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Details of CBP Proposed Rule for $2500 Informal Entry Limit & Extending it to Textiles, Etc.

U.S. Customs and Border Protection has issued a proposed rule to increase the informal entry limit from $2,000 to its maximum statutory limit of $2,500 due to inflation. CBP also proposes to eliminate the formal entry requirement for certain textile and other articles valued over $250, as there are no longer absolute quotas and/or visa requirements for such goods. As a result, these textiles and other articles would also have a informal entry limit of $2500. Comments are due by December 27, 2011.

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CBP Says Increasing Limit by $500 Would Save Trade Approx $11M in MPFs

By increasing the informal entry limit by $500, CBP believes the overall administrative burden on a number of importers and other entry filers would be reduced by expanding the availability of the simplified informal entry procedures. CBP has also determined that increasing the informal entry limit to $2,500 would save the trade community approximately $11 million in merchandise processing fees (MPFs).

Higher Informal Entry Limit Would also Apply to Certain Textiles, Other Products

CBP proposes to amend 19 CFR 141, 143, and 148 to eliminate the language stating that formal entry is required for articles valued in excess of $250 that are classified in Sections VII, VIII, XI, XII; Chapter 94 of the Harmonized Tariff Schedule1. CBP also proposes to remove paragraph (a) of 19 CFR 102.24 due to the elimination of visa programs for textile and apparel imports. As a result, these products would be subject to the higher proposed informal entry limit of $2500.

Other Editorial and Nomenclature Changes Proposed

In addition, CBP’s proposed rule would amend the regulations by replacing $2,000 with $2,500 for informal entries, where it appears in 19 CFR parts 143, 10, 24, 123, 128, 141, 145, and 148. The rule would also amend 19 CFR 143.21 to remove the citation for 19 CFR 141.51 and replacing it with 141.52.

The proposed rule would also make non-substantive amendments to reflect nomenclature changes effected by the transfer of CBP to the Department of Homeland Security and other minor grammatical and editorial edits.

1Note that in 2009, CBP issued a memorandum changing several entry requirements for imported textile and apparel products. However, formal entry continued to be required, pursuant to 19 CFR 143.21(a), for shipments of articles valued in excess of $250 classified in HTS Sections VII, VIII, XI, and XII; Chapter 94; and Chapter 99, subchapters III and IV, which include tariff numbers (1) 3901.10.1000 through 4303.00.0000; (2) 5001.00.0000 through 6704.90.0000; (3) 9401.10.4000 through 9406.00.8090; and (4) 9903.02.21 through 9904.52.50.

This proposed rule would remove the formal entry only for shipments of articles valued in excess of $250 in HTS Sections VII, VIII, XI, and XII, and Chapter 94. Therefore, formal entry would still be required for such shipments of articles in HTS Chapter 99, subchapters II and IV. (See ITT's Online Archives 09061610 for summary.)

(See ITT's Online Archives 11102730 for initial summary announcing this proposed rule.

See ITT's Online Archives 11100410 for summary of the CBP workgroup's proposal for simplified entry, entry summary, and financial processes.)

CBP contact - Cynthia Whittenburg (202) 863-6512

(FR Pub 10/28/11, D/N USCBP-2011-0042)