Per CSMS #16-000181:
Starting today, March 10, 2016, shipments valued at $800 or less will be eligible for release under the same processes and with the same restrictions as currently apply for de minimis shipments of $200 or less.
CBP has the right to require a formal entry on any shipment where additional information, bonding or protection is required. In the case of low value shipments, it is important to note that this treatment can be denied if used for the purpose of avoiding compliance with any pertinent law or regulation. That is especially important where revenue, import safety or serious trade enforcement issues are present.
US Customs is providing the trade with 3 opportunities to get up to speed on the ACE filing process for APHIS Lacey or NHTS (DOT) entry filings. Take advantage before the March 31 deadline.
Curious about ACE adoption rates? US Customs publishes a monthly report that you can access here. Meanwhile, here’s CBP’s quick overview of the tally of Cargo Release and Entry Summary submissions through February 27. The numbers continue to climb, and will ramp up even higher when more PGAs are brought online in ACE.
ACE allows brokers and self-filers to easily correct entries via the Post Summary Correction (PSC) process (a vast improvement over the paper PEA process).
Before entries were being filed through ACE, the trade would file qualifying de minimis corrections via quarterly reports directly with various ports. Now, however, these corrections may be filed with a PSC via ACE.
Some in the trade are uncertain as to whether they should file a de minimis correction for both shortages and overages. CustomsNow™ recommends that that all the de minimis rule be followed for both. This opinion is based on the following excerpts from the ACE Entry Summary Business Rules and Process document (emphasis added):
- 16.1.1 PSC replaces post-entry amendments (PEAs) for all ACE entry summaries, with the exceptions noted below. PSC is a means for the importer to make electronic corrections via ABI on entry summary data presented to and accepted by CBP. Each PSC will be a full replacement of the entry summary data, and CBP will consider the PSC to be the importer’s “assertion” that the most recent entry summary data is correct.
- 16.2.14 CBP generally does not process refunds or bills under $20. However, the importer may request a refund for less than $20 via PSC functionality using the accelerated liquidation request indicator.
- When the PSC is received, CBP will perform a review, if required, and CBP will liquidate the entry using the two-week liquidation cycle
CustomsNow™ interprets this to mean that you should always make a correction, if eligible, no matter what the issue (overage, shortage, etc.) and that, if it falls under the de minimis amount of $20, you should not expect a bill or refund unless you specifically ask for it using the accelerated liquidation process.
However, check with your legal counsel to be certain that this is appropriate for your situation.
Per CSMS #16-000144, US Customs has posted Draft Version 2.0 of the ACE Cargo Release Business Process Document.
One of the many benefits of the migration to ACE is that CBP has created process documents to assist the trade in understanding the processes to be used in ACE. Specifically, there is now a process document for both Cargo Release and Entry (Entry Summary.) Previously, the trade had to rely on the CATAIR for tips on when and how to send an ABI transmission to CBP. These business process documents are a valuable tool and clearly explain when it is appropriate to send a certain type of transmission from another (e.g. Cargo Release ‘Update’ versus ‘Replace’).