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U.S. Customs and Border Protection (CBP) has announced that beginning January 1, 2019, all de minimis shipments arriving in the U.S. via commercial trucks will be required to file an advance electronic manifest in accordance to the guidelines specified in the Trade Act of 2002. A de minimis shipment refers to goods valued at US$800 or less imported into the U.S. by one person on one day.

Those shipments were exempt from the electronic manifest filing requirement due to a policy decision made by CBP during the implementation of the Trade Act of 2002.

The rise in eCommerce combined with the increase in the de minimis value, has resulted in a significant growth in shipments being manifested and released under Section 321.

The lack of an electronic manifest eliminates CBP's ability to conduct a risk assessment or perform advance targeting within the Automated Targeting System (ATS), results in slower processing times and longer wait times.

Companies not utilizing the provided portal will need to hire a service provider or have an EDI system in place to submit the information.

Beginning November 26, 2018, CBP will begin a phased approach for non-compliance with conveyances being referred to secondary for processing. Then starting January 1, 2019, carriers which make no attempt to comply with the electronic manifest requirement will be issued a monetary penalty ($5,000 for the first offence and $10,000 for subsequent offences).


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