Section 321 Data Pilot

Expedite Customs Clearance for eCommerce Shipments

Section 321 Data Pilot Participants

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

Carrier
In order to participate in Section 321 Data Pilot, carrier needs to be approved by CBP and Customs City will send a request on your behalf
Freight Forwarder
In order to participate in Section 321 Data Pilot, freight forwarder needs to be approved by CBP and Customs City will send a request on your behalf
Online Retailers
In order to participate in Section 321 Data Pilot, online retailer needs to be approved by CBP and Customs City will send a request on your behalf
Buyer
In order to participate in Section 321 Data Pilot, buyer needs to be approved by CBP and Customs City will send a request on your behalf
Customs Brokers
In order to participate in Section 321 Data Pilot, customs broker needs to be approved by CBP and Customs City will send a request on your behalf
Seller
In order to participate in Section 321 Data Pilot, seller needs to be approved by CBP and Customs City will send a request on your behalf

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.

eCommerce shipments are exploding in the US with the proliferation of online shopping

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.

2B+
2 Billion Digital Buyers in 2019
3.45T+
Value of global retail e-commence sales reached $3.45T in 2019
23.3+
In 2018 retail eCommence sales grew 23.3% over the previous year

SECTION 321 DATA PILOT FAQ

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.

Section 321 Data Pilot Monthly Price Plans

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

  • Select your plan

  • Number of included transactions

    Number of included transactions

  • Average price per transactionAverage price per transaction
  • Counts as transactionsCounts as transactions
  • CBP Responses included at no chargeCBP Responses included at no charge
  • 24/7 Support24/7 Support
  • On-Boarding AssistanceOn-Boarding Assistance
  • Monitoring Dashboard & Email AlertsMonitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no chargeChanges & Cancellations included at no charge
  • Free Plan

  • $0

    per month

  • Number of included transactions

    10
  • Average price per transaction0 cents
  • Counts as transactionsSection 321 Data Pilot
  • CBP Responses included at no charge
  • 24/7 Support
  • On-Boarding Assistance
  • Monitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no charge
  • Grow

  • $49

    per month

  • Number of included transactions

    200
  • Average price per transaction25 cents
  • Counts as transactionsSection 321 Data Pilot
  • CBP Responses included at no charge
  • 24/7 Support
  • On-Boarding Assistance
  • Monitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no charge
  • Express

  • $99

    per month

  • Number of included transactions

    650
  • Average price per transaction15 cents
  • Counts as transactionsSection 321 Data Pilot
  • CBP Responses included at no charge
  • 24/7 Support
  • On-Boarding Assistance
  • Monitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no charge
  • Scale

  • $299

    per month

  • Number of included transactions

    3000
  • Average price per transaction10 cents
  • Counts as transactionsSection 321 Data Pilot
  • CBP Responses included at no charge
  • 24/7 Support
  • On-Boarding Assistance
  • Monitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no charge
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  • Select your plan

  • Number of included transactionsNumber of included transactions
  • Average price per transactionAverage price per transaction
  • Counts as transactionsCounts as transactions
  • CBP Responses included at no chargeCBP Responses included at no charge
  • 24/7 Support24/7 Support
  • On-Boarding AssistanceOn-Boarding Assistance
  • Monitoring Dashboard & Email AlertsMonitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no chargeChanges & Cancellations included at no charge
  • Consolidator

  • $499

    per month

  • Number of included transactions10,000
  • Average price per transaction5 cents
  • Counts as transactionsSection 321 Data Pilot
  • CBP Responses included at no charge
  • 24/7 Support
  • On-Boarding Assistance
  • Monitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no charge
  • Business

  • $999

    per month

  • Number of included transactions25,000
  • Average price per transaction4 cents
  • Counts as transactionsSection 321 Data Pilot
  • CBP Responses included at no charge
  • 24/7 Support
  • On-Boarding Assistance
  • Monitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no charge
  • Enterprise

  • $1499

    per month

  • Number of included transactions50,000
  • Average price per transaction3 cents
  • Counts as transactionsSection 321 Data Pilot
  • CBP Responses included at no charge
  • 24/7 Support
  • On-Boarding Assistance
  • Monitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no charge
  • eCommerce

  • $1999

    per month

  • Number of included transactions100,000
  • Average price per transaction2 cents
  • Counts as transactionsSection 321 Data Pilot
  • CBP Responses included at no charge
  • 24/7 Support
  • On-Boarding Assistance
  • Monitoring Dashboard & Email Alerts
  • Changes & Cancellations included at no charge
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