On April 21, 2020, in Federal Register Notice (FRN) 85 FR 22021, the Federal Emergency Management Agency (FEMA) announced exemptions to the April 10th order restricting exports of certain personal protective equipment (PPE).
According to the FRN, products covered in the allocation may continue to be exported if they qualify for one of the exemptions, which include (but are not limited to):
- Shipments to U.S. Commonwealths and Territories, Including Guam, American Samoa, Puerto Rico, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands (Including Minor Outlying Islands).
- Exports of covered materials by non-profit or non-governmental organizations that are solely for donation to foreign charities or governments for free distribution (not sale) at their destination(s).
- Intracompany transfers of covered materials by U.S. companies from domestic facilities to company-owned or affiliated foreign facilities.
- Shipments of covered materials that are exported solely for assembly in medical kits and diagnostic testing kits destined for U.S. sale and delivery.
- Sealed, Sterile Medical Kits Where Only a Portion of the Kit is Made Up of One or More covered materials That Cannot be Easily Removed Without Damaging the Kits.
- In-Transit Merchandise: Shipments in Transit through the United States with a Foreign Shipper and Consignee, Including Shipments Temporarily Entered into a Warehouse or Temporarily Admitted to a Foreign Trade Zone.
- Shipments for Which the Final Destination is Canada or Mexico.
The FRN indicates that for some of the exemptions, a “letter of attestation” must be provided to US Customs and Border Protection (CBP) prior to export.
CBP has issued guidance including instructions on documentation requirements in Cargo Systems Messaging Service (CSMS) #42439611.
