Section 321 customs clearance provides for an exemption from duty and taxes for shipments of merchandise imported by one person on one day having an aggregate fair retail value in the country of shipment of not more than $800.

2.0 million mail & express shipments enter the U.S. each day. FY2019 volumes exceeded 600 million shipments.  Section 321 Customs Clearance plays a large role in CBP’s trade facilitation roadmap.

The global eCommerce market is valued at over 3.65 trillion dollars.  80% of Americans shop on one or more eCommerce platforms. Section 321 Imports play a large role in our daily shopping patterns today.

90% of all IPR (Intellectual Property Rights) violations happen for Section 321 Imports.

Truck, Air, Ocean & Rail modes of transport all support Section 321 Entry.  321 Sec can apply for release on the manifest or Section 321 Entry can apply when using Type 86 for clearance using the cargo release message in ABI. 

Releasing on the manifest using Section 321 Customs must include the following data elements in addition to the regular manifest data elements:

• Country of Origin
• Monetary Value

There is no requirement to enter the HTS code when clearing the manifest under Section 321 entry requirements.

Section 321 Entry Requirements for releasing cargo on the manifest must abide by the Trade Act and have the eManifest data submitted no later than the following timeframes:

• Truck- at least one hour before the arrival of the truck
• Air- at least 4 hours before the arrival of the flight
• Ocean- 24 hours before the cargo is loaded onto the vessel at the origin port
• Rail- 2 hours before the arrival of the train

Type 86 is the Section 321 Customs Entry.  This Section 321 Customs Entry must include the HTS code at the 10-digit level, monetary amount and country of origin.

Under Section 321 Data Pilot (321 Sec), participants agree to electronically transmit certain data before arrival for shipments potentially eligible for release under Section 321 of the Tariff Act of 1930.

Through the Section 321 Data Pilot, advance information on shipments for trade facilitation and risk management purposes, as well as add optional data elements that may be submitted by any participant.

Both Section 321 Data Pilot and Type 86 Entry Filing are both pilots CBP is conducting. 

Type 86 is an entry filing for Section 321 customs clearance.  Type 86 must be submitted by a customs broker.  Type 86 must also link to a bill in the ACE eManifest system.

Section 321 Data Pilot is a set of additional data that may be submitted by any party who has access to this additional data.  The submission of Sec 321 Data Pilot data will potentially reduce inspections at the port of arrival.

Eventually, Type 86 will incorporate some of the data elements from the Section 321 Data Pilot.

No, HTS code information falls under the voluntary category of information to be provided with the Section 321 Data Pilot.

No, Section 321 Data Pilot is a voluntary declaration of additional information to supplement the ACE eManifest filing or to supplement the Type 86 filing.

• All participants, regardless of filer type, must electronically transmit the following elements:

  • Originator Code of the Participant (assigned by CBP)
  • Participant Filer Type ( g., carrier, online marketplace)
  • One or more of the following:
    • Shipment Tracking Number
    • House Bill Number
    • Master Bill Number
  • Mode of Transportation ( g., air, truck, ocean, or rail).
  • Participating carriers. In addition to the data elements listed above in paragraph 1, participating carriers must also electronically transmit the following data elements:
  • Shipment Initiator Name and Address ( g., the entity that causes the movement of a shipment, which may be a seller, shipper, or manufacturer, but not a foreign consolidator)
    • Final Deliver to Party Name and Address ( g., the final entity to receive the shipment once it arrives in the United States, which may be a final purchaser or a warehouse, but not a domestic deconsolidator)
    • Enhanced Product Description ( g., a description of a product shipped to the United States more detailed than the description on the manifest, which should, if applicable, reflect the advertised retail description of the product as listed on an online marketplace)
    • Shipment Security Scan ( g., verification that a foreign security scan for the shipment has been completed, such as an x-ray image or other security screening report)
    • Known Carrier Customer Flag ( g., an indicator that identifies a shipper as a repeat customer that has consistently paid all required fees and does not have any known trade violations).
  • Participating Online Marketplaces. In addition to the data elements listed above in paragraph 1, participating online marketplaces must electronically submit the following data elements:
    • Seller Name and Address ( g., an international or domestic company that sells products on marketplaces and other websites), and, if applicable, Shipment Initiator Name and Address
  • Final Deliver to Party Name and Address
    • Known Marketplace Seller Flag ( g., an indicator provided by a marketplace that identifies a seller as an entity vetted by the marketplace and has no known trade violations)
    • Marketplace Seller Account Number/Seller ID ( g., the unique identifier a marketplace assigns to sellers)
    • Buyer Name and Address, if applicable ( g., the purchaser of a good from an online marketplace. This entity is not always the same as the final deliver to party.)
    • Product Picture ( g., picture of the product presented on an online marketplace), Link to Product Listing ( e.g., an active and direct link to the listing of a specific product on an online marketplace), or Enhanced Product Description (as defined in paragraph 2)
    • Listed Price on Marketplace ( g., the retail price of a product that a seller lists while advertising on an online marketplace. For auction marketplaces, this price is the price of final sale.).

   

  • Optional Data Elements. In addition to the data elements listed above, participants, regardless of filer type, may electronically submit the following data elements:
  • Harmonized Tariff Schedule of the United States (10-digit HTSUS)
  • Retail Price in Export Country
  • Shipper Name
  • Shipper Address
  • Shipper Phone Number
  • Shipper Email Address
    • Consignee Name ( g., the final deliver to party)
  • Consignee Address
  • Consignee Phone Number
  • Consignee Email Address
  • Buyer Name
  • Buyer Address
  • Buyer Phone Number
  • Buyer Email Address
  • Buyer Account Number
  • Buyer Confirmation Number
  • Shipment Initiator Phone Number
    • Seller Phone Number
  • Marketplace Name
  • Marketplace website
  • Carrier Name
  • Known Carrier Customer Flag
  • Merchandise/Product Weight
  • Merchandise/Product Quantity
  • Listed Price on Marketplace
    • Manufacturer Identification Number ( g., the MID)
  • Manufacturer Name
  • Manufacturer Address.
  • The optional data elements may be submitted as of the publication of this notice in the Federal Register

A pilot participant may be subject to civil and criminal penalties, administrative sanctions, liquidated damages, or discontinuance from participation in the Section 321 Data Pilot for any of the following:

(1) Failure to follow the rules, terms, and conditions of this pilot;

(2) Failure to exercise due care in the execution of participant obligations; or

(3) Failure to abide by applicable laws and regulations.

If the Director, Intellectual Property Rights and E-Commerce Division, Office of Trade, finds that there is a basis for discontinuance of pilot participation privileges, the pilot participant will be provided with a written notice which may be transmitted electronically proposing the discontinuance with a description of the facts or conduct warranting the action. The pilot participant will be offered the opportunity to appeal the decision in writing within ten (10) business days of receipt of the written notice. The appeal of this determination must be submitted to the Executive Director, Trade Policy and Programs, Office of Trade, by emailing ecommerce@cbp.dhs.gov.

Since it is advance information, it should be filed before the arrival of the cargo at the POE (port of entry).

Anyone with the relevant information required to be transmitted through the Section 321 Data Pilot can file.  Parties can be any including the Carrier, Customs Broker, Online retailer, buyer and seller of the shipment. Possession of an ABI Filer Code is not mandatory for filing of Section 321 Data Pilot.

No, a Customs Broker is not mandatory for filing Section 321 Data Pilot. Parties can be any including the Carrier, Customs Broker, Online retailer, buyer and seller of the shipment.