The U.S. Customs and Border Protection (CBP) has announced significant changes to the Automated Commercial Environment (ACE) declaration process, effective August 17, 2024. These changes involve stricter submission requirements for T86 declarations, which must now be submitted either before or upon the arrival of goods. Failure to meet these requirements could result in the rejection of declarations, detention of goods, and the imposition of penalties.
This policy update underscores CBP’s commitment to enhancing border security and necessitates improved accuracy and timeliness in the declaration process by cross-border sellers, logistics companies, and customs brokers. To ensure smooth entry of goods into the U.S., it is crucial to provide all necessary data to your customs broker at least 24 hours in advance, allowing them to complete the T86 declaration accurately and on time.
(Graphic Source: U.S. Customs and Border Protection)
In parallel, President Joe Biden continues to focus on curbing illegal drug entry, including fentanyl. On August 2, CBP released a proposal list aimed at tightening regulations on low-value imports (T86 shipments) under $800. These recommendations will be developed under the 21st Century Customs Framework (21CCF) and will be adjusted based on Congressional feedback.
While the proposals have been announced, their specific implementation details and timelines remain subject to Congressional review and approval, leaving future execution somewhat uncertain.
CBP is actively refining its regulatory system, drawing on insights from the T86 import clearance pilot to optimize the supervision of low-value goods. Under the 21st Century Customs Framework initiative, CBP is advancing several legislative proposals designed to create a safer and more transparent international trade environment. Key points of CBP’s core proposals include:
1. Enhancing Data Transparency:
• Amend existing laws to allow CBP to collect supply chain data earlier in the process, including requiring declarants to provide 10-digit Harmonized Tariff Schedule (HTS) codes. This requirement may be waived if the declarant can effectively identify the Partner Government Agencies (PGA) requirements for goods, and if the goods do not need to meet PGA requirements.
2. Increased Penalties for Violations:
• Implement a minimum fine of $5,000 for packages valued at $1 or $5, and expand the list of prohibited items under Sections 1595a and 1595b of Title 19 of the U.S. Code, particularly controlled or regulated substances used in the manufacture of prohibited drugs.
3. Expanded Seizure Scope:
• Modify seizure rules for de minimis shipments to include more “counterfeit” or “problem” goods, such as equipment used in the manufacture of prohibited drugs.
4. Fee Assessment:
• Introduce a $2 fee for T86 packages under Section 58 of Title 19 of the U.S. Code, applicable only to goods that do not incur other fees.
5. Update on Voluntary Abandonment of De Minimis Shipments:
• Reduce the time limit for voluntarily abandoning de minimis shipments from 30-60 days to 15 days, aiming to expedite customs processing.
6. Enhanced Information Sharing Mechanisms:
• CBP will share more supply chain information with stakeholders and customs brokers to facilitate self-monitoring and promote collaborative enforcement efforts. Information sharing will be limited to CBP trade interest stakeholders and will adhere to the Trade Secrets Act and CBP Privacy Act regulations.
To navigate these changes effectively, it is advisable to collaborate with reputable customs brokers who can leverage automated declarations to reduce manual errors, improve efficiency, and ensure data compliance. Quality customs brokers will also enhance compliance training, establish risk assessment mechanisms, and regularly update clients on the latest customs policies. In today’s interconnected global trade environment, staying informed about T86 policy changes is crucial for ensuring the smooth entry of goods into the U.S.!
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