Updated: Dec.23, 2022

Per CSMS #54241684 - Import Restrictions on Certain New Zealand Fish and Fish Products & CSMS#54456976 Import Restrictions on Certain New Zealand Fish and Fish Products:

In response to the United States Court of International Trade order (Slip Op. 22-130) and in cooperation with the National Marine Fisheries Service (NMFS), the U.S. Customs and Border Protection (CBP) is imposing immediate import restrictions on fish and fish products from the New Zealand inshore set net and trawl fisheries deployed in the range of the Maui dolphin, a marine mammal species endemic to the on the west coast of the North Island.

Prohibited Fish & Fish Products

This action prohibits the importation into the United States from New Zealand of all snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet, and gurnard fish and fish products harvested by set nets and trawls in the inshore fisheries of the west coast of New Zealand’s North Island within the Maui dolphin’s geographic range.

Certification of Admissibility 

To effectuate the court order, snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet, and gurnard fish and fish products imported into the United States under the HTS codes listed below, caught with a set net or trawl within the Maui dolphin range, are prohibited from entry into the United States unless accompanied by Certification of Admissibility that the fish or fish products are not of the designated species, were derived from fisheries using other gear, or derived from fisheries operated in other areas.

NMFS has worked with the Government of New Zealand to establish Certification of Admissibility procedures and additional details on documenting inbound shipments have been published on the NMFS website listed below.  Either the NMFS-issued Certification of Admissibility form (OMB Control # 0648-0651) or the New Zealand-issued form US350 Certification of Admissibility may be used to validate that the inbound shipment/consignment is not subject to the court-ordered trade restriction. 

NMFS does not require that all data fields are completed on the New Zealand issued US350 form, provided there is sufficient information to determine that the consignment contains fish that are not subject to the embargo.  For example, if the fish species in the consignment as identified on the New Zealand form US350 is not within the scope of the embargo, other data fields (e.g., fishing gear, vessel names) may indicate “not applicable”.

NMFS advises that U.S. importers consult with New Zealand exporters regarding the species in the consignment, the appropriate HTS code for U.S. entry filing, and the version of the form (U.S. or New Zealand) to be used to certify admissibility in response to the court order.

Authorized Vessels

For the purposes of enforcing the court-ordered ban, the west coast of North Island inshore set net and trawl fisheries are designated as vessels less than or equal to 46 meters length overall that are authorized for fishing by the government of New Zealand and that operate in Fishery Management Area 8 and Fishery Management Area 9.  See this web link for information on New Zealand’s delineation of fishery management areas: https://niwa.co.nz/media-gallery/detail/109673/42525

Restrictions are effective December 5, 2022.

References

Instructions for Certification of Admissibility Form

More information will be is available online: https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions#new-zealand

Federal Register Notice: Import Restrictions: Certification of Admissibility for Certain Fish Products from New Zealand

Contact information for questions should be sent to: trademonitoring.support@noaa.gov.

Harmonized Tariff Schedule numbers prohibited entry into the United States from New Zealand:

0302490000

0302591100

0302595090

0302810011

0302810091

0302891140

0302895058

0302895077

0302920000

0302990000

0303590000

0303660000

0303690000

0303810011

0303810091

0303890049

0303890067

0303890080

0303920000

0303990000

0304440030

0304440090

0304470000

0304530030

0304530090

0304560000

0304590091

0304741000

0304745000

0304791090

0304795000

0304880000

0304895050

0304895091

0304951005

0304951015

0304951090

0304959000

0304960000

0305320090

0305396180

0305494045

0305530000

0305540000

0305590001

0305691021

0305691041

0305695001

0305696001

0305710000

0305790000

1604174000

1604175000

1604176000

1604178000

1604181000

1604189000

1604192200

1604193200

1604194100

1604195100

1604196100

1604198200

1604201000

1604201500

1604202000

1604202500

1604203000

1604204000

1604205010

1604205090

1604206010

1604206090

1605200510