Background

U.S. Customs and Border Protection has issued a proposed rule that would amend its regulations regarding low-value imports as indicated below. Comments on this proposal are due no later than Dec. 7.

- requiring informal entries of goods valued at $2,500 or less to be filed electronically as an entry type 11 filing prior to or upon the date of importation (CBP Form 7501)

- requiring a consignee intending to enter goods valued at $2,500 or less who is not an owner or purchaser (such as a foreign postal operator, the U.S. Postal Service, a freight forwarder, or a carrier) to appoint a licensed customs broker who will act as the importer of record for the entry of such goods

- establishing a new entry type 13 (informal mail entry) for goods valued at $2,500 or less that are sent to the U.S. via mail and would be eligible for entry type 11 if shipped by any other means and requiring such entries to be made electronically

- requiring an additional data element – identity and address of shipper/sender – for entry type 13 filings

- requiring the tracking number (a unique number generated by the foreign postal operator assigned to each international mail shipment) to be provided by the party filing the inward manifest (generally carriers) for the mail article laden aboard an arriving conveyance

- providing that low-value mail articles will be deemed voluntarily abandoned if no entry is filed within 15 days of importation and subsequently processed in accordance with USPS requirements and procedures, which may entail destruction or return of the shipment to the sender

- requiring all entry type 11 and entry type 13 filers to obtain a basic importation and entry bond (a single transaction bond or a continuous bond)

- providing that defaulting on a bond required for informal entries (including mail) will result in a claim for liquidated damages in an amount equal to the value of the merchandise or $1,000, whichever is greater

- lifting the prohibition on goods classified under Subchapters III and IV of Chapter 99, HTSUS, valued over $250 but not more than $2,500, from using informal entry procedures, thus allowing such imports to avoid formal entry if subject to measures such as additional tariffs

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