In follow up to our recent post on FCC import clearance, please note that US Customs has provided additional clarification. From CSMS #16-000583:
* Effective July 1, 2016, FCC flags were removed to comply the with Federal Register Notice allowing trade to be exempt from filing FCC data until the regulations are updated to no longer require the submission of FCC data on electronic entry summaries.
*This requirement to file FCC data is based on the Import Date rather than the date of entry summary filing. If the import date is prior to July 1, 2016, the FCC data must still be provided on the entry summary. Imports after July 1, 2016 will not be required to supply FCC data.
* Separately, CBP will no longer accept OGA Message Set data when ACS begins rejecting all entries and entry summaries on July 23, 2016. On that date, additional system validations will be in place to reject any ACE transactions that include the OGA Message Set data. Additionally, modifications will be made to ACE to no longer require FCC data regardless of the Import date since the OGA Message Set will no longer be accepted.
Effective July 1, CBP has removed FCC flags from ALL tariff numbers. This means that FCC disclaims will be rejected if sent with an entry. FCC data can be sent up until July 23 but it is NOT mandatory.
Many in the trade have only a limited understanding of which imported products are subject to FCC regulation and must be declared on entry. Generally speaking, importers are aware that computers, monitors, printers, microprocessors and the like trigger FCC review, but technically the reach is broad. According to FCC’s Equipment Authorization Approval Guide – Importation:
* The FCC regulates radio frequency devices contained in electronic-electrical products that are capable of emitting radio frequency energy by radiation, conduction, or other means.
* These products have the potential to cause interference to radio services operating in the radio frequency range of 9 kHz to 3000 GHz. Most, but not all, of these products must be tested and demonstrate compliance to FCC rules for each type of electrical function (referred to as a device) that is contained in a product.
As suggested in the Approval Guide, the relevant HTS numbers have been flagged in ACE to provide additional guidance if you have specific questions on particular products.. This information is fairly fluid so it may be best to gain access to it through an ABI software vendor. CustomsNow™ offers a robust, stand-alone Import Trade Management solution (parts file) to store and manage ALL information for US imported products. Our ITM solution holds up to 134 item attributes – that’s EVERYTHING that CBP or PGAs such as FCC require at the time of entry. We also have a home to tie related documentation, such as C/O certs, rulings, and more, directly to the item.
Traditionally, filer have sent the majority of FCC Declarations CBP’s Automated Commercial System (ACS) electronically via ABI. However, with the advent of CBP’s Automated Commercial Environment (ACE), that will no longer be the case. Specifically, beginning July 1, 2016, filers will no longer be required to declare their FCC-regulated imports to the FCC until further notice.
Filers have been confused on what the process will be between February 28, 2016, when ACE filing becomes compulsory, and July 1st. CBP and the FCC have clarified that filers are to continue to send the FCC information, in the traditional ACS format, during this period as part of the Entry Summary (AE) filing.
CBP will route this part of the ACE Entry Summary to the legacy ACS system during this time and such ACE entries will no longer be rejected for containing FCC declarations. For further information, please review the FCC Public Notice found here.