Dear Friends and Customers,
We have shared on previous bulletins certain restrictions on the exportation of personal protective equipment (PPE) considered scarce in the USA.
We would like to inform that, on April 21st 2020, a notice of exemptions from the allocation order issued through a Temporary Final Rule for FEMA was published.
Please note that 5 out of the 10 exemptions the exporter/shipper will require an attestation letter to be submitted via DIS before exportation to prevent your shipments from being detained.
The below list include only the 5 exemptions that will require an attestation letter signed by a responsible company official:
- Exports of covered materials by non-profit or non-governmental organizations that are solely for donation to foreign charities or governments for free distribution (not sale) at their destination(s).
- Intracompany transfers of covered materials by U.S. companies from domestic facilities to company-owned or affiliated foreign facilities.
- Shipments of covered materials that are exported solely for assembly in medical kits and diagnostic testing kits destined for U.S. sale and delivery. .
- In-Transit Merchandise: Shipments in Transit through the United States with a Foreign Shipper and Consignee, Including Shipments Temporarily Entered into a Warehouse or Temporarily Admitted to a Foreign Trade Zone. (for exemption 8 it largely applies to goods temporarily entered into a bonded warehouse or Foreign Trade Zone with the intent to leave the US).
- Shipments for Which the Final Destination is Canada or Mexico.
For the full list of 10 exemptions please review the attached Administrative message CSMS #42439611 https://content.govdelivery.com/accounts/USDHSCBP/bulletins/28793bb?reqfrom=share
RL Jones will submit your letter on each EEI /AES transmission through DIS, or by email to CBP. We will therefore need this signed letter at the time we receive commercial invoice.
INSTRUCTIONS ON PREPARING LETTER:
- Include a description of which exemption(s) the exporter is claiming;
- Provide details regarding the shipment that are sufficient for the CBP and FEMA officials to determine whether the shipment falls under the claimed exemption(s), including the required information identified in the Federal Register notice published on April 21, 2020;
- Add a statement that the provided information is true and accurate to the best of the exporter’s knowledge, and that the exporter is aware that false information is subject to prosecution under the DPA, as outlined in the allocation order.
- Regarding exemption 9, the letter of attestation must state that the covered materials are for use in Canada/Mexico, and will not be transshipped through those countries Covered materials can be found at https://www.federalregister.gov/documents/2020/04/21/2020-08542/prioritization-and-allocation-of-certain-scarce-or-threatened-health-and-medical-resources-for
Please feel free to contact us if you have any questions.