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CBP Expands Section 321 Data Pilot to More Participants, Extends Until 2025

CBP is opening up its Section 321 data pilot beyond the initial nine participants, and extending the pilot an additional two years, until August 2025, the agency said in a notice released Feb. 15. CBP also will allow submission of new, optional data elements as part of the pilot.

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“With the expansion of the data pilot, CBP intends to increase the number of trade participants who are transmitting advance data elements on Section 321 de minimis shipments for trade facilitation and risk management purposes, as well as add optional data elements that may be submitted by any participant,” the agency said. “The increase in the number of participants transmitting data, as well as the addition of new optional data elements, will provide CBP with additional data needed to measure the success of the pilot.”

CBP had been planning to expand the pilot to more participants since before its first extension of the test until August 2023 (see 2108040012 and 2108270045). The agency is simultaneously drafting proposed regulations on Section 321 data collection that will be informed by the pilot, and also is working on a parallel process for Type 86 entries (see 2207190012).

With pilot participation now unlimited, CBP is seeking additional participation “from stakeholders in the e-commerce environment, including carriers, brokers, freight forwarders, and online marketplaces,” it said. “There are no restrictions regarding organizational size, location, or commodity type,” and “online marketplaces do not need to offer delivery logistic services to participate in the pilot,” though there are minimum requirements around “information technology infrastructure and support,” CBP said.

Participants selected by CBP “will be onboarded in the order in which their applications are received in phases averaging three participants per month,” the agency said.

The optional data elements CBP is adding to the Section 321 pilot “will inform possible future rulemakings, trade facilitation benefits, and other CBP initiatives affecting Section 321 shipments,” CBP said. The optional data elements include the 10-digit tariff schedule number, retail price in the export country, product weight and quantity, listed marketplace price and information on the shipper, consignee, buyer and marketplace. The optional data elements may be submitted starting on the publication date of CBP’s notice, currently set for Feb. 16.