Importing Sea Urchin into the United States: Customs, FWS, FDA & NOAA SIMP Lessons

When we accepted our first sea urchin import, we knew we were taking on a commodity we hadn't handled before. Rather than seeing that as a challenge, we saw it as an opportunity to learn. At Just Your Broker Inc., we never shy away from a new commodity. Every new product expands our knowledge and allows us to better serve our clients. In fact, that same commitment to learning helped us successfully handle our first wine importer years ago.

One of the first things we do when handling an unfamiliar commodity is identify every government agency involved in regulating the shipment. For this import, that included the U.S. Fish & Wildlife Service (FWS) and the U.S. Food and Drug Administration (FDA), since the sea urchin was intended for human consumption. We believe the best source of information is the agency responsible for enforcing the regulations, so we reached out directly to ensure we fully understood the requirements before the shipment departed.

One of the things we appreciated most about this importer was his commitment to compliance. Before the shipment was even arranged, he had already established a Foreign Supplier Verification Program (FSVP) plan and understood the importance of meeting U.S. regulatory requirements. Working with importers who value compliance makes the Customs clearance process much smoother because everyone shares the same goal—getting the shipment cleared correctly the first time.

Having handled Fish & Wildlife Service (FWS) shipments through designated ports such as JFK and Los Angeles (LAX), we've learned that procedures can vary from one designated port to another. Every port has its own operational preferences and documentation expectations. For that reason, we recommended that the importer contact the Fish & Wildlife Service (FWS) office at the intended port of entry to better understand their local procedures. Taking that extra step before the shipment departed helped set expectations and reduced the likelihood of surprises upon arrival.

Preparation became our priority. We requested the commercial documents well in advance so we could review everything before the shipment left the origin country. Reviewing documents early gives everyone an opportunity to correct discrepancies before they become costly delays at the port. Once the expected arrival date was confirmed, we coordinated the required 48-hour notice in accordance with FWS Boston's procedures.

While preparing the electronic FWS electronic declaration (eDec), we encountered questions regarding the most appropriate commodity description code. Rather than making assumptions, we paused and verified the information with the importer before confirming it with FWS. We took the same approach with the FDA declaration, carefully reviewing FDA guidance to ensure the product was declared correctly under FDA agency processing code. When compliance is involved, asking questions is always better than making assumptions.

During our document review for the first shipment, we also identified another important compliance issue. The importer had provided an HTSUS classification of 0308.21.0021. Rather than relying solely on the 10-digit Harmonized Tariff Schedule of the United States (HTSUS) number we received, we reviewed the applicable tariff provisions and compared them to the scientific name of the sea urchin being imported. We discovered that the genus and species did not fall within the scientific names specifically identified under that tariff provision. Taking the time to verify the classification before filing the entry helped ensure the shipment was declared accurately from the start.

Because of the preparation completed before arrival, the first shipment moved through the clearance process efficiently. Although the flight arrived overnight, FWS completed its review the following morning, allowing the shipment to continue without unnecessary delays.

When it came time for the second shipment, we encountered an entirely different challenge. The entry was rejected in ACE due to a recent National Oceanic and Atmospheric Administration (NOAA) update under the Seafood Import Monitoring Program (SIMP). Since this was a new validation, our first concern was whether the importer would now need an International Fisheries Trade Permit (IFTP).

We immediately discussed the issue with our importer and decided to contact NOAA directly for clarification. NOAA confirmed that this particular species of sea urchin was not subject to the updated SIMP reporting requirements and explained how the entry should be transmitted correctly in ACE. Once we understood the update, we corrected the filing and the shipment proceeded without further issues.

What a difference a week can make. Regulations, ACE validations, and Participating Government Agency requirements can change quickly, making it critical for Customs brokers and importers to stay informed rather than relying on past experience alone.

The second shipment also arrived during a holiday week, requiring even more communication and coordination among everyone involved. By planning ahead and staying in close contact with the importer and FWS, we were able to help keep the clearance process on schedule and avoid FWS overtime charges.

This experience reinforced something we have always believed: Customs compliance begins long before a shipment reaches the port of entry. Success comes from preparation, communication, and understanding the requirements of each government agency involved. Whether we're handling a commodity we've cleared hundreds of times or one we're seeing for the first time, our approach remains the same—research the regulations, communicate with the appropriate agencies, review every document carefully, and never hesitate to ask questions.

At Just Your Broker Inc., we don't measure success by how many commodities we've already handled. We measure it by our commitment to learning, our attention to detail, and our dedication to helping importers navigate an increasingly complex regulatory environment. Every new commodity is another opportunity to strengthen our expertise—and ultimately provide better service to our clients.

Key Takeaways for Importers

• Engage with the regulating agencies early. Don't wait until your shipment arrives to understand the requirements.

• Review documentation before departure. Catching errors early can prevent costly delays.

• Verify your tariff classification. A product's scientific name can significantly impact the correct HTSUS classification.

• Understand port-specific procedures. Requirements and processes can differ from one designated port to another.

• Stay informed of regulatory updates. ACE validations and Participating Government Agency requirements can change quickly.

• Never assume—verify. When uncertainty exists, confirm requirements directly with the appropriate government agency.

• Compliance starts before arrival. A well-prepared shipment is far more likely to move through the clearance process efficiently.

  
  

Importing a new commodity?  We'd be happy to help you navigate U.S. Customs and Participating Government Agency requirements before your shipment arrives.

Experience the Power of Good Advice with your Trusted Customs Broker, Just Your Broker Inc.

Email us at hello@justyourbroker.com or call 516-226-0392 today!