Section 8e Exemptions - SC-6 Certificate

Webinar - Filing electronically for a Importer’s Exempt Commodity Certificate (Form SC-6) for commodities subject to Section 8e Regulations

Section 8e exemptions:

Exemptions to Section 8e import requirements only apply to fruits, vegetables and specialty crops brought into the United States for processing, animal feed, charity relief, certified seeds, government agencies, or other exempt outlets. It is vital that importers review varying requirements of each commodity before attempting to import it under exemption as not all exempt uses apply to all imported commodities. In most cases, processing includes canning, freezing, juice, dehydration, chips, shoestrings, starching, flouring, pickling or the application of heat or cold to such an extent that the natural form or stability of the commodity undergoes a substantial change. Peeling, cooling, slicing, dicing or applying material to prevent oxidation does not constitute processing.

The SC-6 exemption form must now be filed through the Compliance and Enforcement Management System (CEMS). The MOLS system previously utilized by AMS has been transitioned to CEMS. Visit Filing a SC-6 Certificate in CEMS for directions for registering for CEMS and instructions on filing a SC-6 Certificate.

No person may import any lot of an exempt commodity for processing or other exempt use unless the lot is accompanied by the electronic filing of a properly executed Importers Exempt Commodity Form (SC-6 certificate).

Filing for an exemption (SC-6 Certificate):

A SC-6 certificate allows importers to receive an exemption from satisfying the Section 8e inspection requirement by providing assurance that the shipment will be sent to processing, animal feed, charity relief, certified seed, government agencies, or other exempt outlets (requirements vary according to commodity). Both the shipper and receiver are required to register in the Compliance and Enforcement Management System (CEMS) to file an SC-6 certificate to notify the Agricultural Marketing Service’s Marketing Order and Agreement Division (MOAD) of the exemption activity.

We recommend filing for an SC-6 certificate in advance of a shipment’s expected arrival to a U.S. port. However, CEMS allows importers to file for an SC-6 certificate upon shipment approval and importers also have the option to file for an SC-6 certificate if the shipment failed its Section 8e inspection.