FDA Entries With a Disclaim B will be
REJECTED as of April 19, 2020

April 16, 2020

CBP announced in CSMS #42394155 of April 16, 2020 that starting Sunday, April 19, 2020 FDA entries with a Disclaim B will be REJCTED. The only valid disclaim code for FDA is “A”. Trade may continue to use Disclaim A for products that are not regulated by the FDA (i.e. certain masks). Additional information on Disclaim B rejections is available in CSMS #42082100 of March 19, 2020.

Prior to ACE, trade would see FD0 flags associated with some HTS codes, which indicated that data was not required per agency guidelines. With the implementation of ACE, the Disclaim B (data not required per agency guidelines) was removed, and the FD0 flag not utilized. (CSMS#17-000227).

Further questions, or information regarding HTS flags contact FDAImportsInquiry@fda.hhs.gov.

For further information about these and other customs matters, contact George R. Tuttle, III at geo@tuttlelaw.com or 415-254-5986.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.



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