems to ensure compliance

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