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 Breed
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New US Import Regulations (CDN to US Exports)
New E-Filing Requirements -- “PAPS” (Pre-Arrival Processing
System)
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souhaitez recevoir une copie de ce document en français,
veuillez en faire la demande par courriel à jcull@equestrian.ca
All owners, trainers, competitors and riders intending to take horses
to the United States should be aware that there are now two sets
of revised U.S. import requirements that may impact the ease with
which horses cross the border from Canada to the United States.
New regulations are now in effect, implementing the US Trade Act
of 2002, and the Public Health Security and Bio-terrorism Preparedness
and Response Act of 2002. These regulations require pre-filing of
customs documents in advance of border crossing at a U.S. port-of-entry.
1) FDA REQUIREMENTS – FOOD & ANIMAL FEED:
Under regulations of the Public Health Security & Bio-terrorism
Preparedness & Response Act, the FDA (Food & Drug Administration)
requires prior notification to the FDA of food, including animal
feed that is imported or offered for import into the United States.
The regulations require that prior notice be submitted to FDA electronically
no more than 5 days and no less than 2 hours before the food/animal
feed arrives at the port of arrival. The required electronic filing
would be handled by a Customs Broker on behalf of Canadians exporting
food or animal feed.
Equine Canada requested clarification of the regulations for forage,
horse feed and nutritional products entering the U.S. EQUINE CANADA
has been advised by International Trade Canada, confirmed by representatives
from the Canadian Food Inspection Agency, that the import of food
and animal feed products for personal consumption do not require
this pre-filing at this time.
However, we were also advised that any feed (including supplements)
entering the United States, SHOULD TRAVEL WITH THE HORSES to avoid
potential disputes at port-of entry. It was suggested that if the
feed in question was travelling in separate vehicles, arriving at
customs at different times, it may give rise to questions about
the use of the feed in the U.S.
Individuals or companies permanently exporting horse feed &
nutritional products to the U.S. should check with their customs
broker, or the Canadian Food Inspection Agency on their responsibilities
under these new regulations.
2) PAPS – PRE-ARRIVAL PROCESSING SYSTEM:
U.S. Customs Pre-Arrival Processing System regulations are now fully
active at all U.S. ports-of-entry for “commercial shipments”
into the United States. These new regulations require the electronic
pre-filing of all customs entry documents in advance of arriving
at a U.S. Customs centre. Shipments into the U.S. must be handled
by a shipper/carrier with a SCAC (Standard Carrier Alpha Code).
This pre-assigned carrier-code number must be issued in advance
of border crossing, and customs documents must have bar-coded stickers
that include the carrier-code.
The Pre-Arrival Processing System was rolled out in three phases
at Canada-U.S. border crossings, during November/04 through January/05
and is now in full implementation. In general media discussions
on enhanced border security issues for the United States, the regulations
are popularly referred to as the “24-Hour-Rule” …
provisions of the U.S. Customs and Border Protection (CBP) advance
cargo information requirements of the U.S. Trade Act of 2002.
Equine Canada sought clarification as to whether horses crossing
the border into the U.S. would be considered “commercial shipments”,
and therefore be required to comply with the PAPS pre-arrival filing
process. Enquiries to the Canadian Food Inspection Agency, International
Trade Canada (Ottawa), and Foreign Affairs Canada (Washington Embassy),
provided the following information, as at Friday, February 4, 2005:
“For horses entering the United States for exhibition or other
temporary purposes, entering the U.S. on a Temporary Importation
Bond (the “30-day-import” requirements), there has been
no change of policy. Such temporary importation of horses would
not require filing of PAPS (or BRASS) pre-arrival notifications.”
This does not eliminate any existing requirements for temporary
import for horses into the U.S. You will still be required to provide
all veterinarian health certificates, manifests, etc. that are currently
required for temporary entry of horses.
As is often the case with new regulations, there may be some confusion
in the short term with horses crossing at different U.S. ports-of-entry.
On Equine Canada’s behalf, Canadian Embassy officials in Washington
have requested that written clarification of the guidelines for
horses should be distributed to all U.S. Customs offices. Equine
Canada will post and distribute this clarification as soon as it
is available.
It is expected that horses entering the U.S. as permanent exports
(including horses sold to U.S. customers), would be required to
complete the Pre-Arrival Processing System requirements. Those responsible
for shipping horses for permanent export to the United States, would
be required to have a SCAC (Standard Carrier Alpha Code), to acquire
bar-coded stickers to place on all customs documents, and would
need to use the services of a broker to file documents prior to
arrival at the border.
Failure to comply with PAPS pre-arrival filing requirements in advance
of border crossing could trigger fines of up to $5,000.
For information on how to get a SCAC and bar-code stickers, contact
the
National Motor Freight Traffic Association (NMFTA)
703-838-1868 or www.NMFTA.org
3) WHAT SHOULD YOU DO TODAY?
As if often the case when new regulations are implemented, there
may be some confusion about the requirements for horses crossing
the border. Additional information on U.S. Customs requirements,
can be found on the U.S. Customs & Border Protection site at:
www.cpb.gov
OPTIONS TO CONSIDER:
• Commercial carriers – The Canadian
commercial horse transportation companies that were contacted by
Equine Canada representatives all reported that they have completed
the required paperwork for SCAC and bar-coded documents. You may
want to consider using commercial carriers to move horses to the
U.S.
• For horses travelling to U.S. on temporary export
permits – Call ahead to the Customs Office at your
intended port of crossing. Contact information for US Customs Offices
are available on the U.S. Customs & Border Protection site at:
http://www.cbp.gov/xp/cgov/toolbox/ports/
• Apply for SCAC number – If you regularly
cross the border with horses, either for temporary entry with your
own horses or other horses in your care, you should consider applying
for a Standard Carrier Alpha Code for yourself or your stable. This
is a one-time set-up process to have a number assigned to yourself
as a shipper/carrier, but would require that you work with a U.S.
customs broker to process the required documents for shipments to
the U.S.
• Keep checking the Equine Canada website
– Equine Canada will continue to post updates on the status
of border crossing regulations as they become available. Keep checking
the EC website at: www.equinecanada.ca
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