Glenn, would they be required to get any assurances from the importer of record that they (importer) are in compliance with FSVP (maybe as part of an approved supplier program), or would that be on their client?
Hi Tim - No, they are not required to do so. There is no requirement (eg law, regulation, etc.) for them to do this.
With that said and since we provide consulting on FSVP to exporters of items being imported to the US that is what we tell our clients that are storage facilities, 3PL's etc that only receive and then ship out to whoever the actually importer has as customers -- we do believe in "CYA" and the FDA may stop by from time to time at the pass-thru point... thus we suggest the pass-thru points gets a letter from the actual importer that informs as to what company is the importer of record and that this location has FSVP documentation for review - or if they are exempt from FSVP they can provide that statement as well.
This is also not a requirement, however I like having my clients do a CYA just in case and then have that updated.
The funny thing is that gettng this type of letter initially is difficult because few importers are actually requiring their foreign exporters to submit FSVP documentation - thus many foreign producers are not complying.
This whole FSVP thing is a real sticky wicket.
So, if this 3PL was our client we would recommend getting a letter from the importer of record for whatever products they import via the pass-thru.
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