| 2002N-0278 - Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002; Reopening of Comment Period|
|FDA Comment Number :||EC483|
|Submitter :||Ms. Alejandra Diaz||Date & Time:||05/17/2004 06:05:31|
|Organization :||Peruvian Commission for Export Promotion|
| COMMENT 1:
We have verified that the PN system don?t have a complete list of ports of arrival of USA, generating a lot of problems on the sending of the PN. When we consulted the FDA, they told us that we need to put the name of the port which is the closest of the one that is not mentioned on the PN interface system. This is a high risk situation for the exporters because the shipments are arriving to a port different from the one that is mentioned on the PN, and then it may be sanctions or refusals after august 12th. Until today, this problem is not solved on the FDA system. This situation shows us that the PN is not assuring the objectives of this normative, which is to know early the characteristics of foodstuff before it entrance to USA. In this sense, the spirit of the normative is being losing, and it can?t bring security to the shipments and it is being understood as an administrative procedure that is has to be complete including all the costs that the implementation mean.
The PN can be sent by any person who has available information of the export. In this sense, there are many cases of duplications in the sending of prior notices (exporters, importers and agents send a prior notice for the same shipment). We expect that these duplications will not be sanctioned by the FDA. On the other hand, custom agents are also doing this operation, considering additional costs.
It has to be evaluated the convenience of sending the PN only through the custom agency, but without costs (not applicable to food send by international mail and baggage, this ones could still use the FDA interface system). The cost of sending a PN through custom agents is 15 US$/PN ( a shipment can have 750 boxes and 7500 boxes of fresh asparagus of 5 kgs, this is very variable). Las year, the Peruvian asparagus exports to USA were 10,4 millions of fresh asparagus boxes, the cost of sending the PN on this industry could be between US$ 20 800 to US$ 208 000 per year. At present, the custom agency is not sending the PN, the companies are dealing with this costs on other ways: hiring specialized personnel to send PN, dedicating time to these duties, etc. The main idea is to minimize these costs through the designation of an entity that can do this activity and have all the information related to the shipment.
The PN requires information of the shipment. There are shipments that change the vessel on Panama, arriving a different vessel to USA port. It is usual that in these cases the exporters are mentioning on the PN the first shipment (the one who left Peruvian port). We made this question to the FDA help desk and they have told us that in the PN we should consignee the name of the vessel who arrives to USA. It is very difficult for the exporters to receive this kind of information, they just know the name of the shipment that left Peruvian port, and they don?t know the exact name of the vessel that changes on Panama.