Trade Alert: China Tariff, FDA Import Alert 99-52, FDA Certification Process under Section 801

China Updates according to the Fact Sheet issued by the White House over the weekend

*Pending Official CSMS Notice from CBP**

1. China IEEPA Fentanyl will drop from 20% to 10% effective November 10, 2025.
2. IEEPA Reciprocal Tariff will remain at 10% until November 10, 2026.
3. Section 301 Exclusions that would expire November 29, 2025, has been extended until next year November 10, 2026. This extension includes the 10 seafood tariff lines previously granted an exclusion. 

0304.83.1015 Flatfish Sole NSPF Fillet Blocks Frozen> 4.5kg

0304.83.1020 Flatfish Flounder Fillet Blocks Frozen>4.5kg
0304.72.5000 Haddock Fillets Frozen, Nesoi
0304.83.5015 Flatfish Sole NSPF Fillet Frozen
0304.83.5020 Flatfish Flounder Frozen Fillet
0304.83.5090 Flatfish NSPF Fillet Frozen
1605.10.2010 Frozen King Crabmeat each weighing at least 1kg but not more than 1.2kg

1605.10.2022 Snow Crabmeat, frozen in blocks, with net weight of not more than 1.2kg
1605.10.2030 Dungeness Crabmeat, frozen, with net weight of not more than 1.2 kg
1605.10.2090 Frozen Crabmeat (other than King, Snow, Dungeness or Swimming) with net weight of not more than 1.5kg

FDA’s Import Alert IA 99-52 Certification Process and On the Water Clause

FDA updated the IA 99-52 on Friday, October 31st adding in the certification process and the two Certification Entities designated by FDA to certify shrimp and spice imports from Indonesia prior to exportation into the United States due to Cesium 137 contamination. 

This import alert covers ALL shrimp and ALL spices from Island of Java and Lampung Province on the Island of Sumatra

What Importers should know:

Red List: Firms (PT. Bahari Makmur Sejati and PT Natural Java Spice) must first successfully be removed from IA 99-51 and then receive an Accredited Third-Party Certification Program (TPP) certification to verify the effectiveness of controls for Cs-137 to be eligible for the Yellow List.

Yellow List: A certificate is required for each entry/line of product being imported into the U.S. Products without certification or with incomplete/incorrect certification informationwill be subject to refusal.

Certificates must be issued by a designated Certifying Entity (CE) and sent directly to FDA.

Marine Affairs and Fisheries Quality Assurance Agency (MFQAA) of the Ministry of Marine Affairs and Fisheries (MMAF) of the Republic of Indonesia as a certifying entity (CE) for shrimp (and shrimp products) and Indonesia’s Food and Drug Ministry (BPOM) of the Republic of Indonesia as a certifying entity for spices. 

Flegenheimer International will also need to submit shipment Certificates from the CE by uploading to FDA ITACS along with entry documents. 

On The Water Clause statement from FDA:

“FDA has received significant feedback from government partners and industry stakeholders regarding logistical and business concerns for products in transit that will be arriving in the U.S. after October 31, 2025, due to extended transit times. As a result of that feedback, FDA plans to provide alternative screening procedures for certain shipments that were on the water on or before Monday, October 13, 2025, that arrive in the U.S. on or after October 31, 2025. This temporary alternative screening procedure will still ensure food safety of U.S. imports but recognizes that some shipments were already in transit within a short period of time after FDA announced import certification.

For importers who can demonstrate that a container was on the water on or before Monday, October 13, 2025, FDA will instead follow alternative import admissibility and screening procedures, even if a container arrives in the U.S. after October 31, 2025—the effective date of FDA’s import certification requirements. This maintains FDA’s commitment to food safety and regulatory oversight through screening processes while acknowledging the practical and logistical complexities of international shipping.”

Flegenheimer is actively communicating with FDA for specific entries impacted by the IA 99-52. 

Resources:

Fact Sheet: President Donald J. Trump Strikes Deal on Economic and Trade Relations with China

FDA One Pager

Frequently Asked Questions – Import Certification Authority for Certain Shrimp and Spices Potentially Contaminated with Cesium-137

Flegenheimer International will continue to monitor and keep you all posted.