WHY THE FDA MIGHT DELAY YOUR TRADE SHOW SHIPMENT
By Phil Hobson, Phoenix International Business Logistics (PIBL)
As a freight forwarder and U.S. Customs broker, Phoenix International Business Logistics (PIBL) has shipped literally millions of tons of food from one port in the world to another. Established more than 20 years ago, the company frequently navigates through the issues that can delay shipments to food trade shows. In its role as appointed International Freight Forwarder and Customs Broker for the Fancy Food Shows in the U.S., PIBL assists foreign food companies with the transport of their exhibits as well as Customs and FDA clearances. With the Winter Fancy Food Show on the horizon in January, PIBL offers this advice to international exhibitors as they plan their participation at this upcoming show in San Francisco.
With the relatively recent enforcement of the FSVP mandate imposed by the FDA, many international exhibitors are still unfamiliar with the Customs invoicing procedures and the FSVP requirements. Unfortunately, some shipments destined for the summer Fancy Food Show in June experienced delays at the arrival ports because FSVP Importer information was not furnished well enough in advance, the FDA registration had expired, or the commercial invoices were provided at the last minute. Many problems can be avoided by beginning the FSVP and FDA registration process months prior to the show. For those exhibiting at the Winter Fancy Food Show in January, we strongly recommend starting the FSVP Importer and FDA registration process now.
Initiating the process with adequate time before the show will save stress (the panic that sets in if an exhibit’s clearance is delayed or denied by the FDA) and money (incurring additional charges). PIBL, along with its network of agents, works with customers to research the import requirements of specific categories of food, and to inform exhibitors of any concerns that may affect their shipment. What we’ve learned through our experiences with food shows is that many international exhibitors are unaware that animal products (specifically fish and seafood) require import permits/licenses. To be safe, such permits and licenses must be applied for 30-60 days in advance of export.
We will readily review proforma commercial invoices or answer questions we receive from exhibitors so that we can help ensure there are no problems due to invoicing errors. We’ve found that exhibitors are consolidating multiple products into one line on the commercial invoice. The FDA has made it very clear to importers that they are only allowed to consolidate products if they are the same regarding the country of origin, manufacturer, the HS# (Harmonized number), with the same type of packaging and the same product codes. Otherwise, they must be listed separately on the commercial invoice. Exhibitors can help expedite FDA’s review of their imported product(s) by initially providing accurate and complete information for each product when submitting documents to Phoenix for review.
This chart shows the most common errors during a one-month period. These entry errors had to be manually corrected by FDA prior to review, which delays the examination and release of the entry, and therefore, the delivery of the shipment.
In summary, international exhibitors attending U.S. food trade shows should incorporate these best practices into their planning:
- Starting the FDA registration and FSVP Importer process 3 or more months in advance of a food trade show
- Providing timely, accurate and complete information to expedite the FDA admissibility decision
- Learning the requirements to import your category of food or consulting with your Customs broker for specific regulations governing your food type. Permits may be needed which require an application 1-2 months in advance of shipment.
- Ensuring your FDA registration numbers are up-to-date prior to shipping and providing your broker with both FDA Registration numbers and FDA product codes
- Preparing commercial invoice descriptions with clear language, written in English and separated as required
- Taking advantage of the expertise of brokers, such as PIBL and its agents worldwide, whose knowledge extends to both freight forwarding and the complexities of trade shows so that you can avoid entry problems
In the end, the job of the Customs broker is to expedite the entry process. We accomplish this by assisting the exhibitor in providing comprehensive information to U.S. Customs and the FDA at the time of entry. With advanced planning, you can organize your exhibit with confidence knowing that your preparation and careful review of products for export will substantially increase the likelihood of a shipment delivered to the food show on-time and on-budget.
Phoenix International Business Logistics (PIBL) is a U.S.-based Freight Forwarder and U.S. Customs Broker that specializes in transportation to trade shows. The company is located in Elizabeth, NJ, in the same building as FDA. To contact Phil Hobson, e-mail phobson@phoenixlogistics.com, visit PhoenixLogistics.com or call +908-355-8900 in the U.S.