On March 19, 2024 new import requirements took effect that impact organic textile products shipped into the USA. The USDA published the Strengthening Organic Enforcement (SOE) final rule on January 19, 2023, which requires the use of electronic NOP Import Certificates for organic agricultural products imported into the U.S. The use of the NOP Import Certificate was mandatory as of March 19, 2024.
Implementing the NOP Import Certificate involves close collaboration with U.S. Customs and Border Protection (CBP), organic certifiers, organic importers and exporters, and organic programs in other countries. In April 2020, the NOP and CBP announced the ability to electronically file the organic import certificate in CBP's import system, the Automated Commercial Environment (ACE). This electronic organic certificate was launched as an optional filing step. U.S. organic importers should request the NOP Import Certificate (pdf) from exporters to include in their import filings.
Notwithstanding that this rule was finalized a year ago, it is our impression that these new requirements for organic products are better understood in the food industry than in textiles., and it is unclear whether these rules correctly apply to products made from orgnaic cotton (as opposed to imports of organic cotton fiber). We have heard from exporters that have had organic cotton textile products stopped at the border. We recommend that any exporter encountering problems at the border work with your customs broker to resolve these issues.
According to one customs broker, USDA realizes that not all importers are ready for this new requirement and exporters can utilize a temporary disclaimer code to notify USDA that you are in the process of obtaining NOP Import Certificates from the exporter for future shipments.
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