PGA Flags on HTS Codes: What Each Flag Asks For in ACE
Chen Cui Co-Founder of GingerControl A PGA flag is a code CBP attaches to an HTS number to tell the filer that a Partner Government Agency such as FDA, EPA, USDA APHIS, CPSC or NHTSA either requires data (an R flag) or may require it (an M flag). The data travels in the ACE PGA Message Set on the same entry line. Disclaim codes are generally not allowed on a required flag, so the HTS code you choose decides which agency data your filer must produce before the goods can be released.
In this post
- What is a PGA flag on an HTS code?
- How does the ACE PGA Message Set use those flags?
- What is a PGA flag, and why does it live on the HTS code?
- Which agencies flag HTS codes, and what does each flag demand?
- How does the ACE PGA Message Set carry the data?
- When can you disclaim a PGA flag, and when is disclaiming a mistake?
- What happens when a flagged line arrives without the data?
- How does a wrong HTS code change which flags fire?
- How do you check the flags on a code before you ship?
- Where classification fits before the PGA review
- References
What is a PGA flag on an HTS code?
A PGA flag is a code CBP attaches to an HTS number to tell the entry filer that a Partner Government Agency (PGA), such as FDA, EPA, USDA APHIS, CPSC or NHTSA, either requires data for that line or may require it. CBP's ACE Agency Tariff Code Reference (March 4, 2026) defines each flag as R, required, or M, may be required.
How does the ACE PGA Message Set use those flags?
The agency data travels on the same entry line as the HTS number, in a block of records called the PGA Message Set. Per CBP's PGA Message Set CATAIR (July 2026), each flagged line carries either the agency's data or a disclaim code, and disclaim codes are generally not allowed when the flag says the data must be provided.
The HTS number you put on an entry line does two jobs. It sets the duty, and it selects which Partner Government Agencies get a say before the goods are released. CBP publishes the flag codes, the ACE PGA Message Set carries the agency data, and a required flag cannot generally be disclaimed. For a compliance manager onboarding 40 new SKUs a quarter, that makes each classification an admissibility decision as well as a duty decision. GingerControl is the trade compliance AI that builds the classification those flags hang on: its HTS Classification Researcher reasons through the GRI and reads CROSS rulings before it settles a code, so the flag lookup starts from a code with the reasoning attached.
Last updated: October 2026
What is a PGA flag, and why does it live on the HTS code?
ACE is, in CBP's words, the U.S. "Single Window" because "it provides a single, centralized access point connecting CBP, Partner Government Agencies and the business community" (CBP, ACE information page, last modified August 31, 2026). An agency cannot review a shipment the entry does not route to it. The flag does the routing.
CBP's reference sets one rule that every flag must respect: "The triplet of HTS code, Agency code, and Program code must always yield one HTS flag." In plain terms, for each HTS number and each agency program, there is exactly one answer to the question "does this agency want data here?"
That answer comes in two strengths:
- R, required. The agency's data set is expected on the line. FD2, for example, reads "FDA data Required 801(a)".
- M, may be required. The product might fall under the agency's rules, depending on facts the HTS number alone cannot settle. FD1 reads "FDA data may be required 801(a)".
FDA explains the design from its side. Its page on the HTS and FD flags (content current as of October 25, 2017) calls the flag "an indicator to the customs broker/entry filer that your product needs to be transmitted to FDA for review." The same page adds the caveat that matters most for this topic: not every FDA-regulated product carries an FD flag, and filers "may still transmit FDA data for HTS codes that do not have an FD flag" based on the product's intended use.
So the flag is a prompt attached to the code. The obligation belongs to the product.
Which agencies flag HTS codes, and what does each flag demand?
The March 2026 Agency Tariff Code Reference lists the flags below. It also notes that, since July 29, 2015, DDTC and ATF "will not be providing tariff flags", so the absence of a flag says nothing about those two agencies' rules.
| Agency | Flag codes (M = may be required, R = required) | What the flag asks for |
|---|---|---|
| FDA | FD1 (M), FD2 (R) | FDA entry data under section 801(a), across biologics, cosmetics, devices, drugs, food, radiation-emitting products, tobacco and veterinary programs |
| FDA | FD3 (M), FD4 (R) | FDA prior notice data under section 801(m), plus entry data |
| USDA APHIS | AQ1 (M), AQ2 (R), AQX (M, no disclaim required) | APHIS plant, animal and biotechnology program data |
| USDA APHIS (Lacey Act) | AL1 (M), AL2 (R) | Lacey Act plant product declaration data |
| USDA FSIS | FS3 (M), FS4 (R) | FSIS data, applicable to all FSIS programs |
| USDA AMS | AM1 to AM8 (mixed M and R) | Egg, marketing order, peanut and organic program data |
| EPA | EP1 (M), EP2 (R) | Ozone depleting substances data |
| EPA | EP3 (M), EP4 (R) | Vehicles and engines data |
| EPA | EP5 (M), EP6 (R) | Pesticides data |
| EPA | EP7 (M), EP8 (R) | Toxic Substances Control Act data |
| EPA | EH1 (M, only disclaim A allowed), EH2 (R) | Hydrofluorocarbons data |
| NHTSA | DT1 (M), DT2 (R) | HS-7 data for motor vehicles and motor vehicle equipment |
| U.S. Fish and Wildlife Service | FW1 (M, disclaim only C, D or E), FW2 (R), FW3 (M, disclaim only C or D) | Fish and wildlife declaration data |
| CPSC | CP1 (M), CP2 (R) | Consumer Product Safety Commission data |
| NOAA Fisheries (NMFS) | NM1 to NM8 (mixed M and R) | Program data including the Seafood Import Monitoring Program (NM8, required) |
| TTB | TB1 (M), TB2 (R), TB3 (M, disclaim only A or C) | Beer, wine, distilled spirits and tobacco data |
Bottom line: For compliance teams onboarding SKUs across food, chemicals, consumer goods and vehicles, the flag table is short but the combinations are not. One HTS number can carry flags from several agencies, and some M flags restrict which disclaim codes are allowed, so "may be required" does not always mean "free to disclaim".
One CPSC date on this table is recent. CPSC's Certificates of Compliance final rule (90 FR 1800, January 8, 2025) requires electronic filing of certificates of compliance with CBP for CPSC-regulated products that must be certified, applicable from July 8, 2026, and from January 8, 2027 for products entered from a foreign trade zone. A September 2025 correction (90 FR 45917) restated the effective date and says it "has no substantive effect on the dates by which products subject to the final rule must be in compliance." The CP1 and CP2 flags are where that rule meets the HTS line.
How does the ACE PGA Message Set carry the data?
CBP's PGA Message Set CATAIR, dated July 1, 2026 and posted on CBP's PGA Message Set page on July 6, 2026, is the record layout for PGA data in ACE. It describes itself as "the single record layout for all input from the trade for PGA data," replacing the older agency-specific record sets. The data rides inside another transmission, such as an entry summary certified for release or a cargo release (simplified entry).
The structure works line by line:
- OI record. A plain-English commercial description of the line item. The CATAIR states that "only one OI record is allowed per HTS code."
- PG01 record. One per agency program. It names the agency code and program code, and it holds the disclaim field if the filer is disclaiming.
- PG02 and later records. If the filer is not disclaiming, the CATAIR expects a PG02 identifying the product or component, followed by whatever records that agency's guidance demands: entities, permits and licenses, certifications, inspection requests.
The CATAIR is explicit about the trigger: "At a minimum, if there is a PGA filing requirement for an HTS entry line, there would be one instance of the PGA Message set records submitted." Its usage notes add that for each HTS number you can have "a one-to-none (HTS to PGA), a one-to-one (HTS to PGA), or a one-to-many (HTS to PGA) situation." A single line can carry several agency blocks, one PG01 for each agency program.
The detail belongs to each agency. The CATAIR states that "not all PGAs require all data elements or records" and points filers to "PGA-specific guidance for their data reporting requirements," such as the CPSC eFiling Implementation Guide (version 2.4, May 2026).
When can you disclaim a PGA flag, and when is disclaiming a mistake?
A disclaim is the filer's statement, on the PG01 record, that the agency's data is not being provided and why. The CATAIR lists seven codes:
| Code | Meaning in the CATAIR | Restriction |
|---|---|---|
| A | Product is not regulated by this agency | None stated |
| B | Data is not required per agency guidance | None stated |
| C | Data filed through other agency means | None stated |
| D | Data filed through paper | None stated |
| E | Product contains no fish or wildlife, except as exempted under 50 CFR part 14 | FWS only |
| F | Product made in the U.S. and sent to the warehouse without leaving the U.S. | FDA only, entry type 21 |
| G | Plant material is no more than 5 percent of each unit's weight, and the plant material in that entry, within one 10-digit HTS provision, does not exceed 2.9 kilograms | APHIS Lacey only |
Bottom line: For filers clearing high volumes of M-flagged lines, the disclaim code is a factual statement about the product, not a formatting choice. Code A says the agency has no jurisdiction; code B says the agency's own guidance waives the data. Each needs a fact behind it.
The controlling sentence is in Note 1 of the CATAIR: "Codes A, B, C, D, E, F and G are generally NOT allowed if the HTS tariff is flagged as 'Must Be' provided. However, some agencies may have exceptions to this, and allow these codes in certain situations."
Disclaiming goes wrong in two predictable ways:
- Disclaiming an M flag on a product that is regulated. FDA's own flag definitions put the decision on the facts: FD1 means "If regulated by FDA, submit entry information; if not regulated by FDA, disclaim." A disclaim on a regulated product is an inaccurate statement on the entry.
- Trying to disclaim an R flag. On a required flag, the disclaim is generally not available at all. If the product truly is outside the agency's scope, the more likely problem is the HTS number, not the flag.
What happens when a flagged line arrives without the data?
The outcome depends on whether the data is missing or wrong, and each agency's guidance sets the detail. EPA's ACE tips for filing pesticides notices of arrival (May 2021) describe the three outcomes plainly:
| Outcome | What EPA's guidance says it means | What the filer does next |
|---|---|---|
| May proceed | The filing "is complete for processing in ACE" | Nothing, though EPA may still review manually |
| Reject | The filing "has not provided the information needed in one or more data fields for ACE to process the filing" | Supply the missing data so ACE can process the filing |
| Hold intact | The filing is complete but does not provide valid information, and "the goods cannot enter the U.S. commerce" | Work with the agency; it may request a CBP exam hold or refuse admission |
Bottom line: For importers whose entries keep stopping for reasons the duty calculation did not predict, a reject is a data gap caught by ACE's automatic checks, while a hold intact is an agency decision that can outlast a CBP release. EPA's guidance notes a filer can receive CBP release while EPA's hold intact still stands.
For food, the consequence is written into regulation. Under 21 CFR 1.279, prior notice must be confirmed by FDA no less than 2 hours before arrival by road, 4 hours by rail or air, and 8 hours by water. Under 21 CFR 1.283, food that arrives with no confirmed prior notice "is subject to refusal of admission," and unless it is immediately exported under CBP supervision, "it must be held within the port of entry." FD3 and FD4 are the flags that point a filer at that requirement.
How does a wrong HTS code change which flags fire?
Because the flag is a property of the HTS number, a classification error moves the flags with it, in three ways:
- The wrong code carries an R flag the product does not need. The filer cannot generally disclaim it, so the line needs agency data the product should not need. The fix is the code, not the PGA data.
- The wrong code carries no flag, but the product is regulated. Nothing prompts the filer. FDA's page is clear that a missing flag "does not mean that the product is not FDA-regulated." The agency is not prompted to review the line, and the importer carries the gap.
- The wrong code carries an M flag where the right code carries an R flag. A disclaim goes through that should never have been available.
Quotable insight: A PGA flag is a property of the HTS line, but the PGA obligation is a property of the product. When the code is wrong, the two come apart: the entry either demands agency data the product does not need, or stays silent about data it does need. A classification error at the entry line is therefore also an admissibility error, and it surfaces at the border, not at liquidation.
This is why classification and PGA review belong in the same onboarding step. A hold intact or a refused food shipment happens before release, while the cargo waits. The CATAIR even ties one disclaim to the code: APHIS Lacey code G is measured against "the same 10-digit provision of the Harmonized Tariff Schedule," so a different 10-digit line changes which goods count toward the 2.9 kilogram limit.
How do you check the flags on a code before you ship?
Treat the flag set as part of the product record, settled before the first purchase order. A practical sequence:
- Settle the 10-digit HTS number with its reasoning. Keep the GRI analysis and rulings relied on alongside the code.
- Ask your filer for the flags on each code. Get the list per SKU, not per shipment.
- Read each flag against the reference. Use the Agency Tariff Code Reference to note R versus M and any disclaim restriction such as FW1, FW3, TB3 or EH1.
- For each M flag, write down the fact that decides it. Intended use for FD1 and FD3, plant content for AL1, fish or wildlife content for FW1. That fact is what supports a disclaim later.
- For each R flag, identify the data owner. Prior notice, a CPSC certificate, an EPA notice or an HS-7 declaration each comes from someone in the supply chain.
- Check for products regulated without a flag. FDA's entry submission page says that, based on intended use, customs brokers "are expected to transmit FDA data for HTS codes that do not have an FD flag." A new device or cosmetic deserves the question even when the code is silent.
- Re-check when the code changes. A reclassification or a new HTS revision can move a product to a line with a different flag set.
For how PGA holds look from the terminal, see why CBP holds first-time importers' shipments. For the ISF data that travels weeks earlier and also carries the HTS number, see ISF 10+2 filing requirements. Sector detail sits in HTS classification for food and beverages, which covers FDA prior notice and USDA permits, and in Chapter 90 medical devices. For where all of this sits in the full sequence, see the customs clearance process.
Where classification fits before the PGA review
PGA flags start from the HTS number, so the work that decides them starts with classification. GingerControl's HTS Classification Researcher follows GRI logic and asks clarifying questions before it settles a code, reading similar CROSS rulings during the analysis and producing a reasoning report grounded in Section and Chapter Notes. That record gives your filer a code with its reasoning, which is the input every flag lookup needs. GingerControl does not assign PGA flags, transmit PGA data or file entries; your licensed broker or filer does that.
GingerControl is an HTS Classification Researcher: it follows the reasoning process a licensed customs broker uses, but the final classification decision benefits from professional judgment, and its documentation supports that decision rather than providing legal advice or replacing licensed customs expertise.
References
- U.S. Customs and Border Protection, ACE Agency Tariff Code Reference, March 4, 2026, Pub # 0875-0419
Data cited: flag codes and R/M designations for EPA, FSIS, NMFS, NHTSA, APHIS, APHIS Lacey, FDA, AMS, TTB, OMC, FWS, DEA and CPSC; the triplet rule; DDTC and ATF not providing flags since July 29, 2015
Source: ACE Agency Tariff Code Reference - U.S. Customs and Border Protection, CBP and Trade Automated Interface Requirements, PGA Message Set, July 1, 2026 (posted July 6, 2026)
Data cited: purpose of the message set, OI, PG01 and PG02 rules, disclaim codes A to G and Note 1, HTS to PGA relationships
Source: ACE CATAIR PGA Message Set, via CBP PGA Message Set page - U.S. Customs and Border Protection, ACE information page, last modified August 31, 2026
Data cited: ACE as the U.S. Single Window connecting CBP, Partner Government Agencies and the trade
Source: ACE: The Import and Export Processing System - U.S. Food and Drug Administration, Harmonized Tariff Schedule and FD Flags, content current as of October 25, 2017
Data cited: FD1 to FD4 definitions; FDA-regulated products without FD flags
Source: Harmonized Tariff Schedule and FD Flags - U.S. Food and Drug Administration, Entry Submission, content current as of October 9, 2024
Data cited: brokers expected to transmit FDA data for unflagged HTS codes based on intended use
Source: FDA Entry Submission - eCFR, 21 CFR 1.279 and 1.283, prior notice of imported food
Data cited: prior notice timing by mode; refusal of admission and holding for food without prior notice
Source: 21 CFR 1.279, 21 CFR 1.283 - U.S. Environmental Protection Agency, ACE Tips and Guidelines for Filing EPA Notice of Arrival for Pesticides and Devices, May 2021 (hosted by CBP)
Data cited: may proceed, reject and hold intact outcomes
Source: EPA pesticides ACE filing tips - Federal Register, Consumer Product Safety Commission, Certificates of Compliance, 90 FR 1800, January 8, 2025, and correction, 90 FR 45917, September 24, 2025
Data cited: eFiling of certificates with CBP applicable July 8, 2026, and January 8, 2027 for products entered from a foreign trade zone
Source: 90 FR 1800, 90 FR 45917 - U.S. Customs and Border Protection, CPSC eFiling Implementation Guide, version 2.4, May 2026
Data cited: example of an agency-specific implementation guide for the PGA Message Set
Source: CPSC eFiling Implementation Guide
Questions people ask
What does a PGA flag on an HTS code mean for a compliance manager onboarding new SKUs?
It means a Partner Government Agency has tied a data requirement to that HTS number. CBP's ACE Agency Tariff Code Reference marks each flag R for required or M for may be required. A manager onboarding 40 SKUs a quarter should know the flags on each code before the first order. GingerControl's HTS Classification Researcher settles the code with GRI reasoning first, which is what the flags hang on.
What is the difference between an FD1 and an FD2 flag for an importer of mixed products?
FD1 means the product may or may not be FDA-regulated: if it is, the filer submits FDA entry data, and if not, the filer disclaims. FD2 means FDA data is required. For an importer whose catalog mixes industrial goods and FDA-regulated goods, the difference decides whether a disclaim is even an option. GingerControl documents the classification reasoning so the filer can see why each code was chosen.
Can a customs broker disclaim a PGA flag that is marked required?
Generally no. CBP's PGA Message Set CATAIR states that disclaim codes A through G are generally not allowed when the HTS number is flagged as must be provided, though some agencies allow exceptions in their own guidance. For a broker clearing 200 lines a week, a required flag means the agency data set has to be ready. GingerControl supports the classification upstream of that decision; the filer transmits the data.
How does a wrong HTS code cause a PGA hold or a rejected entry?
The flag follows the code, so a wrong code can add a flag the product does not need or drop one it does. A filing missing required data draws a reject in ACE, and data that is complete but invalid can draw a hold intact, per EPA's ACE filing guidance. GingerControl's HTS Classification Researcher asks clarifying questions before settling a code, so the code the flags hang on arrives with its reasoning attached.
Does GingerControl file PGA data or transmit the PGA Message Set?
No. GingerControl is a builder of trade compliance AI, not a customs broker, importer of record or entry filer. Its HTS Classification Researcher produces an audit-ready reasoning report grounded in Section and Chapter Notes and CROSS rulings. The licensed broker or filer transmits the entry and any PGA Message Set, and the agencies decide admissibility.
Which agencies most often flag HTS codes for a consumer goods importer?
Agencies whose flags can apply to general consumer goods include FDA for food, cosmetics and devices, CPSC for products under a consumer product safety rule, EPA for pesticides, TSCA chemicals and engines, and USDA APHIS for plant material under the Lacey Act. A retailer importing 500 SKUs can see several agencies across one catalog. GingerControl keeps one reasoned classification per SKU so every flag lookup starts from the same code.
Classifying SKUs one ruling at a time?
Hand this to GingerOS.
Pick a 30-minute slot on the next page with Chen Cui, our CEO. Bring one notice or one SKU list (an ERP export, a spreadsheet or an email will do) and see what GingerOS does with it.
Reviewed by Michael Weick, LCB / CCS
