The mandatory requirement to submit a PGA message set to the USDA’s National Organics Program (NOP) went into effect on March 19th, 2024.
We’ve created some FAQs to help you understand some of the aspects of this new requirement:
Do shippers and importers need to be certified, or only exporters?
A “handshake” between a certified exporter and a certified importer must exist. This means the foreign exporter (final handler) must be certified, in addition to the importer. Also, all other handlers in your supply chain must also be certified. Here are some resources for Importers
should review the following resources to understand the program:
- Complying with SOE: Importing/Exporting Organic Products to the US
- Strengthening Organic Enforcement (SOE) Video Series
- Strengthening Organic Enforcement Rule Toolkit
- Strengthening Organic Enforcement (SOE) Final Rule Fact Sheet
Are goods valued at $800 or less subject to the NOP import regulations?
No, the de minimis provision is unavailable with goods flagged under the National Organics Program.
Can the exporter secure an NOP Import Certificate (NOPIC) after the goods are exported?
No, 7 CFR 205.273(a) says (emphasis added):
Persons exporting organic agricultural products to the United States must request an NOP Import Certificate from a certifying agent prior to their export. Only certifying agents accredited by the USDA or foreign certifying agents authorized under an organic trade arrangement or agreement may issue an NOP Import Certificate.
If an exporter can create an NOP Certificate after the export date, the importer, the exporter, or the certifying agency (or all three) may be subject to fines and penalties.
What if an NOPIC is not issued and organic goods have already been exported?
An NOP Import Certificate is required when legally importing an organic product into the US. If a valid NOPIC is unavailable when submitting a customs declaration, the shipment must either be changed to a conventional (non-organic) status or reexported.
When a NOPIC is not issued and organic goods have already been exported, the imported product may not be marketed or sold as organic in the US. Changing the shipment to a conventional status will require removing all evidence of the product as organic. This will require the cargo to be relocated to a warehouse where it will be “reconditioned.” The cargo will need to be relabeled.
If the goods are going to be reexported, either a transportation and exportation entry (T&E) or immediate export (IE) must be created to move the cargo out of the US without customs duty implications.
What happens on September 19th, 2024 – the six-month anniversary of the implementation?
Per CSMS #61723113, on September 19th, 2024, AMS will suspend the usage of the 999 temporary code. Customs declarations will not be rejected upon submission to CBP, however. The NOP enforcement team will be alerted if the importer is not yet certified, and the 999-999-T temporary code is declared on the NOP PGA Message Set. Civil penalties may be levied against the importer by AMS as a result.
September 19th, 2024 – how does the date affect customs declarations?
September 19th, 2024 represents the date of transmission of the customs declaration to CBP. If a customs declaration is submitted before this date, the customs broker may still use the 999 temporary code, however, that will not preclude AMS from sending the importer a warning letter for not being certified.
Any customs declarations submitted on or after September 19th require an electronic NOP Import Certificate (NOPIC).
That format of NOP certificate will AMS accept after September 19th, 2024?
As of September 20th, 2024, AMS will only accept two types of certificate numbers:
- The NOP Electronic Certificate – a 21-character number (19 numbers and two dashes: NNN-NNNNNNNNN-NNNNNN)
- The Specialized Certificate – a nine (9)-character number (Six numbers, two dashes, and a letter suffix: NNN-NNN-A)
What is a specialized certificate number?
Per CSMS #61723113, a specialized certificate number may be issued for any of the following situations:
- Non-Retail Sales (e.g., Donations) 333-550-R
- US Goods Returned 333-800-E
- Food for Personal Consumption 010-737-M
- As part of the AMS Continuing Operating Procedure, the nine-character certificate number will be associated with the certifier as identified above. This would be utilized only in a downtime situation.
What happens if the Organic Integrity Database or AMS website is not available?
AMS is preparing a Continuing Operating Procedure in the event of a system outage by AMS. Each certifier will be designated a nine-digit certification number. During downtime, the customs broker will submit an OR1 message set containing the certifier’s ID (the nine-digit number). The nine-digit number assigned will identify the certifier. The paper certificate must be submitted to AMS NOP via the Document Imaging System (DIS) as part of the customs clearance process.
How will I know that the Organic Integrity Database or AMS website is unavailable?
Importers, exporters, handlers, customs brokers, etc. can sign up for the NOP System Outage to receive updates on the status of the Global Integrity Database. The USDA NOP will email the import community with information about GLOBAL INTEGRITY system updates, outages, and return to normal operations.
The list below describes who will be affected by outages and how the NOP will reference different parts of GLOBAL INTEGRITY in email notifications:
• GLOBAL INTEGRITY: The entire Organic INTEGRITY Database system, including the public website (USDA registry of certified operations) and the Trade Partner and Import Certificate modules.
• INTEGRITY Module: The Organic INTEGRITY Database module used by USDA-accredited certifiers to enter and update information on USDA-certified operations.
• Trade Partner Module: The Organic INTEGRITY Database component is used by trade partner governments and their accredited certification bodies to enter and update organic operations certified under USDA organic trade arrangements.
• NOP Electronic Import Certificate Module: The Organic INTEGRITY Database component is used by all USDA-accredited certifiers to issue electronic NOP Import Certificates for organic products imported into the U.S.
Can I disclaim NOP if the HTS is specific to organic products?
As of September 19th, 2024, if an HTS specific to an organic product is flagged as AM8, it cannot be disclaimed. If the user attempts to disclaim or transmit without any PGA data in the NOP message set, a rejection from CBP will be received.
Will there be new Organic HTS created by NOP?
Approximately, 6,000+ HTS are flagged as AM7 (optional) or AM8 (mandatory). AMS is working with the International Trade Commission (ITC) and CBP to reduce this total by removing the AMS flags from approximately 2,200 HTS. However, AMS is also working with the ITC to create new HTS for items currently described as “generic” and not specific to organic products such as fruits and vegetables.
As of August 27th, 2024, 400 of these HTS have recently been removed. It is expected that by September 19th, 2024, an additional 1,700 will be removed.
Are there specific organic products that currently do not require NOP declarations?
Since the rules for non-agricultural products, such as textiles, apparel, cosmetics, and other personal care products, are different, USDA organic standards do not apply. Therefore, if they are flagged as AM7, the customs broker may disclaim.
Additionally, USDA organic standards currently do not apply to seafood – both wild and aquaculture, as well as processed seafood products.
It is important to note that if these products bear the USDA Organic Seal or say “USDA-Certified Organic”, a disclaimer is not allowed
Can the CBP Importer of Record differ from the NOP Importer?
The AMS enforcement team will review, post entry, the information contained in the NOPIC and compare it to the customs declaration to look for discrepancies. The CBP Importer of Record may be different than the NOPIC recipient in box #7, however, in that instance, the consignee listed in box #25 of the Entry Summary (CBP-7501) should be the NOPIC recipient. This will enable AMS to reconcile the parties listed on the NOPIC with the customs declaration by confirming the “handshake” between the certified exporter and the certified importer. This is a recognized common practice in other industries such as the dairy and alcoholic beverage industry and where quota may be involved.
What are the top imported commodities that have been imported with organic certificates since the go-live in March 2024?
The top eight (8) commodities that AMS has reviewed since the implementation date of March 19th, 2024, based on volume are:
1. Strawberry
2. Avocado
3. Blackberry
4. Cucumber
5. Coffee
6. Tomatoes
7. Blueberry
8. Meat
