The FDA’s decision to begin requiring partner government agency filings for some previously exempt products could have an impact on some companies, though generally its effects on the trade will be limited by widespread use of Type 86 filing and the recent end of de minimis for China, Lenny Feldman of Sandler Travis said in an interview.
Several FDA-regulated products previously exempt from partner government agency filing requirements when falling under the $800 de minimis threshold must now be reported to the FDA, “effective immediately,” CBP said in a cargo systems message issued July 9.
CBP published more details of how it will collect duties or fees on imported packages worth less than $800 with Chinese goods in the public inspection pages of the Federal Register on April 24.
CBP reminded brokers and importers that, starting May 2, goods from China that were previously eligible for the de minimis exemption must now use a Type 11 or Type 01 entry, in an April 18 cargo systems message (see 2504020072).
CBP has postponed indefinitely an enhancement for removing and restoring filers' ability to file Type 86 entries, according to the latest ACE Notional Development and Deployment Schedule. The date of this enhancement is now "TBD," according to the report, released on April 10 in a CSMS message.
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Most business interests argued that removing goods subject to Section 301 tariffs is not administrable, would damage the economy, and, if not abandoned, needs a long lead time to prepare for, in comments to CBP.
Associations' views diverged widely on the wisdom of codifying a modified Type 86 process and tweaking the clear-from-the-manifest process for de minimis entries. Groups also disagreed on CBP's proposals for what new data should be submitted. The agency received 95 comments on its proposal, though dozens were from individuals and didn't make substantive suggestions. Some associations and companies addressed both this proposed rule and the one that would carve out sections 301 and 232 goods from de minimis. The comment period for that rule closes March 24.
CBP has added a target deployment of September 2025 for when the agency expects to implement Stage 3 of an enhancement aimed at withholding in ACE the release of de minimis shipments that exceed the $800 per person/per day threshold.
CBP has postponed indefinitely an enhancement within ACE that would withhold the release of de minimis shipments that exceed the $800 per person/per day threshold, according to the February development and deployment schedule released last week.