Phase05
Procedure to Return Rejected Goods to the US
The corresponding OISA shall issue a rejection opinion through the VDMCE specifying the reasons for rejection of goods. The Customs Broker and/or importer shall write a letter –preferably on lettered paper and with the original signature. It shall be sent to the Customs personnel in question informing about the goods rejection, and attaching background support and documents for the corresponding shipment for the Customs personnel to be informed, and to schedule, together with the Customs Broker, the day and time for the return of the goods. Once the vehicle has the goods, it shall leave the bonded warehouse/ verification point where it is, and go back to the US. Thus, the Customs and OISA’s personnel shall verify that the transportation with the goods returns to the County of Origin through the correct fiscal route.
The exporter shall contact AMS’s Sell Egg team as soon as it learns about the rejection providing the shipment details.
-AMS will review the details to determine if the product is eligible to proceed to access the country of destination with modifications for export documents.
-If the access issues cannot be solved in accordance to the importing Country, the buyer/seller shall analyze other options (returning to the US, destruction, reshipping to a different destination).
Together with the above, the exporter of goods to the US and/or its Customs Broker shall notify CBP at the border through which the goods will return, with a signed free-text letter answering to the following questions:
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What is the product condition and its immediate packaging?
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How long has product been out of the Country?
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Where has the product been since it was exported out of the US?
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Under what conditions has the product been maintained?
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What has been the chain of ownership of the product?
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Has the product been abandoned any time?
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Is product labeling in accordance to the US regulations?
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Product was rejected by a foreign Government, if so, what are the reasons for rejection? A copy of the (rejection) report may be required from the foreign inspection (SENASICA).
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Is the product in its original packaging?
The authorities will review the information and evaluate if goods can reenter the US.
If reentry is allowed, the exporter shall contact a Customs Broker to conduct the necessary formalities before the authorities. Also, AMS (Jeff Shomaker) shall be contacted to follow his instructions regarding the entry process of goods (and likely reinspection).
AMS’s original export documentation should be sufficient, in most instances, together with the Customs Broker’s notice/request of the US to ensure reentry of goods.
In most cases, AMS’s personnel receives a notice when the product arrives at the point of entry on the US border to authorize the uninterrupted transportation to the destination establishment.
If you wish to know contact information of the personnel with USDA/AMS, you may click on the following link:
https://www.ams.usda.gov/sites/default/files/media/QADJobFunctionDirectory.pdf
This link provides details from APHIS on the basic steps to take to return inspected products:
