Industry News

Customs Proposes Change to De Minimis Shipments

Jan. 13, 2025
By: Ashley J. Bodden


Customs and Border Protection announced a proposed rule change that would amend entry regulations for certain low-value (or “de minimis”) shipments. Customs proposes the creation of a new process for de minimis shipments, which will address vulnerabilities and prevent bad actors from exploiting the growing segment of international trade. Comments on the proposed rule should be filed by March 17, 2025.

Customs states that on average it processes over 4 million de minimis shipments into the U.S. per day, and current regulations only require importers to provide minimal information to Customs for the shipments. According to Customs, the massive volume and lack of information has inhibited its ability to identify and interdict high risk shipments that may contain illegal drugs such as fentanyl, merchandise that poses a risk to public safety, counterfeit or pirated goods, or other contraband.

The proposed rule would combine useful data elements tested in Section 321 Data Pilot and

the electronic entry process tested in the Entry Type 86 to create an “enhanced entry process.” The enhanced entry process would require the submission of advanced data, within specified time frames, about the contents, origin, and destination of the shipments. The data Customs would require for all shipments include:

  • Clearance tracing identification number
  • Country of shipment
  • 10-digit HTS code (waivers are available for filers with demonstrated capabilities and histories of segmenting out goods subject to PGA requirements)
  • Either the marketplace' product listing URL, a product picture, a SKU or product code, and/or a foreign security scanning report, such as a shipment x-ray
  • Seller name and address
  • Purchaser name and address
  • PGA data, if warranted
  • Marketplace name and website

The enhanced entry process would require all data be transmitted to Customs in advance of arrival. Customs has proposed adopting the same time frames as currently applicable for filing advance electronic data (AED) under section 343 of the Trade Act of 2002. Information and documentation must be submitted through CBP-authorized EDI system on or before deadline for receipt of advance cargo information. Mail shipments using the enhanced entry process are subject to a separate filing deadline, which can be found in § 145.31.

Customs also proposes allowing entry under the enhanced process to be made using reasonable

care, by the owner or purchaser of the shipment, an express consignment operator or carrier in

possession of the shipment, or when appropriately designated by the owner, purchaser, or consignee of the shipment, a customs broker. In addition, Customs proposes to amend § 10.151 to require that the “one person” eligible for the administrative exemption is the owner or purchaser of the merchandise imported on one day.

For more information on this proposal and how it may affect your business, or for assistance in drafting comments to Customs, please contact any attorney at Barnes Richardson and Colburn.