Spotlight on APHIS-Core: How to Determine if APHIS-Core Applies
The APHIS-Core ACE filing deadline is fast approaching. As brokers review their clients' products, it is useful to learn how other brokers are approaching this process. The following analysis was done by Sandy Coty, Director of Operational Development at A.N. Deringer, Inc. The NCBFAA RAC submitted it for review by the APHIS ACE Team, who gave it their blessing.
I have a shipment of garden tools. My HTS is flagging for "APHIS Core may be required.” What do I need to ask my importer to determine if APHIS-Core is required?
If the equipment is NEW:
- The goods can be disclaimed as not regulated by APHIS.
- “Disclaimer Code A - Not Regulated by APHIS” is used in ACE.
If the equipment is USED:
Determine if the equipment originates from a foot-and-mouth disease (FMD) region by referencing APHIS’ Animal Health Status of Regions:
- Select foot-and-mouth disease from the listed diseases.
- The list of countries under the prompt indicates regions that APHIS has declared FREE of FMD.
- This status may update frequently, so it is important to confirm the disease status of the region prior to importation.
If the used equipment is from an FMD-free region, and:
- the equipment is clean, dry, and free of animal material, soil, and contamination, then:
- No permit or certificate is required, but a statement should be included with the commercial documents declaring that the equipment is “clean, dry, and free of animal material/soil/contamination.”
- Disclaimer Code B - Data not required per agency guidance” is used in ACE.
- the equipment is unclean/contaminated, then: the machine MUST be cleaned and washed PRIOR to entry.
If the used equipment originates from a known FMD region, then there are restrictions:
- An import permit is not needed, but an ORIGINAL steam cleaning certificate issued by the foreign government’s animal health service or agency is required.
- The certificate must have an official seal and must state that the used farm equipment was steam cleaned and is free of all dirt and particulate matter.
- It must be signed by an official representative of the national animal health service from the region of
- A full message set must be transmitted in ACE.
Restrictions for used farm equipment are detailed in 9CFR94.1(C) 91.1(c) The importation of any used farm equipment that originates in any region where foot-and-mouth disease exists, as designated in paragraph (a) of this section, is prohibited, unless the equipment is accompanied by an original certificate signed by an authorized official of the national animal health service of the exporting region that states that the equipment, after its last use and prior to export, was steam-cleaned free of all exposed dirt and other particulate matter.
Such farm equipment is subject to APHIS inspection at the port of arrival. If it is found during such inspection to contain any exposed dirt or other particulate matter, it will be denied entry into the United States, unless, in the judgment of the APHIS inspector, the amount of exposed soil is minimal enough to allow cleaning at the port of arrival, and there are adequate facilities and personnel at the port to conduct such cleaning without risk of disease contamination.
Animal Product Manual, Table 3-8-4 • Refer to APHIS’ “Animal Product Manual” [https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/apm.pdf] for information on the import of used farm machinery.