Q & A on January 1st 2018 New SIMP Regulations
Q: Do my Seafood Imports fall under the new SIMP regulations?
You will be regulated by SIMP if you import any of the following products:
- Atlantic Cod
- Blue Crab (Atlantic Crab)
- Dolphinfish (Mahi Mahi)
- King Crab (Red Crab)
- Pacific Cod
- Red Snapper
- Sea Cucumber
- Swordfish and Tunas (Albacore, Bigeye, Skipjack, Yellowfin, and Bluefin)
*Abalone and Shrimp will not be required at this time, but are intended to be implemented at a later date.
Q: When does SIMP reporting become mandatory?
The effective date for SIMP is Monday January 1st 2018.
Q: Are U.S. goods that are exported and returned exempt from SIMP?
U.S. goods are NOT exempt from SIMP. It is a safe precaution to obtain required information for even your U.S. goods, as it is hard to foresee if they will leave the country and then be re-entered.
Q: Is there an official form to be completed for SIMP?
No, there is no official form to be completed for your imports under SIMP. There is a model catch certificate that, when completed, will provide all of the necessary information required to file your entry. We strongly suggest using this template to avoid shipment delays. Click here for the template.
Q: Who must obtain the IFTP (International Fisheries Trade Permit) required to file SIMP?
Under the rules and regulations of SIMP, in order to apply for the International Fisheries Trade Permit you must be a U.S. Resident. This does not mean that a foreign importer cannot clear goods regulated under SIMP, it simply means they will require to have a company or individual in the U.S. obtain a permit on their behalf and act as their permittee. The permittee must be listed as such on the U.S. Customs invoice, and under SIMP will be considered to be the Importer of Record (IOR). The IFTP holder is responsible for obtaining and retaining all required documents and information required under SIMP at the time of import.
The IOR under SIMP is not the same as the IOR for U.S. Customs purposes. The non-resident company can still act as the IOR with U.S. Customs, clearing the entry under their name and bond. However, the SIMP information and permit (held by the SIMP IOR) must be a U.S. Company.
Q: Who bears the legal responsibility for goods imported under SIMP?
The entity responsible for retaining and providing the required documentation is the permit holder, also referred to as the Importer of Record under SIMP. The party that holds the International Fisheries Trade Permit is responsible for having all information required under SIMP readily available upon request at the time of import into the U.S.
Q: If my goods are subject to NOAA 370 reporting am I still required to report under the SIMP regulations?
Yes, goods subject under NOAA-370 will also be subject to SIMP reporting starting January 1st, 2018. Some of the information on the NOAA-370, will apply to SIMP as well. It is a good idea to cross reference the catch certificate with your NOAA-370 to make sure all of the information is completed and you are compliant with both program requirements.
Q: If my goods qualify as a Section 321, do I still have to file an entry?
Due to limitations with U.S. Customs software, all goods that require SIMP reporting will require a formal entry, Section 321’s will not be allowed.