CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 635 ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents
50 CFR
Subpart D Restrictions on Imports
Sec. 635.46 Import requirements for swordfish.
(a) General. To facilitate enforcement of domestic regulations, a swordfish,
or part thereof, less than the minimum size specified at Sec. 635.20(e) may
not be imported, or attempted to be imported, into the United States unless
it is accompanied by the swordfish certificate of eligibility as specified
in paragraph (b) of this section attesting either that the swordfish was
harvested from an ocean area other than the Atlantic Ocean or that the fish
part was derived from a swordfish, harvested from the Atlantic Ocean, that
weighed at least 33 lb (15 kg) dw at harvest.
(b) Swordfish COE.
(1) A shipment of swordfish in any form offered for import into the United
States, directly or indirectly, from any country is admissible only if accompanied
by a swordfish COE. A swordfish COE is required for swordfish identified by
any item number from the Harmonized Tariff Schedule including but not limited
to the following:
(i) Fresh or chilled swordfish steaks, No. 0302.69.20.41.
(ii) Fresh or chilled swordfish, excluding steaks, No. 0302.69.20.49.
(iii) Frozen swordfish steaks, No. 0302.79.20.41.
(iv) Frozen swordfish, excluding fillets, steaks and other fish meat, No. 0302.79.20.49.
(v) Frozen swordfish, fillets, No. 0304.20.60.92.
(2) The swordfish COE required under this section must indicate, in English,
the flag state of the harvesting vessel, the ocean area of harvest and, if
the shipment contains swordfish or parts thereof less than the minimum size
specified at Sec. 635.20(e), the reason such swordfish is eligible for entry,
as specified in paragraph (a) of this section. The swordfish COE shall be attached
to the invoice accompanying the swordfish shipment from the point of original
export up to and including the point of first transaction in the United States.
(3) The swordfish COE required under this section must include, in English,
the date, the name, the title of the governmental official or other authorized
person, and the name of the authorizing government agency of the country exporting
the swordfish to the United States. The swordfish COE must be signed and dated
by that governmental official or authorized person with an official government
seal affixed, thus validating the information on the COE.
(4) A swordfish COE may refer to swordfish taken from only one ocean area of
harvest (i.e., Atlantic, Pacific, Indian) and by vessels under the jurisdiction
of only one nation. If a shipment contains swordfish taken from more than one
ocean area, or swordfish harvested by several vessels from different flag states,
a separate swordfish COE must accompany the shipment for each ocean area of
harvest and for each flag nation of the harvesting vessels.
(5) A model
swordfish COE can be obtained by contacting the Division
Chief. An equivalent form may be used provided it contains all the information
required under this section.
(6) The importer must write the Customs Form 7501 entry number on each swordfish
COE and attach to the dealer
report form all swordfish COEs from shipments that are recorded on the
bi-weekly dealer report form.
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