The lack of information provided to the government for low-value shipments is a major impediment to stopping imports of counterfeit goods, the National Customs Brokers & Forwarders Association of America told the Commerce Department in a July 29 filing. The comments were filed in response to Commerce's request for input on the subject as it prepares a report for the president (see 1907080030). "For de minimis shipments valued at $800 or less, CBP clears shipments by processing data from manifests, which provides only limited data and does not include the information most needed for effective commercial targeting," the group said.
321 de minimis
De minimis is a policy described in 19 U.S.C. 1321 that allows the import of low value articles duty and tax free, provided their aggregate fair retail value does not exceed $800 in the country from which the articles are imported. Additionally, the articles must be imported by only one person on one day. The previous de minimis threshold was $200, but the Trade Facilitation and Trade Enforcement Act of 2015 increased it to $800. Increasing volumes of de minimis merchandise, along with enforcement concerns related to fentanyl and counterfeit merchandise, among other things, have prompted calls to restrict the pathway. De minimis goods may be cleared off manifest, or qualifying goods may be entered under the informal Type 86 entry type.
The widespread use of Electronic Cargo Security Devices (eCSDs) would create many new benefits to both private industry and the border enforcement agencies, logistics company Expeditors International said in April 11 comments in CBP's docket on creating a 21st Century Customs Framework. "Trade interests and Customs interests both would be well served if the same trade facilitation benefits currently given to CSDs were afforded to eCSDs," Expeditors said. Such devices would be one way to improve trade security within the e-commerce supply chain, the company said.
CBP posted a draft version of the CBP and Trade Automated Interface Requirements that includes the coming Entry Type 86 that will be used for Section 321 shipments under the de minimis value threshold. "The Entry Type 86 (Section 321) CATAIR will be available for testing in the CERTIFICATION environment starting in June 2019," CBP said in a CSMS message. The new entry type will require a 10-digit Harmonized Tariff Schedule number, and will give filers of low value entries a way to comply with partner government agency requirements (see 1802130035).
PALM SPRINGS, Calif. -- CBP’s revised Form 5106 importer ID requirements are currently getting “final approvals” from the Office of Management and Budget and should be coming “sooner rather than later,” said John Leonard, executive director for CBP Trade Policy and Programs, on Oct. 19. The majority of brokers don’t have to be too worried about the changes, seeing that most compliant brokers are already meeting the revised requirements anyway, Leonard said, speaking at the Western Cargo Conference.