Primority

Expert in #HACCP, Supplier & Material Approvals, Document Control, Corrective Actions & Management Alert. Delivering affordable solutions. #QualityManagement

[Primority @primority]

CBP can start voiding IOR numbers tomorrow for incomplete or inaccurate Form 5106 data.

If you import into the US, or broker for people who do, this is the day to check the filing: ownership, identity, active company, valid EIN, address, email, phone.

Recording from our live session earlier this week:
https://t.co/Zkqyrq83VW

Please share this with anyone whose cargo cannot wait on a voided IOR.

[Primority @primority]

Spot on. Factory address versus registered address is the first filter, and a live plant call beats a PDF every time. Same idea sits under FSVP for anyone shipping food or supplements into the US. The qualified individual has to know who actually made the product, not just whose label is on the bag.

[Primority @primority]

True. The refund lands with whoever is named as the importer of record, so if a brand has been running someone else's IOR for convenience that is where the cheque goes. Same reason the Form 5106 has to be real and current. Beneficial ownership, who the people are, whether the company is still trading, and whether the EIN still works. The refund story is just another place that paperwork shows up.

[Primority @primority]

An LA food importer went onto FDA Import Alert 99-41 on 2 October. When FDA flagged missing FSVPs, they sent back procedures, FSPCA training certificates and a consultant's letter. What FDA wanted was proof that each food's supplier had been verified, and it wasn't there. Now most of what they bring in can be held at the port without examination, including product from suppliers who did nothing wrong. If you export food to the US, ask your importer to show you your products in their FSVP.

[Primority @primority]

The broker side of this is where it gets uncomfortable. Plenty of brokers have been onboarding foreign IORs on a 5106 and a POA and not much else, and that file won't look like vetting when CBP asks what was actually checked and who signed off. Will be interesting to hear how you think supervision gets judged in practice.

[Primority @primority]

That's the catch with letting the carrier be importer of record. The refund belongs to whoever's name is on the entry, so you end up waiting in FedEx's queue behind every other shipper they cleared. If you can, get the entry numbers for each shipment off them so you at least know what's been filed and what hasn't. Going forward it's worth having an IOR who actually answers to you.

[Primority @primority]

Good thread Ersin. The bit Turkish exporters usually miss is that a 5106 just gets you into CBP's system. It doesn't make anyone responsible for the goods once they land. For food, someone in the US has to sign up to that legally, and lately CBP has been checking whether the people behind a 5106 actually exist. Selling DDP is very doable with the right US partner holding those obligations.

[Primority @primority]

Updating the Form 5106 is necessary, but it is not enough on its own. The data on it has to be right, and someone still needs to check beneficial ownership, who the people on the record actually are, whether the company is real and still active, and whether the EIN still holds. CBP has been able to void numbers for incomplete or wrong data since Friday 18 September.

[Primority @primority]

Spot on about the address mismatch. That is only one of the fields that can take the number down. Someone still needs to check beneficial ownership, who the people on the record actually are, whether the company is real and still active, and whether the EIN still holds. Once CBP voids it, the cargo at the dock does not get a free pass.

[Primority @primority]

Right, and the named IOR is only as good as the Form 5106 behind it. Wrong phone, email or address is enough for CBP to void the number, and there is no automatic reinstatement. Someone still has to check beneficial ownership, who the people are, whether the company is real and active, and whether the EIN is still valid. The forwarder logo on the box does not absorb that.

[Primority @primority]

Absolutely spot on. A wrong phone, email or address is enough, and there is no automatic reinstatement once the number is voided. A lot of brokers and importers still treat this as noise, but it starts biting today, Friday the 18th. I ran a webinar on this earlier this week: https://t.co/Zkqyrq83VW

[Primority @primority]

Right, and it is more than just having a Form 5106 on file. The data on it has to be accurate and actually verified. Beneficial ownership, who the people are, whether the company is real and active, and whether the EIN is still valid. Today is when CBP can start voiding numbers for incomplete or bad data. Webinar walkthrough: https://t.co/Zkqyrq83VW

[Primority @primority]

@ReidelLawFirm Agreed! I ran a webinar yesterday for more than 100 US importers and customs brokers. They had many questions and there so many unknowns at this point. It may be useful to your audience, feel free to share if it helps. Here’s the link: https://t.co/2BSD4OyCRD

[Primority @primority]

Absolutely. Address, email, phone, and the rest of the 5106 have to check out or the IOR number can get voided. A lot of brokers and importers still treat this as noise, but it starts biting tomorrow, Friday the 18th. I ran a webinar on this earlier this week:

https://t.co/Zkqyrq83VW

Please share it with anyone who needs the walkthrough.

[Primority @primority]

@livingston_intl Recording if useful: https://t.co/3q97NvgtUd Please share with anyone still treating this as noise.

[Primority @primority]

Right, and it is more than just filing the Form 5106. The data on it has to be accurate and actually verified. Beneficial ownership, who the people are, whether the company is real and active, and whether the EIN is still valid. Tomorrow is when CBP can start voiding numbers for incomplete or bad data.

[Primority @primority]

Background write-up:
https://t.co/XjpHs2te3e

[Primority @primority]

CBP can start voiding IOR numbers tomorrow for incomplete or inaccurate Form 5106 data.

If you import into the US, or broker for people who do, this is the day to check the filing: ownership, identity, active company, valid EIN, address, email, phone.

Recording from our live session earlier this week:
https://t.co/Zkqyrq83VW

Please share this with anyone whose cargo cannot wait on a voided IOR.

[Primority @primority]

A voided or inaccurate IOR can result in detained or refused entry of cargo. The 5106 has to be accurate and verified: ownership, identity, active company, valid EIN. The next phases of enforcement are escalating.

More here: https://t.co/XjpHs2te3e

[Primority @primority]

We ran a webinar yesterday on EO 14411 / Form 5106. Recording: https://t.co/3q97NvgtUd