Beginning Jan. 1, U.S. Customs and Border Protection will require that all carriers file an advance electronic manifest for Section 321 goods (those with a de minimus value under $800). Carriers that make no attempt to comply with this requirement will be issued a monetary penalty of $5,000 for the first offence and $10,000 for every subsequent offence.

For carriers that are transporting more than 5,000 shipments of Section 321 goods are not able to fill out an emanifest at this time due to technical restrictions in CBP’s Automated Commercial Environment (ACE). Because of this, CBP will not issue a penalty against the carrier. The problem with ACE should be resolved by April 1.

Goods that don’t fall under Section 321 are goods that are subject to anti-dumping or countervailing duty, goods that require inspection before release, quota-class goods, and goods regulated by partner agencies such as the Food and Drug Administration and the U.S. department of agriculture.


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