For those who import food products, it is time to re-register your food facilities with FDA. Starting in 2012, companies were required to re-register their food facilities with FDA on a biennial basis. The re-registration period is from October 1 through December 31 of each even-numbered year.
Re-registration can be down via the FDA Food Facility Registration website. Please note that “renewing” your registration is different from “updating” your registration. If you recently “updated” your registration, you still need to go into the FDA Food Facility Registration website to “renew” your registration.
Remember that the FDA Food Facility re-registration requirement applies to both food importers as well as their overseas manufacturers. Please remind your food manufacturers to renew their FDA Food Facility registration before the end of the year. As your food manufacturers go through the renewal process, please also be aware of the U.S. Agent appointment process. Domestic food facilities are not required to appoint a U.S. Agent. However foreign food facilities are required to appoint a U.S. agent. It is extremely important for U.S. Agents to remember that under the FDA Food Safety Modernization Act (FSMA), the U.S. agent is responsible for paying for any FDA re-inspections of foreign food facilities. FDA’s fees are not cheap. FDA will be billing for foreign travel at a rate of $305 per hour. Therefore I would HIGHLY recommend that U.S. food facilities think twice before accepting responsibility to be the U.S. Agent for foreign food manufacturers.
Food facilities have until the end of this year to get re-registered. Please do not waste time and get your re-registration completed early to avoid being denied import privileges by FDA.
Let me know if you have any questions.
Great World Customs Service
tel# 650-873-9050 x1019
A lot has happened in the past few months to make the solar panel AD & CVD landscape even more convoluted. I’ve created a diagram to help illustrate what I believe to be the current situation regarding AD and CVD duties on solar panels.
There are a couple of flavors of solar panels that may be imported and depending on the details, may be subject to AD and/or CVD.
1.) Solar panels manufactured in China using Chinese solar cells are covered under A-570-979.
2.) Solar panels manufactured in anywhere (including China) using Taiwanese solar cells are covered under A-583-853.
3.) Solar panels manufactured in China using solar cells that have their essential material background in China (example: ingots and / or wafers) fall under a new AD & CVD case (A-570-010 and C-570-010).
4.) Solar panels manufactured in China using solar cells that are completely of origin other than China or Taiwan are currently excluded outside the scope of any of the cases mentioned above. HOWEVER, it is the importer’s responsibility to be able to prove that the solar cells are completely made in a country other than China or Taiwan. Most recently, Customs has begun requesting documents and information such as the following:
- Name and address of the actual manufacturer of the solar panels
- Country of origin of the solar cells
- Production records / bill of materials related to the manufacture of the goods (including solar cells)
- Manufacturer purchase invoices related to the materials incorporated into the goods with particular focus on the cells incorporated into the goods,
- Cell lot number(s)
- Cell manufacturing date
- Plant location of the cells
- Serial numbers for the cells
- Cell specification sheets including cell physical dimension and cell material type
- Purchase orders and contracts
- Certificate of Origin for the solar cells
The AD & CVD landscape may be changing even further as the DOC looks into possibly closing loophole#4 mentioned above.
Feel free to contact me with questions.
Great World Customs Service
t: 650-873-9050 x1019