FDA regulated goods can no longer enter the US under section 321 de minimis - I wasn't wrong | Selling

FDA regulated goods can no longer enter the US under section 321 de minimis - I wasn't wrong

Summary: cottagewoman shared recent changes regarding FDA-regulated goods, indicating that these products are no longer accepted as de minimis items, and detailed the restrictions Stallion Express faces due to these changes. sapphyres-designer-jewellery confirmed reading similar news and expressed concerns about items like collectible spoons, discussing alternatives for shipping them due to new regulations. flipistics warned about potential fines, prompting sapphyres-designer-jewellery to consider stopping US sales. transtraders asked why CD players are prohibited, with john_koenig99 explaining they are deemed radiation-emitting devices. dinomitesales noticed a lack of official statements from shippers, to which cottagewoman replied that enforcement discretion lies with CBP, although some branches like Stallion are already implementing restrictions. tryubik-useonlyasdirected sought clarification on items affected, and john_koenig99 provided a resource link for more details.

I wasn't wrong about FDA products no longer being accepted as de minimis items. Was just at a Stallion Express branch and spoke with the branch manager. They are NOT accepting any FDA regulated items at the moment due to the changes made last week. That includes cosmetics, dinnerware, CD players, etc. They have had trucks turned around due to FDA items being on board. He said CBP has not issued any guidance for the time being on how to send correct FDA data, and it will require changes to their software so it might be a while. FDA items will be able to be shipped without duty (non-Chinese of course) but they require a different entry type which is not section 321, also known as de minimis. They will require to be manifested as type 86 which is a form of section 321 but allows sending many more data fields, such as those required by the FDA.

cottagewoman

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Posted 1 year ago·Last reply 1 year ago

12 comments

tryubik-useonlyasdirected

·1 year ago

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Is there a link to a list of items now not included?

Someone mentioned collectible spoons and while its an odd one i've sold one or two of those over the years... typically antique, but sometimes vintage and therefore falling under the moniker.... a bit concerned atm.

john_koenig99

·1 year ago

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Here it is:

https://community.ebay.ca/t5/Seller-Central/Exclusions-from-de-minimis-any-all-FDA-regulated-items/td-p/524166

dinomitesales

·1 year ago

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So the cross-border shippers haven't been accepting the items for over a week now, but they've put out no statements on the matter? How are they enforcing this?

cottagewoman

OP1 year ago

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My local cross border service (not CCE or Stallion., they prefer to remain anonymous) informed me that even though the rules is now in effect CBP has the discretion to enforce it or not - it seems they aren't for the time being, but they could decide to flip the switch at any moment. I doubt any of the major CBS services want to make more negative announcements regarding the issue as it will put more people off using their services. I'm not sure why my local Stallion branch manager informed me that they weren't accepting these item categories, but he was very clear on the subject.

byto253

·1 year ago

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Thanks for the research, appreciated.

transtraders

·1 year ago

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Why are CD Players prohibited? the laser?

john_koenig99

·1 year ago

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@transtraders wrote:
Why are CD Players prohibited? the laser?

Yup. They are radiation emitting devices. It falls under FDA jurisdiction. Even if the radiation is considered very low (Level I, according to their classification):

Frequently Asked Questions About Lasers | FDA

PS. Just to clarify, they are not prohibited. It's just that now the importer (seller) needs to obtain a FDA approval before the importation of the device is authorized, according to the new regulations.

cottagewoman

OP1 year ago

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Contacted MTL ChitChats branch manager today - they've had no information from corporate regarding this change.

sapphyres-designer-jewellery

·1 year ago

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Deleted - I posted on the wrong thread.

sapphyres-designer-jewellery

·1 year ago

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@cottagewoman wrote:
I wasn't wrong about FDA products no longer being accepted as de minimis items. Was just at a Stallion Express branch and spoke with the branch manager. They are NOT accepting any FDA regulated items at the moment due to the changes made last week. That includes cosmetics, dinnerware, CD players, etc. They have had trucks turned around due to FDA items being on board. He said CBP has not issued any guidance for the time being on how to send correct FDA data, and it will require changes to their software so it might be a while. FDA items will be able to be shipped without duty (non-Chinese of course) but they require a different entry type which is not section 321, also known as de minimis. They will require to be manifested as type 86 which is a form of section 321 but allows sending many more data fields, such as those required by the FDA.

I knew you weren't wrong since I read it elsewhere online, so I was wondering why you closed the thread...

Stallion did not email us to let us know of this, but some things have always been prohibited by Stallion anyway (like food items).

Anyway I don't deal with anything close to these items (except collectible spoons, I changed my item location to Canada so that I can ship with Canada Post if one sells and Stallion won't accept it).

flipistics

·1 year ago

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@sapphyres-designer-jewellery wrote:
Anyway I don't deal with anything close to these items (except collectible spoons, I changed my item location to Canada so that I can ship with Canada Post if one sells and Stallion won't accept it).

C.

You might want to be careful even with that. It sounds like it will require a special service or other paperwork, which I'm guessing might not be available on Tracked Packet. I'm guessing this will also fall under the new regulations that are apparently starting in August where there's potential $5000 fines for sending stuff that used to qualify under the de minimis and no longer does.

sapphyres-designer-jewellery

·1 year ago

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@flipistics wrote:
@sapphyres-designer-jewellery wrote:
Anyway I don't deal with anything close to these items (except collectible spoons, I changed my item location to Canada so that I can ship with Canada Post if one sells and Stallion won't accept it).

C.
You might want to be careful even with that. It sounds like it will require a special service or other paperwork, which I'm guessing might not be available on Tracked Packet. I'm guessing this will also fall under the new regulations that are apparently starting in August where there's potential $5000 fines for sending stuff that used to qualify under the de minimis and no longer does.

Thanks for the heads up. I guess I have two choices, I can ship them only to Canada (and abroad) and list them on my Canadian store with no US sales, or I can just bring them back to the brick and mortar store... I have a feeling returning them to the store is the easiest thing to do. I spent loads of time making nice pictures of my spoons to sell them (and did sell a few), but if Customs is going to be all picky about how you can eat with it, then it's a hassle I don't need.