FDA’s import and export programs are complex, detailed and undergo changes without notice to the public. The FDA’s and CBP’s new import and enforcement program operates with remarkably efficient software systems that can leave a firm scrambling for a resolution and end up suffering the expensive consequences of a detention. The information data base used by the FDA includes extensive information about foreign suppliers. If your foreign supplier does not meet the FDA’s requirements, your shipment will not be permitted entry, in some cases even before the products can be loaded onto the vessel or before it arrives at the port.
Foreign establishments are subject to the same manufacturing regulations as U.S. firms. There are inherent problems with foreign commerce, such as language and cultural differences. If a foreign firm’s manufacturing operation or its products fail any criteria, a detention, or even worse, a refusal becomes your next crisis. If your product is detained, you must now how to try and resolve the problem with the FDA. You have only ten days to figure out your plan and have FDA agree, which as not a given. On day 11, your product must either be destroyed or exported.
FDA offers special programs to automatically release entries provided pre-qualification criteria are met. This is especially valuable to importers of perishable goods. However, the FDA has begun to disqualify participants.
Import/export requirements can be confusing and costly if you do not understand the legal requirements. You need clarity, accurate knowledge, and solid business procedures to succeed.
Learning Objectives:
- Understand how FDA and CBP legal and administrative requirements intersect
- You can understand FDA’s legal requirements and somewhat esoteric policies
- Understand FDA’s internal procedures for import operations
- Learn how to mitigate and resolve import detentions
- Learn how to avoid common problems
- Develop practical ways to improve your import and export business
- Learn how to interact with FDA and follow their procedures
- Learn what happens to your if a foreign supplier is in trouble with FDA
- Understand FDA’s import-for-export limitations
- Understand the export requirements and prohibitions
Topic Background:
Product subject to the FDA’s jurisdiction must meet the same legal requirements as domestic products. International public health issues impact whether a product can be imported and whether it can survive logistical nightmares. The FDA’s import program evolves to better manage new emerging problems and implement new procedures to make the process more efficient. The FDA and U.S. Customs and Border Protection (CBP) import procedures require the submission of precise computer entry data. The programs interact in real time. When and how you manage your data submission makes a significant difference in the successful execution of your import operations or your failures that suffer weight of lengthy delays that lower net profits. When the FDA detains your entry, you must know what to do. If not, FDA will refuse entry, which cannot be appealed, and your entry may ultimately seize and destroyed. Time is not on your side when you make mistakes.