Trade Update • July 31, 2023 R
ecently, newly issued or modified import alerts by the Food and Drug Administration have impacted various products from different countries. These import alerts notify FDA field staff that there is sufficient evidence or information to detain certain products at the time of entry due to potential violations of FDA laws and regulations.
The products affected by these import alerts include:
- Antibiotics from China
- Basmati rice from Pakistan
- Cilantro from Mexico
- Corn meal from Brazil
- Dietary supplements from Denmark
- Dried apricots from Afghanistan
- Fried snack foods from India
- Medical instruments from Pakistan
- Shrimp from India, Indonesia, and Vietnam
- Tart shells from China
- Tilapia from Brazil
- Tuna from Indonesia and Suriname
Firm/Product Lists & DWPE
When a firm or product is placed on the “red list” of an import alert, it becomes subject to Detention Without Physical Examination (DWPE). On the other hand, firms or products on the “green list” are not subject to DWPE because they meet the criteria for exclusion. Some import alerts may also have a “yellow list” that includes firms, products, or countries subject to intensified surveillance due to the nature of the violations.
In some cases, even if a product is subject to DWPE, it can still be imported into the U.S. if the importer can demonstrate compliance with the necessary regulations.
Importers have the right to present evidence to the FDA if their product is detained without physical examination, aiming to refute any appearance of violation. If satisfactory evidence is not provided or deemed insufficient, the product will be refused entry into the U.S.
Questions about whether your imports are affected? We are always here to help, contact us.