Important update for those who import shipments into the US via the US border

[hlmacdon]

If you are currently crossing the US border to import customer shipments for reshipment via a US carrier/USPS there are changes to the requirements. Previously shipments that qualified as Section 321 informal entries (essentially goods to a consignee that are under the de minimis) was exempt for emanifest requirements and you could simply use a paper form and show up at the border with that and supporting paperwork.

If you cross now you should start receiving a handout with information, but the gist is starting November 26 if you haven't filed electronic manifests you'll be referred to secondary for processing. Starting January 1st of next year, the penalty will be $5000 for first attempt at not complying with electronic manifest requirements, then $10,000 for subsequent. In order to file electronic manifests you'll need to apply for a SCAC code, which is $75 USD/year via the NMFTA.  You will also need to apple for ACE Portal access, which is the US government's free solution for filing. There are third party providers but their pricing models are not really targeted at lower volume individuals/small businesses. ACE Portal access approval can take several weeks so you may want to start looking into this sooner rather than later.

TLDR everything crossing the US border now has to be filed electronically. If you weren't following proper procedures before and not declaring your packages, get on board with official procedures or expect a very expensive trip if you cross next year.

[recped]

This means paintings and antiques can be transported over the border the usual way - paper form only with commercial toll.

Just popping in on this to clarify for those may not know. To be an "antique" an item must be 100 years or more old at the time of importation. Therefore anything manufactured or created after 1919 is NOT an antique.

[grove2nd]

I've just found this thread, and I'm so confused. It all sounds incredibly complicated, and I'm not sure my small business is worth going through so much trouble.

You sound very knowledgeable and I'm hoping you can clarify some of this for me.

Here's my situation - I am a fairly small seller of books, and once a week I have been taking over between 10-20 packages, total value usually less than $500. I have been using form 7523.

I crossed the border today and the agent informed me that I would need to start having an e-manifest. What he said was that anything under $800 would require one. but if it was over $800 it would not (up to $2000). 

So I've been reading all the information you've posted here (and thank you, BTW, not sure where I would have found this elsewhere), and I'm still not certain what I need to do.

I will probably go into the customs office next week to talk to them and maybe get a definitive answer for my situation.

You mentioned a contact person ("The point of contact in charge of this (Amy Hatfield)" - is there a phone number for her?

Thanks for any advice  you can give

[tryubik-useonlyasdirected]

If the books are duty free then they can be brought in on Form 7523.  "The paper form 7523 is exempt manifest based on CBP regulations (specifically 19 CFR 123.92)"

If the books are not duty free and qualify as a de minimus under section 321 then an eManifest is required.

As our US Customs point of contact explains the difference:

"CBP Form 7523 is for shipments under $2500 US that are completely duty free. This means any commodity that has duty assessed against the tariff number cannot be listed on this form (but perhaps could still qualify for the Section 321 release if it's $800 without paying the duty). "

"Section 321 shipments are shipments that are less than $800 US that CBP doesn't assess duties, taxes, or fees. This means, even if the item is dutiable, CBP doesn't care because it has such a low value, that we'll release the commodity off the manifest without consideration to the duty amount that would be owed for a larger value item."

[tryubik-useonlyasdirected]

If you are unsure or do not want to bother with an eManifest there are courier companies that will bring your orders over for you saving the hassle of filing the eManifests yourself.

The cost for this service appears to run from $0.50-$10.00 depending on the size and number of shipments. Books are likely small and at the low end. People seem to have success using this method, I've personally never tried it. Unfortunately I'm not familiar with any in your area, if you check around the forums someone should be able to direct you to a local courier.

As for the point of contact - there should be one listed on the notice given to you by your customs agent. You are at a different crossing and may have a different point of contact.

[grove2nd]

Thank you,   tryubik-useonlyasdirected

That sounds like i should still be able to use Form 7523 since books are duty-free. Which I hop is true. But I think I probably still need something official in writing, since that's not what the agent told me today.

Can i ask what is the source of the quote you provided?

I would like to print it and take it with me to the customs office. 

Also thanks for the suggestion about using a Courier, that would be a perfect solution for me , but I have never been able to find one in this area.

[tryubik-useonlyasdirected]

The quote is directly from a CBP agent. I'm not at liberty to share the contact information directly. It was shared only as a guide to help lead you in the correct direction; we're all just learning in this forum.

The US Customs and Border websites should have an email for contact information. There should be one directly on the Customs hand-out itself. If you email them they should be able to provide an official answer through correspondence that you can carry with you should the officer have any questions.

As has been stated through-out this forum there appears to be much uncertainty among the officers as to the new mandatory regulation and the 7523 exemption. (The Cornell website has the exact written text of the exemption but I'm not certain how up to date it is.)

I've no idea if Books are considered Duty Free. May I ask what code you usually use for them on the paper 7523?

[grove2nd]

Thanks again. I didn't get any handout from the agent, he just told me, and when I asked where I could get more info, he suggested I go into the customs office and speak with a supervisor. Which  I will probably do on Monday.

The code is use for books is 490199,  the code indicates they are duty free.

[randall-prue]

Right now, I am wading through their web sites and portal, trying to understand how it works. They say that it takes a couple of weeks, and the first step is that after applying, I would receive email from aceuserservice at cbp.dhs.gov, There is nothing so far about how to apply. I am continuing through this hoop, and through this thread, looking for more clues.

[tryubik-useonlyasdirected]

The whole process should take maybe 48 hours.

If you are having difficulty contact the ACE customer support using the provided toll free number.

They sent me the application form through a direct email.

The PDF form is submitted directly through a button at the end. If you follow the directions set forth by @hlmacdons on page 1 of this thread it should guide you through to the end.

[randall-prue]

I went through the first step (SCAC? I forget the acronym). Now $78 US for the year (until June somewhere in the future), and they say that it will be done within 24 hours. That code is required to request the ID for access to ACE, and that takes a week.

[randall-prue]

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@hlmacdon wrote:

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I can't see them changing things given that there are a lot of people abusing the program as it stood. 

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The crossing guard said that to me. I am trying to imagine in what manner anything was abused. They verified any time they wanted to (when I have driven things over there in the past 15 or so years). What does anyone know about abuse?

[tryubik-useonlyasdirected]

If you google CBP news bulletins and lectures etc. they talk about larger bonded business splitting large orders far in excess of the de minimus into hundreds of small and fake de minimus orders to beat the duty (Krieghoff may have politely called it running the toll). Apparently it has been a huge issue.

That and they want our datas.

[hlmacdon]

I normally wouldn't bump an old thread but there is an important update.

The Public Health Agency of Canada late this week issued new guidelines to the CBSA for cross border commerce exceptions. Effectively they have banned exporting only from Canada and all trips must be either for travel that includes exporting goods from Canada with the return trip importing other goods back into Canada, or be solely for travelling to the US to pickup goods for importing back into Canada. If you don't have any commercial goods coming back with you to Canada, the CBSA is being directed to issue quarantine orders regardless of prior exceptions.

The guidelines contained in this memo are not publicly available and the CBSA is refusing to provide the guidelines to the public. PHAC has not responded to inquiries.

[brettjet38]

ZOMBIE THREAD FROM 11-05-2018 06:46:54 PM

[hlmacdon]

Thanks for the useful contribution to the discussion. **bleep** read.

[femmefan1946]

The guidelines contained in this memo are not publicly available and the CBSA is refusing to provide the guidelines to the public. PHAC has not responded to inquiries.

Any word from PSAC?

They will often expand on instructions that have been given to union members if only to make sure they understand their rights.

[hlmacdon]

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@femmefan1946 wrote:

Any word from PSAC?

They will often expand on instructions that have been given to union members if only to make sure they understand their rights.

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Hadn't thought of that one yet but thank you for the idea. Another one to add to the list.

[cottagewoman]

This shuts me down. Will forward this to ChitChats.

[cottagewoman]

Does this apply to all crossing the border including commercial carriers, or is it only for individuals without registered commercial vehicles?

[cottagewoman]

What is the source of this information? Can't seem to find anything on it online. Thanks.