Update: On April 27, 2020, CBP issued a set of frequently asked questions for exporters about the temporary rule issued by FEMA on April 10, 2020 requiring FEMA’s approval for exports from the United States of five types of PPE. Click here to read the CBP frequently asked questions.
The Federal Emergency Management Agency (“FEMA”) announced in an April 10, 2020 Federal Register notice that exporters will require approval from FEMA to export from the United States five types of personal protective equipment (“PPE”), subject to an exemption for certain continuous exports. The rule is effective from April 7, 2020 through August 10, 2020.
Under the rule, Customs and Border Protection (“CBP”) will temporarily detain any shipment of covered gloves, masks, or respirators, as defined below, to allow FEMA to determine which PPE to return for domestic use and purchase by FEMA or to allow, in whole or in part, to be exported from the United States. FEMA will make these determinations “within a reasonable time of being notified of an intended shipment.”