The Treasury Department published its spring 2024 regulatory agenda for CBP. The agenda continues to list a proposed rule to amend CBP’s regulations on the entry of “certain low-value shipments not exceeding $800 that are eligible for an administrative exemption from duty and tax.”
321 de minimis
De minimis is a policy described in Section 321, 19 USC 1321. It allows the import of 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 increased it to $800.
A "back to basics" webinar on de minimis presented by CBP, which was watched by more than 1,900 in the trade community, didn't elaborate on the suspensions of customs brokers from Type 86, though CBP official Felicia Pullam said the agency has heard "a lot of concern in the trade community about this enforcement."
There are a number of tools that the U.S. government has yet to fully utilize if it truly wants to tackle China's use of forced labor to manufacture goods, according to panelists speaking June 13 at a Hudson Institute event, “Tackling the Uyghur Forced Labor Challenge.”
CBP unveiled a fact sheet on June 12 describing its activities and milestones that the agency reached in FY 2023. It said the U.S. processed over 1 billion de minimis shipments worth over $50 billion through postal, express, and non-express facilities. Within the de minimis program, CBP facilitated over 785 million transactions in Section 321 Data Pilot and Entry Type 86 Test, the fact sheet said.
False consignee addresses and vague descriptions of products are beginning to be flagged by CBP, as the agency tries to wrap its arms around the flood de minimis packages -- and CBP's insistence on better labeling is spreading to other modes of entry as well, Flexport customs experts said.
Seko Customs Brokerage, which had added staffing to handle Type 86 filings before it was suspended from the Type 86 program beginning May 27 (see 2405310031), filed a complaint on June 3 asking the Court of International Trade to force CBP to reinstate it through an injunction.
CBP's Acting Commissioner Troy Miller said the agency "has suspended multiple customs brokers from participating in the Entry Type 86 Test after determining that their entries posed an unacceptable compliance risk," and that it will continue to take action against those who "abdicate their customs compliance responsibilities." The statement also said: “Any broker that has been suspended will be considered for reinstatement if it demonstrates to CBP that it has developed and implemented a remedial action plan."
Shein, an apparel e-commerce platform that has been in the crosshairs of the House Select Committee on China (see 2305030077) U.S.-China Economic and Security Review Commission (see 2304140034), is ramping up its staffing for compliance, according to a memo sent to International Trade Today by a person close to Shein.
The subcommittee that covers intellectual property issues under the House Judiciary Committee questioned how Congress should address the escalating volume of de minimis packages -- and the opportunities those shipments provide for sending counterfeits and goods made with forced labor, but the CBP witness responsible for de minimis and IP declined to back any of the ideas that were bandied about.
FORT LAUDERDALE -- While CBP's Entry Type 86 pilot has allowed customs brokers to handle low value shipments, the agency also is seeing filers "abusing" the test by filing unverified data and pricing out other brokers who can't compete with the low fees the bad actors are charging, said CBP acting Commissioner Troy Miller in remarks at the National Customs Brokers & Forwarders Association of America annual conference April 17.