Cargo Systems Messaging Service
CSMS # 61800966 - CORRECTION: Automated Enforcement of Entry Type 86 Filing Deadline Set to Deploy August 17
On August 17, 2024, U.S. Customs and Border Protection (CBP) will deploy an update to the Automated Commercial Environment (ACE) that enforces the requirement to file Entry Type (ET) 86 transactions prior to or upon the arrival of the cargo. All Entry Type 86 transactions must be filed before arrival at the first port of arrival. For permits to proceed and shipments moving in-bond, timely filing will be based on arrival at the first port of arrival, not the port of entry. For example, an aircraft arriving from a foreign port, eligible merchandise must have all Entry Type 86 eligible transactions filed prior to arrival at the first port of entry, even if a portion of the eligible transactions are destined to another port of entry on a permit to proceed or in-bond movement.
If an Entry Type 86 is filed after the cargo has arrived at the first port of arrival, the entry will be rejected, and the cargo will be held until a different and appropriate entry is made (such as release from manifest or an Entry Type 01 or 11). Goods subject to a Partner Government Agency (PGA) requirement are ineligible for release from manifest entry procedures. Requests for releases from manifests may be delayed, as CBP will prioritize Entry Type 01, 11 and ET86 transactions.
This update also includes electronic data interchange (EDI) impacts. Specifically, CBP has added the following error code in the Cargo Release Condition Codes document: 283 – ET86 Entry Not Allowed After Arrival. This new error code is currently available for testing in the Certification environment (CERT). For more information, review CSMS #59741813.
Background:
On January 16, 2024, CBP published an update to the ACE Entry Type 86 test in the Federal Register (89 Fed. Reg. 2630). The updated Federal Register Notice (FRN) supersedes previous notices and modified the deadline to file an Entry Type 86, among other changes. Specifically, the FRN modified the deadline 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, had proven to be inconsistent with the expedited process envisioned for the ACE Entry Type 86 Test.
The Entry Type 86 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.
Questions regarding the above updates can be directed to CBP via e-mail at ecommerce@cbp.dhs.gov.
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