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NMFS Reinstates Ban, Continues Certification Requirements for Mexican Seafood

The National Marine Fisheries Service will reinstate a ban on imports of fish from several Mexican fisheries, it said in a notice revoking a comparability finding for those fisheries issued in 2018 (see 1812030020). As a result, certifications of admissibility will continue to be required for entries under 75 tariff schedule subheadings to prove that they are not from one of the newly prohibited fisheries and are eligible for importation.

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NMFS had issued the comparability findings at the request of the Mexican government, under procedures established by a 2016 final rule that requires all fisheries to have low risk to marine mammals, or protections comparable to those of the U.S., in order to be eligible for importation (see 1608110008). The comparability findings are now being revoked because Mexico did not follow through on regulatory commitments it made to secure the comparability findings, NMFS said. Affected fisheries are as follows:

Upper Gulf of California shrimp trawl fishery for both small and large vessels; Upper Gulf of California shrimp suripera fishery; Upper Gulf of California sierra purse seine fishery; Upper Gulf of California sierra hook and line fishery; Upper Gulf of California chano trawl fishery, for small vessels; Upper Gulf of California curvina purse seine fishery; and Upper Gulf of California sardine/curvina purse seine fishery for both small and large vessels.

Because fish from these fisheries are not broken out in the tariff schedule, NMFS will require certifications of admissibility for legal imports of seafood from Mexico that fall under the same subheadings as the fish prohibited for importation. Effective April 6, certifications will be required for seafood imports from Mexico under the following tariff subheadings:

0302.44.00000302.45.11000302.45.50000302.49.00000302.59.11000302.59.5090
0302.89.11400303.54.00000303.55.00000303.59.00000304.49.01900304.59.0091
0304.89.10900304.89.50900304.99.11040304.99.11090304.99.11940304.99.9190
0305.10.20000305.10.40000305.39.40000305.39.61800305.49.20000305.49.4045
0305.54.00000305.59.00010305.69.20000305.69.30000305.69.50010305.69.6001
0305.79.00000306.17.00030306.17.00060306.17.00090306.17.00120306.17.0015
0306.17.00180306.17.00210306.17.00240306.17.00270306.17.00400306.36.0020
0306.36.00400306.95.00200306.95.00400511.99.30601604.15.00001604.19.4100
1604.19.51001604.19.61001604.19.82001604.20.05101604.20.05901604.20.1000
1604.20.15001604.20.20001604.20.25001604.20.30001604.20.40001604.20.5000
1604.20.50101604.20.50901604.20.60101604.20.60901605.21.05001605.21.1020
1605.21.10301605.21.10501605.29.05001605.29.10101605.29.10402309.10.0010
2309.10.00902309.90.10152309.90.1050

Entries of seafood under these subheadings already require certificates of compatibility under the ban on imported seafood from Mexico ordered by the Court of International Trade in 2018 to protect the vaquita, an endangered porpoise species (see 1808270014).

(Federal Register 03/09/20)