CBP said it’s aware of the current technical restriction in the Automated Commercial Environment (ACE) that limits the number of Section 321 shipments that can be manifested to 5,000 or less per truck. A correction to this problem is expected to be in place by April 1.
The agency said it “will not pursue any penalty action against these carriers who are unable to file a manifest due to CBP system limitations. However, enforcement action may be pursued for truck carriers with 5,000 or less shipments if the manifest was not submitted electronically.”
The penalty for a first offense will be $5,000 and $10,000 for each subsequent violation.
Section 321, which is part of the 2016 Trade Facilitation and Trade Enforcement Act (TFTEA), raised the de minimis level for individual shipments from $200 to $800, contributing to a significant increase in small and low-value import shipments entering the United States.
Automating Section 321 de minimis entries in ACE has been a top priority for CBP since TFTEA’s enactment. The agency has said the lack of an electronic manifest hinders its ability to efficiently conduct risk assessments or perform advance targeting in the Automated Targeting System.