CBP Says Frequent Filers of Erroneous de Minimis Claims Will Be Notified, Sanctioned
CBP is still working out of some details around the recent policy shift for Section 321 shipments (see 2008040044), an agency official said during an Aug. 20 call with trade professionals. CBP said that it is finding a significant number -- though not a majority -- of the millions of packages that enter the U.S. under de minimis in a month do not qualify for that category. Jim Swanson, CBP director-cargo and conveyance security and controls, said the agency is crunching data to see which shippers have been violating de minimis guidelines most frequently.
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Because it's not feasible for CBP systems to give brokers an error message when a party has exceeded the $800 per day limit across multiple shipments, CBP is going to have to ask for voluntary compliance. “The only real option we have is to deny the use of [Section] 321 to those consistently requesting 321 clearance for shipments that are ineligible for 321, until we deem their systems are in compliance,” he said. In a week or so, CBP will tell brokers if they have a client that's at the top of the list in frequency of filing for de minimis when they shouldn't. Because the brokers sent in the data originally, it won't cross lines that CBP has on sharing data.
Most de minimis packages are sent directly to individuals, not to warehouses or companies, CBP said, and this enforcement action is not aimed at individuals, unless CBP determines they are operating a business under their personal name.
Traders asked how returns will be handled, and CBP is still trying to work that out. They are hoping to do a “consolidated U.S. goods returned” informal entry for distribution centers that will be receiving the returns.