As a result of domestic shortages of personal protective equipment (PPE) related to the COVID-19 pandemic, on April 7, 2020, FEMA issued a temporary final rule, effective immediately, limiting the types of PPE that can be exported. Due to the scarcity of five specified categories of PPE, including N95 and other Filtering Facepiece Respirators, elastomeric respirators and their filters or cartridges, and PPE surgical masks and gloves, exports containing these items will be temporarily detained by U.S. Customs and Border Protection (CBP) and subject to review by FEMA. FEMA will review the export to determine whether to return the items for domestic use, issue a rated order for the items, or allow the export of part or all of the shipment. As a result, exporters of this PPE should plan on serious delays in the near term. This rule will remain in effect until August 8, 2020.
For more information on how these could impact your business, contact:
- Martin Lutz, Partner (mlutz@mcginnislaw.com, 512-495-6024),
- Lindsey Roskopf, Attorney (lroskopf@mcginnislaw.com, 713-615-8534), or
- Another member of the McGinnis Lochridge International Trade and Transactions Practice Group