Participation in the pilot will help CBP expedite the clearance of eCommerce shipments by creating a future “green lane” for companies submitting the additional data. Having a voice early in the process is important for the facilitation of eCommerce companies. The following entities may participate in the Section 321 Data Pilot
The Section 321 data pilot is like a “known shipper” program similar to the Nexus and Global Entry program which is used to facilitate passenger travelers. By sending additional shipment details, CBP can focus their efforts on other carriers who do not submit these additional details. If you consider a highway carrier moving large volumes of section 321 shipments might be stopped at the border each day for 2 hours so CBP can conduct random inspections of the cargo. Taking the effort to collect and submit this additional data can reap large rewards in time and cost savings. A carrier sitting idle at the border each day for inspections adds up thousands of dollars spent waiting for CBP to conduct inspections.
CBP needs additional data to facilitate the clearance of eCommerce shipments including
Every day almost 2 million ecommerce shipments arrive in the US which has put a strain on CBP being able to continue to enforce its regulations while continuing to maintain the clearance speeds that importers have grown accustomed to.
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:
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:
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:
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.
Pricing is per transaction sent to CBP on a monthly basis. Responses received by CBP and sending updates or deletes to CBP are not charged. Section 321 Data Pilot counts as a transaction
Number of included transactions
Number of included transactions
No Set-up Fee
Number of included transactions
10Number of included transactions
200Number of included transactions
650Number of included transactions
3000No Set-up Fee
We believe that by adopting modern technologies and combining with the knowledge of Customs & Trade we can deliver the optimal solutions for our customers. Customs City will make your eCommerce customs compliance process seamless and cost effective.
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