Buyer guide: United States import requirements
Importing Argentine red shrimp and hake into the United States: FDA, SIMP, Section 609 and MMPA
A US importer of Argentine red shrimp (Pleoticus muelleri) or Argentine hake (Merluccius hubbsi) has to line up FDA facility registration, prior notice, seafood HACCP importer verification, and, for shrimp, SIMP reporting and a DS-2031 declaration. This page cites the official rules as of the dates below. It is not legal advice.
Last reviewed . First published 2026-11-12.
Not legal or commercial advice. This page summarises public documents for orientation only. Rules, seasons and certificates change. Confirm every requirement with the issuing authority, your customs broker and your supplier before you buy.
The duties below sit with the US importer of record and, for some filings, with the foreign facility. We match quote requests with Argentine suppliers; we do not clear goods through US customs and we are not a processor.
FDA: facility registration, prior notice and seafood HACCP
- Food facility registration. The owner, operator or agent in charge of a domestic or foreign facility that manufactures, processes, packs or holds food for consumption in the United States must register the facility, unless an exemption in 21 CFR 1.226 applies (21 CFR 1.225, FDA, Food Facility Registration).
- Prior notice. FDA must receive and confirm prior notice of the imported food before arrival. For goods arriving by water, prior notice must be submitted no less than eight hours before arriving at the port of arrival (21 CFR 1.279). Submission is through ABI/ACE/ITDS or the FDA Prior Notice System Interface (PNSI), and FDA returns a Prior Notice Confirmation Number.
- Importer verification under seafood HACCP. Every importer of fish or fishery products must either obtain the product from a country that has an active memorandum of understanding with FDA covering that product, or have and implement written verification procedures to ensure that the goods were processed in accordance with 21 CFR Part 123 (21 CFR 123.12). Those procedures must include product specifications and affirmative steps, which may include obtaining HACCP and sanitation records, a government or third-party certificate, inspecting the foreign processor, keeping an English copy of the HACCP plan with a written guarantee, or periodic testing. Records must be kept in English. If those assurances do not exist, the product will appear adulterated and will be denied entry.
Names on the label, and allergens
The FDA Seafood List is the agency's guidance on acceptable market names.
| Scientific name | Acceptable market name(s) | Common name(s) | Notes from FDA |
|---|---|---|---|
| Pleoticus muelleri | Shrimp | Argentine Red Shrimp | Type: invertebrate (crustacean). FDA Seafood List |
| Merluccius hubbsi | Whiting | Argentine Hake | Vernacular names (Southwest Atlantic Hake, Patagonian Whiting, Argentinian Hake, South American Hake) are for cross-reference only and are generally not acceptable for labelling. FDA Seafood List |
FDA states that the acceptable market name and the common names, when not prohibited, may be used to label seafood in interstate commerce. "Hake" is the common name for Merluccius hubbsi, not the acceptable market name; "Whiting" is. If your customer is used to seeing "Argentine hake" on a specification, agree the label wording against the Seafood List before the goods ship.
Fish and Crustacean shellfish are two of the major food allergens listed in the Food Allergen Labeling and Consumer Protection Act (FALCPA, FDA . A finished label for hake must declare fish, and a finished label for red shrimp must declare Crustacean shellfish, in the way FDA requires for that product.
NOAA SIMP: shrimp is in, hake is not a named species group
The Seafood Import Monitoring Program traces listed species back to the point of harvest or production. NOAA lists 13 species groups, including shrimp. Hake is not one of those 13 groups. Compliance for shrimp became effective on 31 December 2018 (NOAA Fisheries, SIMP ).
The SIMP HTS list, updated October 2026 flags many shrimp headings, including frozen cold-water shrimp (0306.16) and other frozen shrimp and prawns (0306.17). It does not list a specific frozen-hake heading as a SIMP species group. It does flag some residual "NSPF Fish" baskets whose description includes the family Merlucciidae among several families. Confirm the HTS code of your product with CBP, and file SIMP data when the code is flagged.
The importer of record is responsible for reporting the harvest-to-entry information SIMP requires. Ask the supplier for the vessel, catch area, landing point and any other data your filer needs, in time for entry.
Section 609 and the DS-2031 form (shrimp only)
Section 609 of Public Law 101-162 restricts imports of wild-caught shrimp unless the harvesting nation is certified. On 10 April 2026 the Department of State certified Argentina pursuant to section 609(b)(2)(C), among nations "with shrimping grounds only in cold waters where the risk of taking sea turtles is negligible." The determination and certification notice is effective 21 April 2026 (Federal Register, 21 April 2026, 91 FR 21364 ).
- Shrimp and products from shrimp imported into the United States must be accompanied by the DS-2031 Shrimp Exporter's/Importer's Declaration.
- For certified nations, including Argentina, importers must either give the DS-2031 to CBP at the port of entry or provide the required information through the Automated Commercial Environment.
- They should mark Box 7(B), "harvested in the waters of a nation currently certified pursuant to Section 609 of Public Law 101-162," whether the shrimp is wild-caught or the product of aquaculture (91 FR 21364 ).
- The form must accompany the shipment through all stages of the export process, including any transformation of the original product and any shipment through an intermediary nation.
- Certification is a prerequisite for certain wild-caught shrimp. It does not guarantee entry, and the goods remain subject to any other applicable restrictions (91 FR 21364 ).
Section 609 and the DS-2031 apply to shrimp, not to hake.
MMPA comparability findings
Under the Marine Mammal Protection Act import provisions, fish and fish products from a foreign export or exempt fishery may be imported into the United States only if the harvesting nation has received a comparability finding for that fishery, effective 1 January 2026 (Federal Register, 2 September 2025; NOAA Fisheries, comparability finding determinations ). Determinations are generally valid through 31 December 2029.
NOAA lists Argentina among the nations that received comparability findings for all of their export and exempt fisheries (NOAA list; 90 FR, 2 Sep 2025). The Argentina final report states that NMFS determined that all of Argentina's exempt and export fisheries are comparable in effectiveness to the US regulatory program.
That finding can change if a later determination is published. Check the NOAA list before you plan a shipment.
What to put in a quote request if the goods are for the United States
- Species and scientific name, presentation and grade (see red shrimp, the size guide, hake and the fillet guide)
- Confirmation that the foreign facility is FDA-registered, and the registration details your filer needs
- For shrimp: harvest data for SIMP, and a DS-2031 (Box 7(B) while Argentina remains certified)
- The label wording you need, checked against the FDA Seafood List and allergen rules
- Volume, Incoterm and the US port of entry if you already know it
Not legal or commercial advice. This page summarises public documents for orientation only. Rules, seasons and certificates change. Confirm every requirement with the issuing authority, your customs broker and your supplier before you buy.
Frequently asked questions
Is Argentine wild-caught shrimp allowed into the United States in 2026?
Yes, subject to the other import rules on this page. On 10 April 2026 the Department of State certified Argentina under Section 609, as a cold-water shrimp-harvesting nation (91 FR 21364). Every shrimp shipment still needs a DS-2031, and certification does not override other US entry rules.
Which DS-2031 box do importers mark for Argentine shrimp?
Box 7(B). The 2026 Federal Register notice says importers of shrimp from certified nations should mark Box 7(B) regardless of whether the shrimp is wild-caught or the product of aquaculture, and may file the form with CBP or through ACE (91 FR 21364).
Does SIMP apply to Argentine red shrimp? What about hake?
Shrimp is one of the 13 SIMP species groups (NOAA SIMP). Hake is not a named species group. Confirm the HTS code of your product against the October 2026 HTS list with CBP, because some residual fish baskets are flagged.
What market name should appear on the US label?
Pleoticus muelleri: acceptable market name Shrimp, common name Argentine Red Shrimp (FDA Seafood List). Merluccius hubbsi: acceptable market name Whiting, common name Argentine Hake (FDA Seafood List). Vernacular names such as Argentinian Hake are not for use on the label.
Sources for this page
All links checked 2026-11-12. Supplier pages are examples published by sellers, not standards. Full site list on our sources page.
- 21 CFR 1.225, Who must register under this subpart (govinfo, 1 April 2025 edition)
- 21 CFR 123.12, Special requirements for imported products (govinfo, 1 April 2025 edition)
- 21 CFR 1.279, When must prior notice be submitted to FDA? (govinfo, 1 April 2025 edition)
- FDA: Registration of Food Facilities and Other Submissions
- FDA Seafood List: Pleoticus muelleri
- FDA Seafood List: Merluccius hubbsi
- FDA: Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA)
- NOAA Fisheries: Seafood Import Monitoring Program
- NOAA, SIMP Harmonized Tariff Schedule codes, updated October 2026
- Federal Register, 21 April 2026, 91 FR 21364: Annual Determination and Certification of Shrimp-Harvesting Nations
- US Department of State, form DS-2031, Shrimp Exporter's/Importer's Declaration
- NOAA Fisheries: MMPA comparability finding determinations for harvesting nations
- NOAA Fisheries, MMPA Import Provisions Comparability Finding Application Final Report, Argentina
- Federal Register, 2 September 2025: MMPA comparability findings and import restrictions
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