Cargo Systems Messaging Service
CSMS # 63992482 - GUIDANCE: ACE Processing of De Minimis Shipments Per Executive Orders issued February 1, 2025
Pursuant to the Executive Orders (EOs) signed on February 1, 2025, and as implemented in the Federal Register Notice Implementation of Additional Duties on Products of the People’s Republic of China Pursuant to the President’s February 1, 2025 Executive Order Imposing Duties to Address the Synthetic Opioid Supply Chain in the People’s Republic of China, posted for public inspection on the Federal Register’s website on February 3, 2025 and scheduled to be published on February 5, 2025, most products of China (including products of Hong Kong as explained in the Federal Register Notice regarding China and EO 13936 (July 17, 2020)) are no longer eligible for the administrative exemption from duty and certain tax at 19 U.S.C. § 1321(a)(2)(C) and are subject to the additional ad valorem rates of duty. Accordingly, effective February 4, 2025, such goods may not receive so-called “de minimis” clearance and enter duty and tax free. Requests for de minimis entry and clearance for ineligible shipments will be rejected. The filer/importer has the option of filing an appropriate formal or other informal entry and paying all applicable duties, taxes and fees.
The trade community should be aware that where the manifest is submitted, or an Entry Type 86 is created before 12:01 a.m. Eastern Standard Time (EST) on February 4, 2025, but where the shipment arrives after that time, the covered merchandise will not be eligible for the de minimis exemption. Any pre-arrival clearance for these shipments will be cancelled after 12:01 a.m. EST on February 4, 2025.
It is the responsibility of trade community to monitor unarrived conveyances for any of the cancellation scenarios outlined below. Filers need to monitor messaging for their shipments and take appropriate action to clear the shipments under the auspices of the Executive Order. This message and the processes described herein do not cover mail (postal) shipments; only release from manifest and entries filed through the Automated Commercial Environment (ACE) are addressed.
Below is guidance on how the EO will be enforced in ACE by mode of transportation and clearance type.
Manifest Clearance
Air Manifest:
- New Air EDI validations for bills of lading with a CED line to release off the manifest [i.e. a disposition type 86 is posted to the bill].
- If the filer receives the following error codes for an air manifest shipment, it means that de minimis clearance will not be granted and the filer must take the appropriate action to bring the shipment into compliance under the auspices of the Executive Order.
- 181 COUNTRY OF ORIGIN CODE INVALID
- 110 CBP ENTRY LINE IGNORED
- 188 EXPRESS RECORD INCOMPLETE
- All messages will be sent in the form of an FER response message by ACE.
Truck Manifest:
- If the filer receives a message using the 470 (Inv Ctry of Orig for Shp) error code, it means that the shipment cannot receive de minimis clearance, and the filer must take the appropriate action to bring the shipment into compliance under the auspices of the Executive Order.
- For any bills filed prior to, but arriving after the actions in the Executive Order takes effect, ACE will generate a 350 notification, using an existing disposition code for “Entry Not on File.” If the filer receives this message, it means that the shipment will be rejected at Primary and the filer must take the appropriate action to bring the shipment into compliance under the auspices of the Executive Order.
Manifest – All Modes:
- In situations where a manifest was filed before the actions outlined in the Executive Order become effective, but the conveyance will arrive after, the carrier will receive a 1M message notifying them that the shipment is not eligible for de minimis clearance, and the filer must take the appropriate action to bring it into compliance.
- For all modes where a 1C release message was already sent to the carrier/manifest filer, but the conveyance has not yet arrived ACE will generate and send a 4E (cancel entry message) to cancel the release upon conveyance arrival.
Cargo Release/ Entry Type 86 (ET86): All Modes
- For ineligible ET86 transactions, ACE will return a “Reject” status with an additional error code of 200: COUNTRY OF ORIGIN NOT ALLOWED FOR IMPORT. This is an existing error code, being re-used for this purpose, so the trade should be aware of the new use.
- In any instance where the ET86 in released status before the arrival of the bill, the filer will receive an SO disposition message of “Release-Suspended” with an error code 29: 29~NOT RELEASED. This is an existing error code, being re-used for this purpose, so the trade should be aware of the new use.
- If these error messages are received, the filer must take the appropriate action to bring the shipments into compliance with the Executive Order.
As we transition to execution of the Executive Order, it is extremely important that the trade maintain awareness of the shipments they are responsible for and are aware of the messaging that they are receiving from CBP.
CBP will publish additional technical guidance as needed via CSMS.
These changes are available in the Certification Environment as of 5:30 PM 2/3/2025 and will be available in the Production Environment following a maintenance outage that is the subject of a separate CSMS message.
Related messages: 63988468; 63988467
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