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Monday Morning eBriefing

New Paper Form 3540-1 for EPA Notice of Arrival for Pesticides Now in Effect

Jun 20, 2022 by Sarah Geiger
In CSMS #52176791, the Environmental Protection Agency (EPA) informed the trade that a new Form 3540-1 Notice of Arrival for Pesticides is now in effect. The updated form clarifies the existing elements and instruction. No new data elements are added.

Since NOA data is now filed electronically in ACE for most shipments, the number of paper NOAs (Form 3540-1) submitted directly to EPA has declined significantly. EPA reports that use of the form is now almost exclusively a function of entry types for which filing cannot be accomplished through ACE.

EPA initially stated that the new Form will take effect immediately and that EPA will return any obsolete forms received from importers as of June 17. Noting the short time for the trade to update the form, NCBFAA RAC EPA Subcommittee Chair Sandy Coty requested a 30-day grace period for importers to transition to use of the new forms. EPA responded that “while we don’t anticipate any significant disruptions due to the new form, EPA has re-evaluated the situation and will continue to accept submission of the old form through July 30, 2022.”

Customs brokers should take immediate steps to convert to using the new Form 3540-1 for entry filings that require the paper form.