CBP Formally Announces Pilot of Type 86 de Minimis Entry, to Begin 'No Earlier Than' Sept. 28
CBP is issuing a notice formally announcing the beginning of a pilot to test a new type of informal entry in ACE for low-value shipments. New entry type 86 will allow importers of goods valued under the $800 de minimis level to file a less complex entry, including for goods subject to partner government agency (PGA) requirements, “and will expedite the clearance of compliant Section 321 low-valued shipments,” CBP said. The test will begin “no earlier than,” Sept. 28.
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The pilot will be open to “all owners, purchasers, consignees, and designated customs brokers of Section 321 low-valued shipments, including those subject to PGA requirements, imported by all modes of cargo transportation,” CBP said. Consignees will not be eligible to file on their own behalf, and must instead designate a customs broker to act as the importer of record for the shipment. “Importers of Section 321 low-valued shipments that do not contain any PGA data requirements may continue to utilize the ‘release from manifest’ process or may utilize the ACE Entry Type 86 Test,” CBP said.
The new entry type will be considered “customs business” under CBP regulations. A bond and entry summary documentation will not be required for the new entry type, and the importer will be exempt from harbor maintenance tax and merchandise processing fees. However, if CBP determines that any duties, taxes and fees are otherwise required on the entry, the shipment will not be eligible for Section 321 and the type 86 entry will be rejected and must be refiled as a different entry type, CBP said.
Data elements required for the new type 86 entry include: (1) the bill of lading or the air waybill number; (2) entry number; (3) planned port of entry; (4) shipper name, address, and country; (5) consignee name and address; (6) country of origin; (7) quantity; (8) fair retail value in the country of shipment; and (9) 10-digit Harmonized Tariff Schedule of the U.S. (HTSUS) number. Additionally, the importer of record number will be required when the shipment is subject to PGA data reporting requirements.
“Upon receipt of the data in an entry type ‘86’ filing, CBP will determine whether the shipment is subject to PGA data reporting requirements,” CBP said. “Any PGA data reporting requirements would be satisfied by the PGA Message Set and the filing of any supporting documentation via the Document Image System (DIS).”
CBP gave no end date for the pilot, saying only that it will continue “until concluded by an announcement published in the Federal Register.” Comments on any aspect of the pilot may be submitted at any time during the test to OTENTRYSUMMARY@cbp.dhs.gov, with the subject line “Comment on the ACE Entry Type 86 Test.”
(Federal Register 08/13/19)