CBP Attempts to Improve the Entry Type 86 Test with Proposed Modification

Jan. 12, 2024
By: Hannah B. Kreinik

CBP published a notice in the Federal Register of a new modification to Entries Type 86 planned to begin February 15^th. This change will be made to amend enforcement concerns of the Type 86 test for low value shipments. Type 86 entries will now be required to have all documentation filed “upon or prior to arrival,” compared to the previous requirement of filing the necessary information 15 days prior to arrival.

The Type 86 entry test was originally proposed back in 2019 to promote efficiency for entering certain low value shipments. The test was initiated under 19 U.S.C. Section 1321(a)(2)(C), nicknamed ‘Section 321 entries,’ for merchandise entered on one day, by one person, valued under $800. The $800 limit allowed the merchandise covered to be entered via informal entry under 19 U.S.C. Section 1498. The Type 86 entry test process could also be conducted online through the Automated Commercial Environment (“ACE”).

Although the Type 86 entry test was created for CBP to be more productive in the entry of merchandise, the test’s requirement for documentation to be filed “15 days prior to arrival” has not come to fruition. CBP’s proposed modification, that documentation be filed “upon or prior to arrival,” is an attempt to redeem the intended result of the initial Type 86 entry test. In addition, the notice also includes consequences for misconduct of the test’s participants. The misconduct section explains that participants may face civil and criminal penalties as well as liquidated damages and administrative sanctions for violation of test rules, reasonable care requirements, or evading regulations not waived under the test.

Please reach out to Barnes, Richardson & Colburn attorney if you have entry questions.