Cargo Systems Messaging Service

CSMS # 59089765 - Update to the Entry Type 86 Test Published in the Federal Register

On January 16, 2024, CBP published an update to the Automated Commercial Environment (ACE) Entry Type 86 test in the Federal Register.  The updated Federal Register Notice (FRN) supersedes previous notices and makes the following modifications to the ACE Entry Type 86 test.

The FRN modifies the deadline to file entry type 86 from ‘‘within 15 days’’ of the arrival of the cargo to ‘‘upon or prior to arrival’’ (see Section IV of the FRN). The traditional entry timeframe, allowing filing up to 15 days after arrival of the cargo, has proven to be inconsistent with the expedited process envisioned for the ACE Entry Type 86 Test. As a result, CBP is amending the test to require that the entry type 86 must be filed prior to or upon arrival of the cargo.

In addition, this notice clarifies that only those regulations specified in this notice are waived by the test (see Sections IV and V of the FRN). All other regulations, including those allowing CBP to require formal entry, remain in force. As a reminder, filing an entry type 86 is considered “customs business” under 19 U.S.C. 1641.  All customs brokers designated to enter a qualifying entry type 86 shipment must be appointed through a valid power of attorney and must comply with all other applicable broker statutory and regulatory requirements. See 19 CFR 141.46; see, 19 U.S.C. 1641; 19 U.S.C. 1484; 19 CFR part 111; 19 CFR part 141.

Finally, the notice further clarifies the consequences of misconduct by participants in the ACE Entry Type 86 Test (see Section VIII of the FRN).

The FRN can be accessed at:  https://www.federalregister.gov/documents/2024/01/16/2024-00698/test-concerning-entry-of-section-321-low-value-shipments-through-the-automated-commercial.

The changes are being made to address enforcement challenges CBP has encountered in relation to merchandise entered through the ACE Entry Type 86 test.  Questions regarding the updates can be directed to CBP via e-mail at ecommerce@cbp.dhs.gov.