Exporting to the United States – A Team Canada Inc Publication

9.4 New U.S. regulations affecting exporters

Two new U.S. regulatory initiatives may have an effect on your export business.

The Bioterrorism Act

The Public Health Security and Bioterrorism Preparedness and Response Act of 2002, more commonly known as the Bioterrorism Act, was implemented in December 2003 and is intended to protect the United States from bioterrorism. If your business produces, processes or handles food for human or animal consumption in the U.S., it will almost certainly affect you, and you'll have to register with the U.S. Food and Drug Administration (FDA). You'll also be required to provide the name of a U.S. company to act as your agent/contact in the U.S., should FDA officials need to make immediate contact with someone regarding your shipments. You will also be required to notify FDA of your shipments in advance of their arrival at the border.

For more information, refer to the FDA Registration Web page.

The Trade Act of 2002

In July 2003, the U.S. Bureau of Customs and Border Protection announced new regulatory requirements for pre-arrival notice in air, rail and highway modes under the Trade Act of 2002. Under these requirements, traders shipping goods to the U.S. are required to submit certain cargo and conveyance information to U.S. Customs before the goods arrive at the border. For example, in the marine mode, U.S. Customs must receive specific cargo information 24 hours prior to the goods being loaded onboard the vessel at the foreign port.

As with the FDA regulations, exporters will find that the new U.S. Customs requirements may have a significant impact on how and when export documents must be completed and submitted to the appropriate border authorities.

For more information, visit the Imports page of the U.S. Customs Web site.