Section 321 Entry

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Section 321 Customs Clearance

Section 321 Entry
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What is Section 321 Entry?

Welcome to our web page on US Customs section 321 entry! Here, we will provide you with all the necessary information you need to know about Section 321 Entry, what it means, and how it works.

Section 321 Entry, also known as de minimus shipment or Section 321 shipment, refers to a section of the US Customs and Border Protection (CBP) regulations that allows for the duty-free entry of certain low-value shipments into the United States. This section applies to imports of goods that have a value of $800 or less, and are being sent to an individual recipient, or a household. This means that if you are importing goods with a value of $800 or less for personal use, you can take advantage of Section 321 Entry, and not pay any duty or tax on your import.

How Section 321Entry Works

Section 321 Entry is designed to streamline the process of importing low-value shipments, and make it easier for individuals to receive goods from overseas. Under this section, eligible goods can be imported without having to go through the formal entry process, which involves filing a Customs declaration, paying duty and taxes, and clearing customs. Instead, Section 321 Entry allows for a simplified clearance process, which involves providing the necessary information to the CBP electronically, and having the shipment released by CBP automatically.

To qualify for Section 321 Entry, the imported goods must meet the following requirements:

  • The shipment must be valued at $800 or less.
  • The shipment must be intended for personal use, and not for resale.
  • The shipment must not contain any prohibited or restricted items.

If your shipment meets these requirements, you can take advantage of Section 321 Entry, and enjoy duty-free entry of your goods into the United States.

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How to Use Section 321 Entry?

To use Section 321 Entry, you can work with a customs broker or logistics provider who is familiar with the process, or you can submit the necessary information to CBP yourself. The following steps outline the process for using Section 321 Entry:

  1. Determine if your shipment is eligible for Section 321 Entry by checking its value, intended use, and contents.
  2. Provide the necessary information to CBP electronically, using the Automated Broker Interface (ABI) system, or another approved system. This information includes the description of the goods, their value, the name and address of the recipient, and other details.
  3. Wait for CBP to release your shipment automatically. Once your shipment is released, it will be delivered to your address by the carrier.
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Benefits of Section 321 Entry Section 321 Entry offers several benefits to individuals who are importing low-value shipments. These benefits include:

  • Duty-free entry of goods valued at $800 or less.
  • Streamlined clearance process, which saves time and reduces costs.
  • Easier access to goods from overseas.
  • Increased competition and choice in the marketplace.
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Section 321 entries are beneficial to importers because it does not require Customs bond, it reduces the amount of paperwork and allows faster clearance processing. Section 231 entry is applicable to both personal and commercial imports, except for certain goods, including:

By partnering with our well-versed Logistics provider you can implement the duty-free entry of Section 321 of the U.S. Customs.  We provide our resident and non-resident importers with dedicated ACE eManifest solutions for Section 321 entry of all modes of transportation. 

Section 321 Entry is a valuable option for individuals who are importing low-value shipments into the United States. By taking advantage of this section, you can enjoy duty-free entry of your goods, a streamlined clearance process, and easier access to goods from overseas. If you are considering importing goods for personal use, make sure to check if your shipment is eligible for Section 321 Entry, and take advantage of this option if it is.

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ACE Informal Entry Type 86 for Section 321 Entry

CBP is conducting a voluntary test of the Section 321 de minimis entry process through the creation of the new Informal Entry Type “86.” Entry Type 86 allows customs brokers and self-filers to electronically submit de minimis entries through ABI, including those subject to PGA data requirements for clearance. Creation of the entry type 86 allows for customs brokers and self-filers to electronically submit entries with a limited data set that is exempt from duty, taxes and fees. The purpose of this test is to provide greater visibility into the de minimis universe for both CBP and PGAs while ensuring regulatory requirements are met. Test is open to all customs brokers and self-filers.

What is the difference between the current processing of de minimis shipments and entry Type 86?

Currently, shipments qualifying for de minimis treatment are subject to the release from manifest process, which cannot be used for PGA regulated commodities. Entry Type 86 will instead allow filing through ABI and can be used for PGA regulated commodities.

Is entry Type 86 filing mandatory?

No, entry Type 86 is a voluntary test. The release from manifest process will continue to be an option for filing entry on de minimis shipments. 

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Will entry Type 86 have an associated entry number?

Yes, entry Type 86 will have an entry number.

Who can file entry Type 86?

An owner, or purchaser of a Section 321 low-valued shipment, or, when appropriately designated, a customs broker appointed by an owner, purchaser, or consignee. Note that consignees may only file by appointing a customs broker to act as the importer of record (IOR) for the shipment.

Will an IOR number be required for entry Type 86?

Providing an IOR number will be conditional for entry Type 86, subject to applicable PGA requirements.

Importer of Record

Customs Law provides that only the “importer of record” has the right to make entry. “Importer of Record” is defined as the owner or purchaser of the goods, or when designated by the owner, purchaser, or consignee, a licensed Customs broker. Non-resident Importer of Record

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Is a power of attorney required for brokers to file entry Type 86?

Yes, customs brokers must be authorized to conduct customs business on behalf of another through a valid power of attorney, and must comply with all other statutory and regulatory requirements applicable to brokers.

Do duties, taxes and fees, apply to entry Type 86?

No. Shipments qualifying for entry Type 86 are not subject to duties, taxes and fees. If the shipment requires fee collection (e.g. agricultural fees), filers must file a Type 01 Consumption or Type 11 Informal entry.

Will there be a bond requirement for entry Type 86?

There is no bond requirement for entry Type 86.

Is filing an entry Type 86 considered Customs Business?

Yes, filing an entry Type 86 is considered Customs business due to classification of the merchandise within a shipment to the 10-digit level of the Harmonized Tariff Schedule if the United States.

Is entry Type 86 applicable to all PGAs?

Entry Type 86 will be applicable to any PGA regulated commodity that requires a PGA message set, including those that have associated disclaims. Entry Type 86 is not available to PGA regulated commodities that require fee collection.

Can entry Type 86 be filed at any commercial port of entry?

Yes.  Brokers filing an entry Type 86 on behalf of others must possess the proper permit.

Are there goods that are not permitted be filed under entry Type 86?

Yes, such as: goods subject to AD/CVD, goods subject to quota, certain tobacco and alcohol products, and goods taxed under the Internal Revenue Code, are not permitted to be filed under entry Type 86.

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How will one shipment, per person, per day, not to exceed $800, be validated?

It is the responsibility of the filer to comply with this statutory limitation under 19 USC 1321. 

Can a shipment be broken up to take advantage of the $800 duty free treatment?

No. Pursuant to 19 C.F.R. § 10.151, if a port director has reason to believe that a “shipment is one of several lots covered by a single order or contract and that it was sent separately for the express purpose of securing free entry,” he must not accord duty free treatment to the shipment.

Can multiple shipments be consolidated into one entry Type 86?

No, multiple shipments cannot be consolidated into one entry Type 86. Only a simple one master house or bill can be provided on an entry Type 86.

Will an entry subject to 301 duties be allowed for entry Type 86?

Yes, barring subsequent notice to the contrary, an entry that is subject to 301 that meets de minimis requirements may currently be filed as a Type 86.

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Will an entry subject to 201 be allowed for entry Type 86?

Yes, an entry that is subject to 201 will be able to be filed as an entry Type 86.

Will an entry subject to 232 be allowed for entry Type 86?

Yes, an entry that is subject to 232 that meets de minimis requirements will be able to be filed as an entry Type 86. Note that merchandise subject to a quota does not qualify for the de minimis exemption, nor is it eligible for informal entry procedures.

Can an entry Type 86 be corrected?

Yes, an entry Type 86 can be corrected prior to release.

Can a Post Summary Correction (PSC) be filed for an entry Type 86?

No, a PSC cannot be filed for an entry Type 86.

Can an entry Type 86 be canceled?

Yes, an entry Type 86 can be canceled.

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Section 321 Entry

Section 321 Entry

Section 321 entry allows importing free of duty and tax for shipments imported by one person on one day having a fair retail value in the country of shipment not more than $800. We provide our resident and non-resident clients with dedicated ACE eManifest solutions for Section 321 entry of all modes of transportation. 

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