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US partner government agencies at entry
Which US agencies besides CBP check imports at entry, what each wants filed in ACE, how PGA flags on HTS lines work and when a disclaim is enough.
Updated · 9 official sources
Besides CBP, more than a dozen federal agencies have programs in CBP's PGA message set, among them the FDA, CPSC, USDA, EPA, NHTSA, TTB and the Fish and Wildlife Service. They are called partner government agencies (PGAs), and when a product falls under one of them, its data travels with the customs entry through CBP's Automated Commercial Environment (ACE), or the importer files a disclaim saying why none is needed.
Rules as of 30 October 2026.
Which agencies check imports at US entry?#
The agencies that check imports at US entry are those with programs in ACE's PGA message set, listed in CBP's Appendix PGA of July 2026. Each one regulates its own kind of goods, and most mark the HTS lines they care about with tariff flags, so a filer can see from the code which agencies to answer.
| Agency | What its ACE data covers | HTS flags |
|---|---|---|
| FDA | Food, drugs, medical devices, biologics, cosmetics, radiation-emitting products, tobacco and veterinary drugs; see FDA | FD1 to FD4 |
| CPSC | Consumer products under a CPSC rule, through its eFiling certificates; see CPSC eFiling | CP1, CP2 |
| USDA APHIS | Plant protection and quarantine, veterinary services, animal care, biotechnology, and Lacey Act data on plant products | AQ1, AQ2, AQX, AL1, AL2 |
| USDA FSIS | Meat, poultry and egg products under its jurisdiction | FS3, FS4 |
| USDA AMS | Marketing order quality, shell eggs, peanuts and organic goods | AM flags |
| EPA | Pesticides (a Notice of Arrival before the shipment arrives), chemicals under TSCA (a certification before release), ozone-depleting substances, hydrofluorocarbons, vehicles and engines | EP and EH flags |
| NHTSA | Motor vehicles and equipment under the federal safety standards, declared on the HS-7 | DT1, DT2 |
| TTB | Beer, wine, distilled spirits and tobacco | TB1, TB3 |
| Fish and Wildlife Service | Wildlife and wildlife products, declared on Form 3-177 | FW1, FW2, FW3 |
| NOAA Fisheries (NMFS) | Tuna, highly migratory species, Antarctic marine living resources and the Seafood Import Monitoring Program | NM flags |
| DEA | Controlled substances, listed chemicals and regulated machines | DE1, DE3 |
| State Department, Office of Marine Conservation | Its marine conservation program | OM2 |
| FCC | Radio-frequency devices, which must meet an FCC import condition | None |
| ATF, State Department (DDTC), CDC | Firearms and explosives, defense articles, and CDC-regulated goods | None for ATF and DDTC since 29 July 2015 |
The FCC is a good example of an agency without flags. A radio-frequency device may be imported only if the importer or consignee determines it meets one of the FCC's import conditions, such as a valid equipment authorization, and must show how it decided if the FCC asks within one year of entry. A device that meets none of them can be refused entry.
Alcohol and tobacco bring TTB and excise rules of their own, covered in alcohol and tobacco.
How do PGA flags on HTS codes work?#
A PGA flag on an HTS line names an agency whose data may be needed for goods under that line. CBP's ACE Agency Tariff Code Reference marks each flag "M" (may be required) or "R" (required): an M line takes the agency's data or a disclaim, an R line takes the data.
Flags are a filter, not the full list of what is regulated. CPSC says its HTS and citation lists are "not all-encompassing", and a product under an unflagged line still has to meet every rule that applies to it. Flags also change over time, so check the flag a code carries when the goods are entered, not when the product was first listed.
What is a PGA message set?#
A PGA message set is the block of records an entry filer sends in ACE for one agency on one entry line. Its first record, PG01, names the agency, the agency's program and processing code, and either the data that follows or a disclaimer code saying why no data is sent. CBP's July 2026 implementation guide sets the format.
What each disclaim code means
| Disclaim code | Meaning |
|---|---|
| A | Product is not regulated by this agency |
| B | Data is not required per agency guidance |
| C | Data filed through other agency means |
| D | Data filed through paper |
| E | Product contains no fish or wildlife (FWS only) |
| F | US-made goods sourced straight to the warehouse (FDA, entry type 21 only) |
| G | Plant material of no more than 5% of each unit's weight and no more than 2.9 kg per HTS number in the entry (APHIS Lacey Act only) |
Codes A to G are generally not allowed on a line flagged "R", though some agencies make exceptions in their own guidance. border.bot's Restrict API lists the agency requirements on a product's line and whether each agency's data is required or may be required, and Comply decides what to file for the CPSC and the FDA, item by item.
Common questions#
What is a PGA in US customs?#
A partner government agency: a federal agency other than CBP, such as the FDA or CPSC, whose rules goods must meet to be released, and whose data is filed with the customs entry in ACE.
Can I disclaim a PGA flag?#
On a line flagged "may be required", yes, with a disclaim code such as A (not regulated by the agency). On a line flagged "required", disclaims are generally not accepted unless the agency's guidance allows one.
Does an HTS code without a flag mean no agency rules apply?#
No. Flags only help filers screen entries; the product still has to meet every agency rule that covers it.
Guides in this section#
- CPSC eFiling for US imports: Since 8 July 2026 importers must eFile CPSC certificate data with CBP. Who files, the seven data elements, CPC or GCC, Disclaim A or B, and mail shipments.
- FDA rules for US imports: What FDA needs at US entry for food, drugs, devices and cosmetics: the product code, Prior Notice, registration, affirmations of compliance and holds.
Sources#
- CBP and Trade Automated Interface Requirements, Appendix: PGA (opens in a new tab), U.S. Customs and Border Protection, 2026-07-24
- ACE CATAIR: Participating Government Agencies Message Set (opens in a new tab), U.S. Customs and Border Protection, 2026-07-01
- ACE Agency Tariff Code Reference (opens in a new tab), U.S. Customs and Border Protection, 2026-03-04
- 19 CFR 12.112: Notice of arrival of pesticides and devices (opens in a new tab), eCFR, current as of 2026-10-27
- 19 CFR 12.121: TSCA reporting requirements (opens in a new tab), eCFR, current as of 2026-10-27
- 49 CFR 591.5: Declarations required for importation (NHTSA) (opens in a new tab), eCFR, current as of 2026-10-27
- 50 CFR 14.61: Import declaration requirements (FWS) (opens in a new tab), eCFR, current as of 2026-10-27
- 47 CFR 2.1203 and 2.1204: FCC import conditions (opens in a new tab), eCFR, current as of 2026-10-27
- eFiling Frequently Asked Questions (opens in a new tab), U.S. Consumer Product Safety Commission, read 2026-10-30