CBP Issues Notice of Proposed Rulemaking for Low-Value Shipments

1) CBP Issues Notice of Proposed Rulemaking for Low-Value Shipments

U.S. Customs and Border Protection (CBP) has published two Notices of Proposed Rulemaking (NPRM). The first was published on Monday, January 13, 2025, and the second was published Friday, January 16, 2025. 

In the first published NPRM, CBP noted they aimed to replace Type 86 entries with an enhanced entry process for de minimis shipments, while still allowing a basic entry process for clearing goods off the manifest. The NPRM introduced the enforcement that importers exceeding $800 in value across multiple packages in a single day would lose duty-free eligibility for all packages. It also confirmed that the one person eligible for the exemption is the owner or purchaser of the goods.

The proposed rule introduced two entry processes, the Basic Entry Process, and the Enhanced Entry Process. 

The Basic Entry Process is limited to bona-fide gifts and other low-value shipments not subject to additional federal regulations.

Enhanced Entry Process is required for shipments regulated by other agencies. 

Shipments owing duties, fees, or taxes, or those using mail, must use the enhanced process.

Basic Entry Process:

Filing Options: Data can be submitted electronically or on paper.

Additional Data Requirements:

• Name and address of the party claiming the exemption; and
• Name and address of the final delivery recipient (if different).

Enhanced Entry Process:

Electronic Filing: All data must be submitted electronically via CBP's EDI system before the shipment's arrival. Deadlines depend on transportation mode (e.g., 24 hours before vessel loading or 30 minutes for truck cargo).

Additional Data Requirements:

• BOL or AWB
• Country of export
• 10 digit HTS
• At least one of the below:
• URL for product listing of the merchandise
• Product picture
• Product identifier (part number, SKU or product code)
• Shipment x-ray or other security scanning report number
• Seller name and address
• Purchaser name and address
• PGA reporting
• Advertised retail product description
• Marketplace name and website or phone number

This rulemaking also proposed to create an HTSUS waiver that would allow certain approved entities to use the enhanced entry process without providing an HTSUS number in certain cases. This waiver is intended for filers with demonstrated capabilities and histories of segmenting out goods subject to PGA requirements. The waiver lifts the data requirement for the 10-digit Harmonized Tariff Schedule of the United States (HTSUS) classification as part of the enhanced entry for qualifying low-value goods that are not subject to PGA requirements.

Parties may obtain a waiver by demonstrating, at a minimum, the following: i. The ability to properly classify merchandise to the 10-digit HTSUS classification; ii. The ability to properly determine whether merchandise is subject to the requirements of other government agencies and the ability to properly segregate such shipments; and iii. The ability to properly determine whether merchandise is otherwise precluded by law from eligibility for the administrative exemption under 19 U.S.C. 1321(a)(2)(C) and the ability to properly segregate such shipments.

In the second NPRM CBP confirmed it proposes to amend regulations pertaining to de minimis shipments by making merchandise subject to specific trade or national security actions ineligible for de minimis entries. This would include any item subject to Section 301, Section 201, or Section 232. In addition, any entry subject to these tariffs will require a 10-digit HTS even when entered using the basic entry process. 

CSMS # 63728996 advises the trade community that de minimis shipments do not require the Lacey Act Declaration.

Entries subject to absolute or tariff-rate quotas, as well as entries subject to antidumping and countervailing duties continue to be ineligible under de minimis status.

Members of the public will have until March 17, 2025, to comment on the first proposed rule and 60 days after the date that the second NPRM will be in the Federal Register (most likely March 21, 2025). Individuals wishing to comment on the proposed rules may access the Federal e-Rulemaking Portal at www.regulations.gov and follow the instructions for submitting comments. Submissions must include the agency name and docket number.

First published NPRM: Federal Register :: Entry of Low-Value Shipments

Second draft publication NPRM: 2025-01074.pdf