In a Federal Register notice published on March 25, 2015, the Agricultural Marketing Service (AMS) issued an interim rule changing its reporting regulations for goods exempt under Section 8(e) to include the ability to electronically file the Importer’s Exempt Commodity Form (FV-6), effective March 30, 2015.

The notice clarifies that, “Section 8e provides that whenever certain commodities are regulated under Federal marketing orders, imports of those commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, and/or maturity requirements as those in effect for the domestically produced commodities.”

Certain commodities including avocados, grapefruit, kiwifruit, olives, oranges, table grapes, Irish potatoes, onions, tomatoes, dates, walnuts, raisins, and pistachios, if imported for livestock feed, processing, or charity, are exempt from the 8e requirements. In order to be eligible for the exemption, importers need to file form FV-6.

While most importers currently file the forms electronically through the Marketing Order Online System (MOLS), the existing regulations only provide for paper submission.

The Federal Register notice can be accessed online at:
https://www.federalregister.gov/articles/2015/03/25/2015-06490/fruit-vegetable-and-specialty-crops-import-regulations-changes-to-reporting-requirements-to-add