# 90 FR 3048: Entry of Low-Value Shipments > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2025-00551 ## Section - **Citation:** 90 FR 3048 - **Heading:** Entry of Low-Value Shipments - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 90 / 90 FR 3048 ## Text ntry, and define the word “shipment.” 5 5 60 FR 18983 (Apr. 14, 1995). In 2016, section 901(d) of TFTEA amended 19 U.S.C. 1321(a)(2)(C) by increasing the daily value limit for the administrative exemption from $200 to $800. 6 CBP published an interim final rule amending the regulations to implement the new statutory amount and to specify certain goods excluded from the administrative exemption. 7 Otherwise, CBP has not made any significant changes to the regulatory requirements by which such shipments are entered since 1995. In the nearly three decades since, however, there have been significant changes in the trade environment and supply chains, substantial increases in the volume of shipments, and advancements to CBP's capabilities that necessitate the modernization of these regulations to better serve both CBP and the trade community. 6 Section 901 did not change the administrative exemptions for bona-fide gifts and personal or household articles accompanying travelers under 19 U.S.C. 1321(a)(2)(A) and (B), respectively. 7 81 FR 58831 (Aug. 26, 2016). In the interim final rule, CBP solicited comments regarding the collection of data on behalf of partner government agencies for shipments valued at $800 or less. CBP received eight public comments and intends to respond to the comments at the final rule stage of this rulemaking. Firstly, e-commerce is a growing segment of the U.S. economy and has been increasing significantly for the past several years. 8 Consumer habits are changing as the internet empowers individuals to make purchases online. These advances in economic activity have led to increasing volumes of imports of low-value shipments, creating inspection challenges for CBP. Low-value e-commerce shipments pose the same health, safety, and economic security risks as higher-value shipments reasing significantly for the past several years. 8 Consumer habits are changing as the internet empowers individuals to make purchases online. These advances in economic activity have led to increasing volumes of imports of low-value shipments, creating inspection challenges for CBP. Low-value e-commerce shipments pose the same health, safety, and economic security risks as higher-value shipments. Transnational criminal organizations and other bad actors perceive low-value shipments as less likely to be interdicted because these types of shipments are not subject to the more extensive formal entry procedures. This has resulted in attempts to enter illicit goods, such as illicit fentanyl, into the country through these types of shipments. As noted below, the information requirements for low-value shipments are less rigorous than those required for other entry types, and often do not provide sufficient detail for CBP to accurately identify the merchandise in the shipment and the parties involved in its sale and purchase. Furthermore, novel and complex e-commerce business models have complicated and added to the traditional array of parties involved in the import transaction. New or infrequent importers often possess less familiarity with U.S. customs laws and regulations, which can lead to the attempted importation of non-compliant goods. This rulemaking proposes data requirements that are tailored to capture the key parties in these modern trade transactions ( e.g., the seller, purchaser, final deliver-to party, and marketplace), thus strengthening CBP's enforcement posture. 8 Although the administrative exemption is not limited to only e-commerce shipments, the reality is that e-commerce shipments comprise a significant portion of low-value shipments. Secondly, the volume of low-value shipments has increased dramatically in recent years 90 percent of the number of shipments entering the United States are low-value shipments valued at $800 or less. 10 The information requirements for these shipments are less rigorous than those required for other entry types, e.g., formal entries, and no longer provide sufficient detail for CBP to accurately identify the merchandise in the shipment and the parties involved in its sale and purchase. This overwhelming volume of low-value shipments and lack of actionable data collected pursuant to the current regulations inhibits CBP's ability to identify and interdict high-risk shipments that may contain illegal drugs such as illicit fentanyl, merchandise that poses a risk to public safety, counterfeit or pirated goods, or other contraband. The new enhanced entry process for low-value shipments proposed in this rulemaking would provide CBP with the necessary information regarding the contents of shipments to more accurately segment risk and determine eligibility for the administrative exemption in advance of a shipment's arrival in the United States. The receipt of advance electronic data would also reduce the burden for CBP officers who process these large volumes of shipments because better data would lead to more accurate targeting. With more accurate targeting, CBP resources will be better focused on accurately identifying and interdicting violative shipments. Today, the quality of targeting is often impeded by the lack of information. 9 Commercial Customs Advisory Committee Holds Final Public Meeting of 2023, December 20, 2023, https://www.cbp.gov/newsroom/national-media-release/commercial-customs-advisory-committee-holds-final-public-meeting (last accessed Jan. 31, 2024). 10 Email correspondence with the Office of Trade on Feb. 2, 2024. Lastly, both CBP and the trade community's technological capabilities have greatly advanced since 1995, and this proposed rule would adapt the regulations to current capabilities tributes to the effort to stop the flow of illegal drugs into the United States by expanding the collection of enhanced advance electronic data for low-value shipments. 12 CBP Releases November 2023 Monthly Update, December 22, 2023, https://www.cbp.gov/newsroom/national-media-release/cbp-releases-november-2023-monthly-update (last accessed Jan. 31, 2024). 13 Joint Written Testimony of Diane J. Sabatino, Deputy Executive Assistant Commissioner, Office of Field Operations, and James Mandryck, Deputy Assistant Commissioner, Office of Intelligence, before the U.S. Senate Committee on Appropriations, “Combatting Transnational Criminal Organizations and Related Trafficking” (May 3, 2023), https://www.cbp.gov/about/congressional-resources/testimony (last accessed Sept. 1, 2023). To address the above challenges, this document will explain the statutory authority that authorizes CBP to regulate the entry of low-value shipments, describe the current regulatory landscape, and propose new regulations that establish a new electronic entry process and clarify the parameters of the administrative exemption. III. Statutory Authority All merchandise imported into the customs territory of the United States is subject to entry and clearance procedures. These procedures ensure the proper appraisement, valuation, and tariff classification of the merchandise for the purpose of collecting the lawful amount of duties owed, as well as compliance with all other laws and regulations administered and enforced by CBP. Different procedures are provided for the entry and clearance of merchandise depending upon the value of the merchandise. There are “formal entry” procedures established by 19 U.S.C. 1484 and 1485, which are generally applicable to shipments of merchandise valued in excess of $2,500. Part 142 of title 19 of the CFR (19 CFR part 142) implements 19 U.S.C. 1484, as amended, and prescribes formal entry procedures on at 19 U.S.C. 1321(a)(2)(C) is implemented at 19 CFR 10.151, which explains that qualifying merchandise not exceeding $800 and meeting the conditions of 19 CFR 10.153 will be admitted free of duty and tax. The exemption for bona-fide gifts is implemented at 19 CFR 10.152. For low-value shipments accompanying a person, the merchandise comes in under an oral declaration pursuant to 19 CFR part 148. 15 Shipments imported by mail are covered by 19 CFR part 145, and shipments imported by express consignment operators and carriers are covered by 19 CFR part 128. Lastly, informal entry procedures for qualifying low-value shipments are found in 19 CFR part 143, subpart C. 15 The procedures for personal or oral declarations are set forth in 19 CFR 148.12, 148.13, and 148.62, and are not affected by this proposed rule. A. Release From Manifest Process With certain exceptions, low-value shipments qualifying for the administrative exemption may be entered by presenting the bill of lading or a manifest listing each bill of lading. 16 This type of informal entry is termed the “release from manifest process.” Generally, such shipments are released from CBP custody based on the information provided on the manifest or bill of lading. Qualifying low-value shipments may be entered, using reasonable care, by the owner, purchaser, or consignee of the shipment, or, when appropriately designated by one of these persons, a customs broker licensed under 19 U.S.C. 1641. 17 The information required for release from manifest may be provided by consignees, such as carriers and express consignment operators. The following information must be provided as part of the release from manifest process: the country of origin of the merchandise; shipper name, address and country; ultimate consignee name and address; specific description of the merchandise; quantity; shipping weight; and value merchandise of a class or kind provided for in any absolute or tariff-rate quota, whether the quota is open or closed, is not exempt; and, there is no exemption from any tax imposed under the Internal Revenue Code that is collected by other agencies on imported goods. In addition, any merchandise subject to antidumping and countervailing duties is not exempt. 20 20 See 19 U.S.C. 1671h; 19 U.S.C. 1673g (requiring CBP to collect antidumping and countervailing duty deposits for “ all entries, or withdrawals from warehouse, for consumption of merchandise subject to [an antidumping or countervailing duty] order”) (emphasis added). In addition to the regulations described above, which generally apply to all low-value shipments, CBP has established regulations for express consignment operators and carriers (ECOs) in 19 CFR part 128. 21 The procedure for entry of qualifying low-value shipments imported by ECOs is set forth in 19 CFR 128.21 and 128.24(e). CBP requires that ECOs provide the manifest information listed in 19 CFR 128.21 in advance of arrival of all cargo ( i.e., the advance manifest). The information required on the advance manifest for qualifying low-value shipments is identical to the information required for the release from manifest process under 19 CFR 143.23(k), but, pursuant to 19 CFR 128.24(e), such shipments must be segregated on the advance manifest when it is used as the entry document. 22 21 An “express consignment operator or carrier” is defined in 19 CFR 128.1(a) as “an entity operating in any mode or intermodally moving cargo by special express commercial service under closely integrated administrative control. Its services are offered to the public under advertised, reliable timely delivery on a door-to-door basis. An express consignment operator assumes liability to Customs for the articles in the same manner as if it is the sole carrier.” 22 19 CFR 128.21 and 128.24(e) ducts for reporting or enforcement purposes. Low-value shipments may also require the payment of applicable PGA duties, fees, or excise taxes collected by other agencies. Shipments that have PGA data reporting requirements or require the payment of any duties, fees, or taxes must generally be entered using the appropriate informal or formal entry process to ensure that the PGA requirements are met. Low-value shipments subject to PGA requirements are currently ineligible for entry under the release from manifest process. 25 In this rulemaking, CBP uses the phrase “partner government agencies” in the preamble interchangeably with the phrase “other government agencies,” which is found in title 19 of the CFR. C. Challenges of the Release From Manifest Process The release from manifest process is a slow and labor-intensive process. A CBP officer must review each entry and provide a determination regarding release. While this process may have been sufficient decades ago, the sheer volume of imports and the limited resources at the ports of entry make it untenable today. Moreover, the data currently provided on the standard manifest is insufficient or too vague for CBP to effectively screen merchandise and provide admissibility decisions in a timely manner. The data often does not adequately identify the entity causing the shipment to cross the border, the final recipient, or the contents of the package. With the dramatic increase in shipments that only provide minimal data, CBP is left with fewer data points about a greater number of shipments. Many of these shipments are undervalued or incorrectly presented for release from manifest as non-PGA shipments, and thus do not qualify for the administrative exemption. More information about these shipments will help CBP to identify these shipments prior to release, thereby protecting consumers from purchasing goods that do not meet regulatory health and safety standards and protecting U.S nts. Many of these shipments are undervalued or incorrectly presented for release from manifest as non-PGA shipments, and thus do not qualify for the administrative exemption. More information about these shipments will help CBP to identify these shipments prior to release, thereby protecting consumers from purchasing goods that do not meet regulatory health and safety standards and protecting U.S. businesses from unfair competition against imported goods that would otherwise be charged duties or restricted from entry. V. Section 321 Data Pilot and Entry Type 86 Test To address the challenges described above, CBP launched two voluntary pilot programs pertaining to low-value shipments in 2019: the Section 321 Data Pilot and the Entry Type 86 Test. The Section 321 Data Pilot began with nine voluntary participants from the trade community to test the feasibility of CBP accepting advance data for shipments eligible for the administrative exemption. 26 Currently, CBP requires carriers and other regulated parties to transmit certain information relating to commercial cargo prior to the arrival of the cargo in the United States. However, in the e-commerce environment, traditionally regulated parties, such as carriers, are unlikely to possess all of the information relating to a shipment's supply chain that CBP needs to effectively identify high-risk shipments. The Section 321 Data Pilot tests the feasibility of obtaining this advance information from parties other than those required to submit it pursuant to the existing regulations, such as online marketplaces. The Section 321 Data Pilot also tests the collection of additional data that is generally not required under current regulations. Participants in the Section 321 Data Pilot agree to transmit certain data elements for each qualifying low-value shipment. Initial pilot participants included carriers, e-commerce marketplaces, a technology firm, and logistics providers ons, such as online marketplaces. The Section 321 Data Pilot also tests the collection of additional data that is generally not required under current regulations. Participants in the Section 321 Data Pilot agree to transmit certain data elements for each qualifying low-value shipment. Initial pilot participants included carriers, e-commerce marketplaces, a technology firm, and logistics providers. In 2023, CBP modified the Section 321 Data Pilot to allow participants to transmit optional data elements and to permit additional trade members to participate. 27 The purpose of the pilot is to improve CBP's ability to identify and target high-risk e-commerce shipments including narcotics, weapons, and products posing a danger to the public's health and safety. 26 84 FR 35405 (July 23, 2019). The original pilot was expanded to include shipments arriving by ocean and international mail and was extended through August 2021. 84 FR 67279 (Dec. 9, 2019). It was subsequently extended through August 2023 (86 FR 48435 (Aug. 30, 2021)), and then again through August 2025 (88 FR 10140 (Feb. 16, 2023)). 27 88 FR 10140 (Feb. 16, 2023). The other pilot, the Entry Type 86 Test, authorized a new entry process for qualifying low-value shipments in the Automated Commercial Environment (ACE) through the development of a new informal entry type 86. 28 The test created a means for qualifying low-value shipments subject to PGA data requirements to benefit from the use of a section 321 entry process for the first time, allowing these shipments to claim duty- and tax-free treatment under the administrative exemption. Prior to the development of entry type 86, low-value shipments subject to PGA requirements were required to be entered using the more complex informal entry type 11 or formal entry. 29 The Entry Type 86 Test also expedites the clearance of compliant low-value shipments into the United States through the use of an electronic release in ACE. 28 84 FR 40079 (Aug. 13, 2019) or low-value shipments, including those with PGA data requirements. It has also allowed CBP to test operational procedures involved with the new entry type, including associated challenges with electronic release in ACE and necessary coordination with PGAs. 30 For example, a party with a financial interest in the merchandise could constitute an owner or a purchaser that may file an entry type 86. Additionally, a broker properly appointed by the owner or the purchaser, or for example, by a third-party warehouse receiving the merchandise as a consignee, may file an entry type 86. Both pilots have yielded positive benefits for CBP and the trade community. Specifically, under the Section 321 Data Pilot, CBP was able to test the feasibility of collecting new data elements that identify the entities responsible for the movement of low-value shipments, the precise contents of these shipments, and their final destination after arriving in the United States. Collection of this information allows CBP to conduct faster and more accurate risk assessments, and trade members providing this more detailed data may benefit from fewer CBP holds. Similarly, as a result of the Entry Type 86 Test, the trade community has experienced fewer holds and faster clearance, often same-day clearance, versus the previous wait times of up to eight days. Trade members have also reported time and cost savings as detailed below in section VII. If and when this proposed rule becomes a final rule, CBP will end the Entry Type 86 Test. CBP proposes to codify the Entry Type 86 Test's electronic entry process as part of the new enhanced entry process, with certain changes as discussed in the next section. The Section 321 Data Pilot, however, will continue with respect to those data elements and filers not covered by a final rule, for further evaluation of the pilot and the risks associated with low-value shipments. Changes to the Section 321 Data Pilot will be announced in a separate Federal Register notice. VI the new enhanced entry process, with certain changes as discussed in the next section. The Section 321 Data Pilot, however, will continue with respect to those data elements and filers not covered by a final rule, for further evaluation of the pilot and the risks associated with low-value shipments. Changes to the Section 321 Data Pilot will be announced in a separate Federal Register notice. VI. Discussion of Proposed Amendments This rulemaking proposes amendments to provisions found in 19 CFR parts 10, 101, 128, 143, and 145. CBP generally intends this proposed rule's provisions to be severable from each other. CBP expects to provide additional detail on severability in the final rule once CBP has considered public comments and finalized the regulatory language. CBP proposes to combine the successful aspects of the Section 321 Data Pilot and Entry Type 86 Test to create a new, alternative 31 process for entering low-value shipments (referred to as the “enhanced entry process”) that would, among other benefits, allow CBP to target high-risk shipments more effectively in advance of the shipment's arrival in the United States, including those shipments containing synthetic opioids such as illicit fentanyl. The new enhanced entry process incorporates a selection of the most useful data elements tested in the Section 321 Data Pilot and uses an electronic entry process similar to what was tested in the Entry Type 86 Test. 32 31 The enhanced entry process is required for goods subject to PGA data requirements seeking duty-free entry under the administrative exemption. 32 Some of the data elements collected under the enhanced entry process in this proposed rulemaking may be similar to advance data collected for cargo security purposes pursuant to regulations issued under the authority of 19 U.S.C. 1415, such as in the case of Air Cargo Advance Screening (ACAS) data. CBP notes that 19 U.S.C equirements seeking duty-free entry under the administrative exemption. 32 Some of the data elements collected under the enhanced entry process in this proposed rulemaking may be similar to advance data collected for cargo security purposes pursuant to regulations issued under the authority of 19 U.S.C. 1415, such as in the case of Air Cargo Advance Screening (ACAS) data. CBP notes that 19 U.S.C. 1415(a)(3)(F) prohibits data collected under that statute's implementing regulations from being used for commercial enforcement purposes, including for determining merchandise entry. This rulemaking is being proposed under the statutory authorities pertaining to the entry of merchandise as detailed in section III. Accordingly, the regulations issued under 19 U.S.C. 1415 will continue to apply without any modification by this proposed rulemaking. The enhanced entry process would require the submission of advance data, within specified time frames, about the contents, origin, and destination of the shipments. Furthermore, the new process would allow CBP to maintain two key benefits of the Entry Type 86 Test, namely the expedited clearance of certain shipments and the availability of duty- and tax-free entry for qualifying low-value shipments, including those that are subject to PGA requirements. This document also proposes to revise the current release from manifest process for entering low-value shipments (renamed as the “basic entry process”) to require additional data elements that would assist CBP in verifying eligibility for duty- and tax-free entry of low-value shipments and bona-fide gifts. Additionally, this document proposes to define who is the “one person” to whom the $800 exemption applies, explain eligibility requirements for the exemption, and clarify the definition of a “shipment,” among other things. Lastly, this document proposes to correct typographical errors and make minor amendments for clarity and stylistic purposes 151 or 10.152. CBP is proposing several changes to these sections to clarify the parameters of these exemptions and more closely align the language in the regulations with the statutory text. 33 The separate exemption for articles accompanying and for the personal/household use of travelers returning from abroad, under 19 U.S.C. 1321(a)(2)(B), is not implicated or changed by this rulemaking. 1. Shipments Exceeding $800 There has been some confusion in the trade community regarding how the $800 value limit is applied when multiple low-value shipments are imported by one person on the same day. To provide clarity, CBP proposes to amend § 10.151 to explain that when the aggregate fair retail value of shipments imported by one person on one day under § 10.151 exceeds $800, then all such shipments imported on that day by that person become ineligible for duty- and tax-free entry under the administrative exemption. Such shipments would have to be entered under appropriate informal or formal entry procedures. 2. Party Eligible for Administrative Exemption and Party Authorized To Make Entry In order to enforce the administrative exemption, CBP must ensure that the aggregate fair retail value in the country of shipment of articles imported by one person on one day and exempted from the payment of duty does not exceed the statutory limit of $800. CBP proposes to amend § 10.151 to require that the “one person” eligible for the administrative exemption is the owner or purchaser of the merchandise imported on one day. It is possible that the party who is eligible for the administrative exemption ( i.e., the owner or purchaser) is different from the party who is authorized to make entry under § 143.26(b). Accordingly, CBP proposes to include a cross-reference in § 10.151 to clarify that merchandise for which the administrative exemption is being claimed must be entered by a party authorized to make entry under § 143.26(b). 3 that the party who is eligible for the administrative exemption ( i.e., the owner or purchaser) is different from the party who is authorized to make entry under § 143.26(b). Accordingly, CBP proposes to include a cross-reference in § 10.151 to clarify that merchandise for which the administrative exemption is being claimed must be entered by a party authorized to make entry under § 143.26(b). 3. Single Orders Sent Separately To Circumvent Duties and Evidence of Fair Retail Value The statutory text of 19 U.S.C. 1321(a) prohibits goods from a single order or contract from being forwarded in separate lots to obtain the benefit of the administrative exemption. The current regulation differs from the statute in that the regulation requires that the single order must be sent separately for the “express purpose” of obtaining free entry or avoiding compliance with pertinent laws. CBP proposes to align this provision with the statute and remove the limiting language that requires an “express purpose” to be established. CBP proposes removing the clause in § 10.151 that describes the documents (or oral declaration) used to evidence the fair retail value of a shipment. CBP believes that the informal entry procedures cited to in the last sentence of § 10.151 more comprehensively describe the required data and documents needed to file or support entry of the shipment. 4. Other Amendments to §§ 10.151 and 10.152 Currently, the regulations in §§ 10.151 and 10.152 state that the port director “shall” provide duty- and tax-free entry of shipments meeting the value limits in 19 U.S.C. 1321(a)(2)(A) and (C). The value limit, however, is not the only requirement that shipments must meet in order to obtain duty- and tax-free entry under these sections. All other applicable statutory and regulatory requirements must also be met. Furthermore, the administrative exemptions are a privilege and not an absolute right and tax-free entry of shipments meeting the value limits in 19 U.S.C. 1321(a)(2)(A) and (C). The value limit, however, is not the only requirement that shipments must meet in order to obtain duty- and tax-free entry under these sections. All other applicable statutory and regulatory requirements must also be met. Furthermore, the administrative exemptions are a privilege and not an absolute right. CBP maintains the authority, pursuant to 19 CFR 143.22, to require a formal entry, and assess any attendant duties, taxes, and fees, as applicable, for any such shipment for import admissibility enforcement purposes, revenue protection, or the efficient conduct of customs business. 34 Therefore, CBP proposes to replace “shall” with “may,” reflecting that the exemptions are granted based on the port director's discretion. 34 CBP may require a formal consumption or appraisement entry for any merchandise if deemed necessary for import admissibility enforcement purposes, revenue protection, or the efficient conduct of customs business. 19 CFR 143.22. Any such formally entered merchandise is not eligible for the administrative exemptions. See 19 CFR 10.151and 10.152. CBP also proposes amending §§ 10.151 and 10.152 to clarify that eligible merchandise must be entered under the specific informal entry procedures listed in each section in order to enter free of duty and tax. If another form of entry is used, such as informal type 11 entry or formal entry, then applicable duties and taxes will be assessed. For clarity, in §§ 10.151 and 10.152, CBP proposes replacing the more general cross-reference to subpart C of part 143 with the specific citations to the applicable informal entry procedures in § 143.23(j). In § 10.152, CBP is proposing to remove the cross-references to §§ 148.12, 148.51, and 148.64 because they reference the process of entering gifts along with household or personal articles which accompany a person upon the person's arrival from abroad, all of which may be entered pursuant to an oral declaration g an individual shipment that has its own unique bill number and tracking number, where the shipment is assigned to a single ultimate consignee, and no lower bill unit exists. An individual bill of lading, also known as a “house bill,” is used in all modes of transportation. It may be referred to as an “individual air waybill” in the air environment or a “simple bill” in the ocean environment. C. Part 128 Part 128 sets forth requirements and procedures for the clearance of imported merchandise carried by ECOs, including couriers, under special procedures. Current § 128.24 explains the informal entry procedures for express consignment shipments, including shipments meeting the requirements of § 10.151. As was done above in § 10.151, CBP proposes replacing the word “will” with “may” in the first sentence of the introductory text of § 128.24(e) to reflect that CBP has the discretion to require formal entry for any low-value shipment. 36 CBP proposes adding a cross-reference in the introductory text of § 128.24(e) to the entry procedures for low-value shipments in § 143.23(j). The procedures in § 143.23(j) require that an individual bill of lading must accompany each entry. Under the current regulations, an advance manifest listing each bill of lading may be used as the entry document, and shipments valued at $800 or less must be segregated on the advance manifest. Accordingly, CBP is removing the requirement to segregate shipments valued at $800 or less on an advance manifest because, although the advance manifest is still required, it is the individual bill of lading that serves as the entry document. As a result, there is no need to segregate shipments on the advance manifest. CBP is also removing paragraphs (e)(1) and (e)(2), because the data and documents required for entry are explained in § 143.23(j)-(l). 36 See 19 CFR 143.22. CBP proposes to add a new paragraph (f) to § 128.24 to specify the entry procedures to be used for entering bona-fide gifts a-Fide Gifts The general requirements for entry of qualifying low-value shipments and bona-fide gifts are set forth in the revisions proposed in § 143.23(j). Paragraph (j) states that in order to enter qualifying shipments, the party making entry must provide the individual bill of lading (house bill or equivalent), or other shipping document used to file or support entry, as a basic requirement. In addition, the requirements of either the basic entry process in paragraph (k) or the enhanced entry process in paragraph (l) must be met. The proposed revisions to paragraphs (j)(1)-(3) explain when certain types of merchandise are limited to entry under either the basic or enhanced process in order to qualify for the administrative exemption. Proposed paragraph (j)(1) states that merchandise may be subject to other legal requirements, including the requirements of other Federal, State, or local agencies, as applicable. In the case of merchandise regulated by other Federal agencies, the merchandise may not be entered under the basic entry process under § 143.23(k), but may be entered under the enhanced entry process under § 143.23(l). However, any merchandise that is not exempt from the payment of any applicable PGA duties, fees, or taxes is not eligible for entry under either entry process. Any filing that is determined to owe any duties, fees, or taxes will be rejected by CBP and must be re-filed using the appropriate informal or formal entry process. Proposed paragraph (j)(2) explains that mail importations may not be entered using the basic entry process in § 143.23(k), but may be entered using the enhanced entry process in § 143.23(l). Further information about mail importations is found in § 145.31. Lastly, proposed paragraph (j)(3) explains that bona-fide gifts under § 10.152 are not eligible to use the enhanced entry process and must use the basic entry process in § 143.23(k). 2. Basic Entry Process CBP proposes to amend the current release from manifest process described in § 143.23(j) and (k) try process in § 143.23(l). Further information about mail importations is found in § 145.31. Lastly, proposed paragraph (j)(3) explains that bona-fide gifts under § 10.152 are not eligible to use the enhanced entry process and must use the basic entry process in § 143.23(k). 2. Basic Entry Process CBP proposes to amend the current release from manifest process described in § 143.23(j) and (k). First, CBP proposes renaming the existing process in § 143.23(j) and (k) as the “basic entry process” to differentiate it from the proposed new “enhanced entry process.” The requirements for the basic entry process will be consolidated in § 143.23(k). The proposed basic entry process maintains the general procedures of the existing release from manifest process, with slight modifications. As explained in paragraph (k), low-value shipments meeting the requirements in § 10.151 or bona-fide gifts meeting the requirements in § 10.152 may be entered under the basic entry process. Release under the proposed basic entry process will be obtained by providing an individual bill of lading (house bill or equivalent) and will require the filer to provide the data elements listed in paragraph (k). The entry data may either be transmitted electronically through a CBP-authorized electronic data interchange (EDI) system or be submitted in paper format. There are some changes to the data elements from the current process. The following information must be provided under the existing process: the country of origin of the merchandise; shipper name, address and country; ultimate consignee name and address; specific description of the merchandise; quantity; shipping weight; and value. 37 In § 143.23(k)(3), CBP proposes to also require the name and address of the person claiming the administrative exemption under § 10.151 or 10.152, i.e., the person who is being exempted from the payment of duty for the qualifying low-value shipment e is to be delivered. The purpose of this data element is to enable CBP to know to whom and where the imported merchandise is destined to be delivered in the United States. To avoid duplication of data elements, CBP is proposing to remove the name and address of the ultimate consignee, currently required by § 143.23(k)(3). CBP is also proposing amendments to several of the existing data elements. CBP proposes to clarify that the quantity requested is the “manifested quantity of the merchandise” and the weight is referring to the “shipment weight.” Lastly, to maintain consistency with the statutory language, CBP is specifying that the value required is the “fair retail value in the country of shipment” in U.S. dollars. 39 39 When duties or other charges or fees are assessed on an import, they are calculated using the appraised value of the imported good, pursuant to 19 U.S.C. 1401a, which is not based on the good's retail value in the country of shipment. Alternatively, for the purposes of the administrative exception, the value to be evaluated to determine qualification for duty- and tax-free treatment is the fair retail value in the country of shipment. 3. Enhanced Entry Process Proposed § 143.23(l) sets forth the enhanced entry process. This process is limited to low-value shipments meeting the requirements of § 10.151. Accordingly, qualifying bona-fide gifts under § 10.152 must use the basic entry process for duty- and tax-free entry. The enhanced entry process requires the electronic transmission of the individual bill of lading (house bill or equivalent) or other shipping document used to file or support entry. In addition, enhanced entry filers must transmit the data elements in paragraph (k) and paragraphs (l)(1)-(2) to CBP. CBP acknowledges that it is possible that the required data elements do not all reside with one party. The entry, however, can only be filed by one of the parties eligible to file entry l of lading (house bill or equivalent) or other shipping document used to file or support entry. In addition, enhanced entry filers must transmit the data elements in paragraph (k) and paragraphs (l)(1)-(2) to CBP. CBP acknowledges that it is possible that the required data elements do not all reside with one party. The entry, however, can only be filed by one of the parties eligible to file entry. Therefore, in such cases, the party filing the entry will need to gather the required data from others before filing. The enhanced entry process requires data to be transmitted to CBP in advance of arrival of the shipment to allow for CBP to timely conduct targeting and offer expedited release. For consistency with other advance data requirements, CBP proposes to adopt, for the enhanced entry process, the same time frames as currently applicable for filing advance electronic data (AED) under regulations promulgated pursuant to section 343 of the Trade Act of 2002, 19 U.S.C. 1415 (the Trade Act regulations). Therefore, all the required information and documentation must be transmitted to CBP through a CBP-authorized EDI system on or before the deadline for receipt of advance cargo information. Mail shipments using the enhanced entry process are subject to a separate filing deadline, which can be found in § 145.31. For all other shipments, the required time frame to file an enhanced entry varies depending on the mode of transportation, and will be the same as provided for AED filings for each mode under the Trade Act regulations, which are as follows: • For vessel cargo, the filing must be received by CBP 24 hours before the cargo is laden aboard the vessel at the foreign port. 19 CFR 4.7 and 4.7a 145.31. For all other shipments, the required time frame to file an enhanced entry varies depending on the mode of transportation, and will be the same as provided for AED filings for each mode under the Trade Act regulations, which are as follows: • For vessel cargo, the filing must be received by CBP 24 hours before the cargo is laden aboard the vessel at the foreign port. 19 CFR 4.7 and 4.7a. • For air cargo, the filing must be received by CBP either: (1) no later than the time of the departure of the aircraft for the United States, 40 in the case of aircraft that depart for the United States from any foreign port or place in North America, including locations in Mexico, Central America, South America (from north of the Equator only), the Caribbean, and Bermuda; or (2) no later than four hours prior to the arrival of the aircraft in the United States, in the case of aircraft that depart for the United States from any foreign area other than those specified in 19 CFR 122.48a(b)(1). 19 CFR 122.48a(b)(1). 40 The trigger time is no later than the time that wheels are up on the aircraft, and the aircraft is en route directly to the United States. 68 FR 68140; see also, 19 CFR 122.48a(b). • For rail cargo, the filing must be received by CBP no later than two hours prior to the cargo reaching the first port of arrival in the United States. 19 CFR 123.91. • For truck cargo, the filing must be received by CBP no later than either 30 minutes or one hour prior to the carrier's reaching the first port of arrival in the United States, or such lesser time as authorized, based upon the CBP-approved system employed to present the information. 19 CFR 123.92. If the required information has not been transmitted by the time frames specified, those shipments will not receive a release message upon arrival of the conveyance. Such shipments will be held for additional action, such as an exam or document review before a manual clearance may be given time as authorized, based upon the CBP-approved system employed to present the information. 19 CFR 123.92. If the required information has not been transmitted by the time frames specified, those shipments will not receive a release message upon arrival of the conveyance. Such shipments will be held for additional action, such as an exam or document review before a manual clearance may be given. In order to account for the various types of merchandise that may be entered subject to the administrative exemption, the data elements required for the enhanced entry process are split into subparagraphs (1) and (2). Subparagraph (1) data must be transmitted for all shipments. The data in subparagraph (2) may not be applicable to all shipments, but if the data exists, it must be transmitted. CBP may request supporting documentation to conduct verification of any of the data elements. Under proposed § 143.23(l)(1), the following data elements must be transmitted for all shipments: (i) Clearance Tracing Identification Number (CTIN) The CTIN refers to the individual bill of lading number or other unique identification number used to associate the merchandise on the individual bill of lading with the eligible imported merchandise for which entry is sought. (ii) Country of Shipment of the Merchandise This refers to the country where the goods were located when the shipment was created for exportation to the United States. For example, a good originating in Country A is shipped to a storage facility in Country B and is then sold and prepared for exportation to the United States. It is then transshipped through Country C before arriving in the United States. In this scenario, the country of shipment is Country B. try where the goods were located when the shipment was created for exportation to the United States. For example, a good originating in Country A is shipped to a storage facility in Country B and is then sold and prepared for exportation to the United States. It is then transshipped through Country C before arriving in the United States. In this scenario, the country of shipment is Country B. (iii) 10-Digit Classification of the Merchandise in Chapters 1-97 (and Additionally in Chapters 98-99, if Applicable) of the Harmonized Tariff Schedule of the United States (HTSUS) The 10-digit HTSUS classification must be provided for all shipments unless the HTSUS waiver privilege has been obtained pursuant to paragraph (m) and asserted for the entry. Regardless of whether the waiver privilege is granted, merchandise subject to requirements of other government agencies will always require the HTSUS subheading number to be filed. The intent of collecting HTSUS data is primarily for CBP to verify what partner government agency requirements may apply to the merchandise. Unless otherwise prohibited, a Chapter 98 or Chapter 99 commodity may also be entered under the enhanced entry process. In such cases, the Chapter 98 or Chapter 99 HTSUS classification must be provided in addition to the underlying Chapters 1-97 HTSUS classification for the merchandise. (iv) Additional Data Elements CBP is also requiring at least one of the data elements listed under paragraph (l)(1)(iv). These data elements include the internet address known as the uniform resource locator (URL) to the marketplace's product listing for the merchandise in the entry; product picture; product identifier; and/or a shipment x-ray or other security screening report number verifying completion of foreign security scanning of the shipment. These data elements would be used by CBP to verify the contents of the shipment for admissibility purposes address known as the uniform resource locator (URL) to the marketplace's product listing for the merchandise in the entry; product picture; product identifier; and/or a shipment x-ray or other security screening report number verifying completion of foreign security scanning of the shipment. These data elements would be used by CBP to verify the contents of the shipment for admissibility purposes. CBP intends for the product identifier to be a commercial product identifier such as the part number, stock keeping unit (SKU), or product code. However, CBP is seeking the trade community's input regarding suggestions for acceptable product identifiers. The security screening report number, applicable to ECOs, is also included as one of the four options. CBP seeks the trade community's input about its viability for being submitted as part of the enhanced entry process. Next, proposed § 143.23(l)(2) lists additional information that must be transmitted for all shipments, if applicable. These data elements include: (i) Seller Name and Address The seller is the party that made, or offered or contracted to make, a sale of the merchandise. Seller information is critical to CBP's efforts to identify and interdict shipments of goods that infringe intellectual property rights or are of a substandard quality that renders them otherwise restricted from entry. These goods undercut the competitiveness of U.S. businesses and pose health and safety concerns. s the party that made, or offered or contracted to make, a sale of the merchandise. Seller information is critical to CBP's efforts to identify and interdict shipments of goods that infringe intellectual property rights or are of a substandard quality that renders them otherwise restricted from entry. These goods undercut the competitiveness of U.S. businesses and pose health and safety concerns. (ii) Purchaser Name and Address The purchaser is the last known party to whom the goods are sold, or the party to whom the goods are contracted to be sold, at the time of importation. Importation occurs when a vessel arrives within the limits of a port in the United States with intent then and there to unlade such merchandise. 41 In the case of merchandise imported other than by vessel, importation occurs when the merchandise arrives within the customs territory of the United States. 42 41 19 CFR 101.1. 42 Id. Although this data element may seem to overlap with the data elements in § 143.23(k)(3) and (8), that would not always be the case. One of the main purposes of this proposed rule is to try to capture all the parties involved with complex e-commerce transactions. It is possible, for example, that Party A purchases a product on an online marketplace from Party B to be sent to Party C's address in the United States. In this scenario, it is possible that the name of Party B could be provided in § 143.23(k)(3) as the owner, and the name of Party C is provided in § 143.23(k)(8) as the final deliver-to party in the United States. Without this separate data element requesting the name and address of the purchaser, CBP would not know the party who initiated this transaction ( i.e., Party A). in the United States. In this scenario, it is possible that the name of Party B could be provided in § 143.23(k)(3) as the owner, and the name of Party C is provided in § 143.23(k)(8) as the final deliver-to party in the United States. Without this separate data element requesting the name and address of the purchaser, CBP would not know the party who initiated this transaction ( i.e., Party A). (iii) Any Data or Documents Required by Other Government Agencies If the merchandise is subject to any PGA data reporting requirements, the filer must transmit the PGA Message Set and file any supporting documentation via the Document Image System (DIS). 43 43 See the December 13, 2013 Federal Register notice (78 FR 75931) for a further discussion of the PGA Message Set and the October 15, 2015 Federal Register notice (80 FR 62082) for a further discussion of DIS. (iv) Advertised Retail Product Description This refers to the exact product description as listed in the advertisement for sale. This must include a description that is more detailed than what is provided on the manifest. For example, products listed on online marketplaces include detailed descriptions of the merchandise, dimensions, weight, etc. (v) Marketplace Name and Website or Phone Number This refers to the party that provides an internet ( e.g., online, website, application (“app”), electronic mail) or telephonic ( e.g., telephone, television, or catalog) means of offering products for sale. The marketplace may be a seller or a third party offering products on behalf of a seller. 4. HTSUS Waiver Privilege The proposed enhanced entry process requires the submission of a 10-digit HTSUS classification for determining whether the merchandise is subject to PGA data requirements. CBP understands that many companies have their own internal risk assessment processes, which include ways to determine whether imported merchandise is subject to PGA requirements try process without providing the 10-digit HTSUS classification, when the imported merchandise is not subject to PGA requirements. A party eligible to make an enhanced entry may apply for the HTSUS waiver privilege by submitting an application containing the information in paragraph (m)(2) to the Director, Cargo Security and Controls Division, Office of Field Operations, at ecommerce@cbp.dhs.gov. The application process must include information demonstrating that the applicant does not import goods subject to PGA requirements or it must have in place documented internal controls used in the ordinary course of business to identify PGA goods with certainty. An applicant must demonstrate that the internal controls allow the applicant to properly classify merchandise under the HTSUS at the 10-digit classification, determine whether merchandise is subject to the requirements of other government agencies, and determine whether merchandise is otherwise precluded by law from eligibility for the administrative exemption under 19 U.S.C. 1321(a)(2)(C). Participation in the Customs Trade Partnership Against Terrorism (CTPAT) program does not guarantee approval of an application, but may be considered along with other factors on a case-by-case basis. The Office of Field Operations, in consultation with the Office of Trade, will make the determination to grant or deny the application on a case-by-case basis. CBP will respond to applications within 60 days of receipt. CBP will conduct periodic compliance reviews of privileges granted. CBP may revoke the privilege at any time if it determines that a company's internal controls fall below the standards set by CBP, as proposed in 19 CFR 143.23(m)(2)(ii). If a company does not agree to participate in a review, then the privilege will be revoked ntinue to file entry under the basic entry process, and CBP proposes to add a clarifying cross-reference to § 143.23(k). Carriers often enter low-value shipments as nominal consignees under the release from manifest process. They will continue to be able to do so under the basic entry process in proposed § 143.23(k). This is not the case, however, under the enhanced process in proposed § 143.23(l). CBP proposes to add new paragraph (c) to § 143.26 that establishes an exception for enhanced entries regarding the parties who may make entry and the standard of care required. CBP proposes that an enhanced entry under § 143.23(l) may be entered using reasonable care, by the owner or purchaser of the shipment, an express consignment operator or carrier in possession of the shipment (see § 128.1(a)), or when appropriately designated by the owner, purchaser, or consignee of the shipment, a customs broker. The filing of a basic or an enhanced entry, like the filing of any entry, is considered “customs business” under 19 U.S.C. 1641. 44 CBP notes that customs brokers must be authorized to conduct customs business on behalf of another party through a valid power of attorney and must comply with all other statutory and regulatory requirements applicable to brokers. 45 This proposed rule does not preclude further amendments of the regulations at a later date to include other enhanced entry filers, including possibly the United States Postal Service. Any such expansion would be considered in a future rulemaking. 44 Pursuant to 19 U.S.C. 1641, “customs business” is defined as those activities involving transactions with CBP concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by CBP on merchandise by reason of its importation, or the refund, rebate, or drawback of those duties, taxes, or other charges ax will continue to remain available. Under the current method, the information needed for entry and release is supplied in the documentation accompanying the mail package. Generally, this documentation consists of the customs declaration and invoice or bill of sale (or, in the case of merchandise not purchased or consigned for sale, a statement of the fair retail value in the country of shipment). 48 47 This rulemaking does not place any new requirements on the U.S. Postal Service to provide data to CBP and does not impose any new liabilities on it. 48 19 CFR 145.11. Lastly, CBP proposes to replace the word “will” with “may” in the first sentence of § 145.31 and the word “shall” with “may” in the first sentence of § 145.32 to reflect that CBP has the discretion to require formal entry for any low-value shipment. 49 49 19 CFR 143.22 and 145.12(a)(1). VII. Statutory and Regulatory Reviews A. Executive Orders 12866, 13563, and 14094 Executive Orders 13563 (Improving Regulation and Regulatory Review) and 12866 (Regulatory Planning and Review), as amended by Executive Order 14094 (Modernizing Regulatory Review), direct agencies to assess the costs and benefits of available regulatory alternatives, and if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rulemaking is a “significant regulatory action” under section 3(f)(1) of Executive Order 12866, as amended by Executive Order 14094, because the rulemaking would have an annual effect of $200 million or more during at least one year of the analysis. A regulatory impact analysis, entitled Entry of Low-Value Shipments (ELVS) Rulemaking, has been included in the docket of this rulemaking (docket number [USCBP-2025-0002]) ificant regulatory action” under section 3(f)(1) of Executive Order 12866, as amended by Executive Order 14094, because the rulemaking would have an annual effect of $200 million or more during at least one year of the analysis. A regulatory impact analysis, entitled Entry of Low-Value Shipments (ELVS) Rulemaking, has been included in the docket of this rulemaking (docket number [USCBP-2025-0002]). The following presents a summary of the aforementioned regulatory impact analysis. 1. Purpose of the Rule Section 321(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)), as amended by the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), section 901, Public Law 114-125, 130 Stat. 122, authorizes administrative exemptions from duty and tax for three categories of articles. These categories include: bona-fide gifts valued at $100 or less ($200, if the gift is from certain island possessions) sent from persons in foreign countries to persons in the United States; certain personal or household articles valued at $200 or less accompanying persons arriving in the United States; and other articles when the value of the article is $800 or less. 50 These exemptions are subject to the condition that the aggregate fair retail value in the country of shipment of articles imported by one person on one day and exempted from duty cannot exceed the authorized amounts. Also, these exemptions are not to be granted if merchandise covered by a single order or contract is forwarded in separate lots to obtain the benefit of duty- and tax-free entry. 50 19 U.S.C. 1321(a)(2). This proposed rulemaking primarily concerns shipments covered by the administrative exemption in 19 U.S.C. 1321(a)(2)(C), i.e., shipments of merchandise (other than bona-fide gifts and certain personal and household goods accompanying travelers arriving from abroad) imported by one person on one day having an aggregate fair retail value in the country of shipment of not more than $800 321(a)(2). This proposed rulemaking primarily concerns shipments covered by the administrative exemption in 19 U.S.C. 1321(a)(2)(C), i.e., shipments of merchandise (other than bona-fide gifts and certain personal and household goods accompanying travelers arriving from abroad) imported by one person on one day having an aggregate fair retail value in the country of shipment of not more than $800. For simplicity, all references to “the administrative exemption” in this document will be to the administrative exemption found in 19 U.S.C. 1321(a)(2)(C). References made to the other administrative exemptions in 19 U.S.C. 1321(a)(2) will be specified as appropriate. In addition, this document refers to shipments not exceeding $800 as “low-value shipments.” 51 Low-value shipments that qualify for the administrative exemption in 19 U.S.C. 1321(a)(2)(C) are referred to as “qualifying low-value shipments.” The administrative exemption is implemented in part 10 of title 19 of the Code of Federal Regulations (19 CFR part 10) at 19 CFR 10.151 and 10.153, and is also referenced in 19 CFR parts 128, 143, and 145. 51 These shipments are also commonly referred to as “ de minimis” shipments. Goods exceeding the de minimis limit ($800) or not satisfying all other statutory and regulatory requirements are not eligible for the administrative exemption and may not use the entry procedures for qualifying low-value shipments. Such goods must be entered using the appropriate formal or informal entry procedure and may be subject to duties and tax as provided by law. Put simply, qualifying low-value shipments must be entered in limited quantities per recipient (so as not to exceed the value limit). Everyday examples of typical low-value shipments might include cosmetics, a sweater, or a phone charger purchased from an online retailer. Over the past eight years, the number of low-value shipments entering the United States has increased dramatically, from approximately 139 million shipments in 2015 to over 1 billion in 2023 ited quantities per recipient (so as not to exceed the value limit). Everyday examples of typical low-value shipments might include cosmetics, a sweater, or a phone charger purchased from an online retailer. Over the past eight years, the number of low-value shipments entering the United States has increased dramatically, from approximately 139 million shipments in 2015 to over 1 billion in 2023. 52 This increase in shipment volume poses significant challenges for CBP, which must mitigate the risk of illicit items entering the country. Illicit items may include items that pose potential health, safety, and economic security threats; however, the illegal importation of illicit fentanyl via the smaller parcels that characterize low-value shipments is of particular concern. 53 52 Data provided by CBP's Office of Field Operations on July 6, 2023 (FY2015) and CBP's Office of Trade on November 8, 2023 (FY2023). 53 Fentanyl is a potent synthetic opioid that is contributing to the ongoing opioid crisis in the United States. To facilitate the flow of legitimate trade while also mitigating risks associated with the substantial increase in the number of low-value shipments, in September 2019, CBP launched a test program, called the “Entry Type 86 Test.” The test program is voluntary and open to all trade participants, and it modernizes the submission of entry data for these low-value shipments by providing for an electronic entry and clearance process. This process results in faster clearance times for these shipments, a benefit to the trade and consumers, and reduces the amount of manual time that must be spent by CBP officers clearing goods that are considered low risk. As an additional benefit, the test program allows certain low-value shipments subject to the requirements of partner government agencies (PGAs) like the U.S. Food and Drug Administration (FDA) or the U.S. Department of Agriculture (USDA) to be entered without filing an informal type 11 or formal entry nt of manual time that must be spent by CBP officers clearing goods that are considered low risk. As an additional benefit, the test program allows certain low-value shipments subject to the requirements of partner government agencies (PGAs) like the U.S. Food and Drug Administration (FDA) or the U.S. Department of Agriculture (USDA) to be entered without filing an informal type 11 or formal entry. For any dutiable merchandise, filing an informal type 11 or formal entry requires the payment of duties even for qualifying low-value shipments that would otherwise be exempt under the administrative exemption. In exchange for improved clearance times and the ability to use the administrative exemption for low-value goods subject to PGA requirements, as part of the electronic filing process, trade participants provide additional information about each shipment. This additional information allows CBP to better identify and focus on relatively higher-risk shipments, such as those suspected of containing illicit fentanyl. Although these shipments are low value, they pose the same potential health, safety, and economic security risks as larger and more traditional containerized shipments. In FY 2023, the overwhelming majority of CBP actions on inadmissible cargo were taken against low-value goods. Of 107,300 seizures across all cargo types, 93,065 (87 percent) were seizures of low-value cargo. 54 CBP faces significant challenges in targeting these low-value shipments, while still maintaining the clearance speeds the private sector has come to expect. 54 Seizure statistics provided by CBP subject matter experts on September 27, 2024. These data are from CBP's seizure database (SEACATS) and are specifically cargo-related seizures and do not include seizures in the passenger environment or seizures performed by U.S. Border Patrol or Air and Marine Operations f the trade community have begun utilizing entry type 86 for some or all of their low-value shipments. Previously, these filers would have utilized release from manifest (including shipments entered through the express environment) or formal or informal entry ( i.e., type 01 or 11). From CBP's perspective, the test has been successful, but certain modifications can close identified security gaps. The modernization of the filing process for these shipments was essential to facilitating the flow of trade. Absent an automated CBP process, under current funding and staffing constraints, CBP would have faced significant challenges processing the current quantity of low-value shipments under the release from manifest process. However, to achieve significant security improvements and better facilitate the flow of legitimate trade, CBP believes the transmission of additional information about the contents of each shipment is necessary. In this rulemaking, CBP proposes codifying the successful elements of the Entry Type 86 Test, including the provision of an electronic entry and automated clearance process for qualifying low-value shipments and duty- and tax-free entry for qualifying low-value PGA goods, while also adding new data requirements to the entry filing. As an example, filers may choose to provide an internet address, known as the uniform resource locator (URL), to the product's online listing or another image of the product as part of the entry filing. 55 The data collected through this “enhanced entry process” will further improve CBP's ability to quickly release legitimate qualifying low-value shipments, allowing its officers to focus on targeting higher-risk shipments. Ultimately, CBP anticipates this increased focus on higher-risk shipments will improve its ability to intercept illicit goods, such as fentanyl uct as part of the entry filing. 55 The data collected through this “enhanced entry process” will further improve CBP's ability to quickly release legitimate qualifying low-value shipments, allowing its officers to focus on targeting higher-risk shipments. Ultimately, CBP anticipates this increased focus on higher-risk shipments will improve its ability to intercept illicit goods, such as fentanyl. Importantly, under the proposed rule, use by the trade of the enhanced entry process continues to be voluntary; CBP will also continue to offer a process similar to the existing release from manifest process with more limited data requirements, referred to as the “basic entry process.” 55 For a complete list of the proposed changes to the data elements required for the enhanced entry process, please see chapter 1 of the full regulatory impact analysis included in the docket of this rulemaking. The report accompanying this NPRM includes two separate analyses. First, we estimate the incremental benefits and costs of the Entry Type 86 Test, beginning in 2020 and assuming that the test would continue uninterrupted in the future (through 2034) in the absence of this rulemaking effort. CBP believes this assumption is reasonable because both CBP and industry participants have made significant logistical and administrative changes in order to achieve the benefits of electronic entry and clearance. Second, we estimate the future incremental benefits and costs of the proposed rule, which creates the new, voluntary enhanced entry process and retains, with minor revisions, the current release from manifest process. We estimate these incremental benefits and costs relative to a baseline (counterfactual) scenario where entry type 86 remains an option for entering qualifying low-value shipments into the United States PGA shipments are subject to fees, which are separate and distinct from duties and taxes. Shipments subject to PGA fees may not use the enhanced entry process for low-value shipments and instead must file a formal or informal type 11 entry, or other appropriate type of entry. Qualifying low-value PGA shipments that are not subject to any PGA fees will be eligible to use the enhanced entry process. Finally, the current default clearance process for qualifying low-value shipments, known as the “release from manifest” process, will continue to be offered with some modifications described below, and will be referred to as the “basic entry process.” The basic entry process may not be utilized for goods subject to PGA data requirements. 60 60 Please see chapter 1 of the full regulatory impact analysis included in the docket of this rulemaking for a detailed discussion of the data elements required for the enhanced and basic entry processes. CBP considered two additional regulatory alternatives; neither alternative is embodied in this NPRM. First, CBP considered a less stringent alternative formalizing the Entry Type 86 Test through a rulemaking that would make entry type 86 permanent. This scenario represents a continuation of existing entry options for low-value shipments under the test with no changes to entry processes or required data elements. Second, CBP considered a more stringent regulatory alternative in which the enhanced entry process did not include an option for filers to obtain a HTSUS waiver privilege (“waiver”) from CBP. This waiver is intended for filers with demonstrated capabilities and histories of segmenting out goods subject to PGA requirements. The waiver lifts the data requirement for the 10-digit Harmonized Tariff Schedule of the United States (HTSUS) classification as part of the enhanced entry for qualifying low-value goods that are not subject to PGA requirements. Under this regulatory alternative, such a waiver would not be made available to any filers : The primary benefit is faster release of low-value shipments into commerce resulting from the automated clearance process. These benefits are quantified based on peer-reviewed literature estimating willingness to pay for saving a day of transit time per shipment. 64 In addition, the Entry Type 86 Test has improved CBP's ability to target inadmissible goods, resulting in security-related benefits. 64 Please see chapters 3 and 5 of the full regulatory impact analysis included in the docket of this rulemaking for additional information. • Costs: Administrative implementation costs focus on activities such as software reprogramming, staff training, and additional data collection. These implementation costs are offset by administrative cost savings associated with reduced CBP officer time reviewing documentation and reduced administrative time preparing filings for shipments that switch from informal type 11 or formal entry to entry type 86. Relevant unit costs and cost savings are estimated based on interviews with the trade and CBP staff. 65 65 Please see chapters 3 and 4 of the full regulatory impact analysis included in the docket of this rulemaking for additional information. • Transfers: Two types of transfers are likely, including reduced revenues to the U.S. Government due to importers opting for entry type 86 instead of entry types subject to express fees 66 ( i.e., manifest clearance in express hubs) and tariffs ( i.e., informal type 11 or formal entries). These revenues are estimated based on express fees published in the Federal Register and tariff rates available from the U.S. International Trade Commission. 67 66 19 U.S.C. 58c(b)(9)(A)(ii); 19 CFR 24.23(b). The express fee refers to the express consignment carrier/centralized hub facility fee, per individual waybill/bill of lading. 67 Please see chapters 3 and 5 of the full regulatory impact analysis included in the docket of this rulemaking for additional information 12,234,507 3,234,982,100 Annualized (2 percent) b 178,675,386 4,838,429 435,603,206 609,440,162 Future Impacts 2025 340,874,571 7,072,475 784,230,396 1,118,032,491 2026 369,991,920 7,597,365 851,218,997 1,213,613,552 2027 399,109,270 8,122,254 918,207,598 1,309,194,614 2028 428,226,620 8,647,144 985,196,199 1,404,775,675 2029 457,343,969 9,172,033 1,052,184,800 1,500,356,736 2030 486,461,319 9,696,922 1,119,173,401 1,595,937,797 2031 515,578,669 10,221,812 1,186,162,002 1,691,518,859 2032 544,696,018 10,746,701 1,253,150,603 1,787,099,920 2033 573,813,368 11,271,591 1,320,139,204 1,882,680,981 2034 602,930,718 11,796,480 1,387,127,805 1,978,262,042 Total undiscounted 4,719,026,442 94,344,777 10,856,791,003 15,481,472,668 Total present value (2 percent) a 4,280,128,169 85,655,755 9,847,043,148 14,041,515,561 Annualized (2 percent) c 423,111,089 8,467,480 973,427,194 1,388,070,803 Past and Future Impacts (2020-2034) Total undiscounted 5,625,863,843 118,669,187 13,063,897,993 18,571,092,649 Total present value (2 percent) a 5,228,558,729 111,338,723 12,159,277,655 17,276,497,661 Annualized (2 percent) d 361,328,921 7,694,262 840,288,674 1,193,923,333 Notes: We present unrounded values in the table to facilitate replication of our analysis. For reporting purposes, and to reflect the uncertainty inherent in these estimates, we recommend rounding these estimates to two significant figures. Table does not include transfers (see Table 2 for transfers). a Present value calculations use 2025 as the base year. b Benefits, costs, and net benefits for past years are annualized over a 5-year period from 2020 to 2024. c Benefits, costs, and net benefits for future years are annualized over a 10-year period from 2025 to 2034. d Benefits, costs, and net benefits for all years are annualized over a 15-year period from 2020 to 2034 Table 2 for transfers). a Present value calculations use 2025 as the base year. b Benefits, costs, and net benefits for past years are annualized over a 5-year period from 2020 to 2024. c Benefits, costs, and net benefits for future years are annualized over a 10-year period from 2025 to 2034. d Benefits, costs, and net benefits for all years are annualized over a 15-year period from 2020 to 2034. Table 2 illustrates the effects of the Entry Type 86 Test from 2025 through 2034 by presenting a distribution of the benefits, costs, cost savings, transfers, and net benefits experienced by each entity type. Administrative implementation activities produce an annualized net benefit of approximately $960 million (2 percent discount rate, 2023 dollars) and improvements in clearance time produce an annualized net benefit of approximately $420 million (2 percent discount rate, 2023 dollars). Changes in express fees and tariffs paid by consignees are considered to be transfers, producing $0 in net benefits. Importantly, impacts on social welfare and fiscal impacts are not additive; the former represents estimates of willingness to pay and opportunity costs, while the latter reflects changes in revenue. Table 2—Summary of Entry Type 86 Test Annualized Impacts by Entity Type From 2025-2034 [2 Percent discount rate, in 2023 dollars] Effect U.S. Government Trade/consumers Net effect Impacts on Social Welfare Administrative Implementation $972,773,259 ($7,813,546) $964,959,714 Transmitting Data 0 (7,267,112) (7,267,112) Programming (227,558) (612,630) (840,188) Training 0 0 0 Collecting New Data Elements 0 (360,180) (360,180) Time Savings 973,000,818 426,376 973,427,194 Improved Clearance Time 0 423,111,089 423,111,089 Total Increase in Social Welfare 972,773,259 415,297,543 1,388,070,803 Fiscal Impacts (Transfers) Tariffs (2,095,103,797) 2,095,103,797 0 Express Fees (163,886,413) 163,886,413 0 Total Fiscal Impacts (2,258,990,211) 2,258,990,211 0 Notes: We present unrounded values in the table to facilitate replication of e Savings 973,000,818 426,376 973,427,194 Improved Clearance Time 0 423,111,089 423,111,089 Total Increase in Social Welfare 972,773,259 415,297,543 1,388,070,803 Fiscal Impacts (Transfers) Tariffs (2,095,103,797) 2,095,103,797 0 Express Fees (163,886,413) 163,886,413 0 Total Fiscal Impacts (2,258,990,211) 2,258,990,211 0 Notes: We present unrounded values in the table to facilitate replication of our analysis. For reporting purposes, and to reflect the uncertainty inherent in these estimates, we recommend rounding these estimates to two significant figures. Costs are shown using parentheses. a Present value calculations use 2025 as the base year. b Impacts are annualized over 10 years from 2025 to 2034. We estimate the annualized impacts from the perspective of an individual in 2020, when entities started incurring costs or benefits related to the Entry Type 86 Test. This reflects the equal payment that would need to be made in each of the 10 years to equal the total present value of the costs and benefits. The full regulatory impact analysis included in the docket of this rulemaking provides detailed discussions of key sources of uncertainty related to costs, benefits, and transfers of the Entry Type 86 Test. The full regulatory impact analysis also includes a quantitative sensitivity analysis to highlight the importance of key assumptions and presents the results in appendix A. 5. Proposed Rule Benefits, Costs, and Transfers This proposed rule updates the data elements currently required under the Entry Type 86 Test. We estimate impacts likely to be experienced by CBP, customs brokers, software providers, ECOs, and consignees due to the provision of these additional data elements. While the proposed rule is expected to produce security benefits, we are unable to quantify these benefits in this analysis due to data limitations. 68 As with our analysis of the Entry Type 86 Test, we estimate costs of the proposed rule using information obtained through discussions with CBP and interviews with the trade COs, and consignees due to the provision of these additional data elements. While the proposed rule is expected to produce security benefits, we are unable to quantify these benefits in this analysis due to data limitations. 68 As with our analysis of the Entry Type 86 Test, we estimate costs of the proposed rule using information obtained through discussions with CBP and interviews with the trade. 69 Key cost categories include administrative implementation activities, such as software reprogramming, staff training, and additional data collection. Incremental changes in tariff or fee revenue relative to Baseline 1 are not anticipated. 68 Please see chapter 9 of the full regulatory impact analysis included in the docket of this rulemaking for additional information. 69 Please see chapter 8 of the full regulatory impact analysis included in the docket of this rulemaking for additional information. For the three regulatory alternatives considered by CBP, we estimate the anticipated benefits, costs, and transfers under two baseline scenarios. We first consider the incremental effects of the proposed rule relative to a baseline scenario where CBP continues to implement the Entry Type 86 Test. This scenario reflects the most likely forecast of available entry types absent the proposed rule. CBP is not currently equipped to handle the now-sizable low-value shipment volumes manually without any automated clearance process like entry type 86. Reverting to an entirely manual process would be infeasible and contrary to CBP's mission to facilitate the entry of legitimate goods into the United States. We also present results considering an alternative baseline scenario regarding the future availability of an automated entry process in the absence of a new rule t volumes manually without any automated clearance process like entry type 86. Reverting to an entirely manual process would be infeasible and contrary to CBP's mission to facilitate the entry of legitimate goods into the United States. We also present results considering an alternative baseline scenario regarding the future availability of an automated entry process in the absence of a new rule. This alternative baseline scenario assumes that, beginning in 2025, the technology and processes developed for electronic filing and automated clearance under the Entry Type 86 Test would no longer be available for low-value shipments and, effectively, are reinstated with this rulemaking. This baseline scenario is a counterfactual used to illustrate the cumulative effects of this rulemaking and not an announcement of a change to the existing Entry Type 86 Test. The practical result of applying this alternative baseline scenario is an estimate of the cumulative impacts of (1) continuing to leverage the advances made with the implementation of the Entry Type 86 Test, while also (2) making enhancements to the process via the proposed rule. CBP recognizes that the public may have an interest in understanding the combined effect of the program that is being codified in the rulemaking as well as the modifications to the program under consideration in the proposed rule and this baseline scenario allows the reader to do that—the effects, when measured against this baseline scenario, are the total prospective effects of the Entry Type 86 Test and this rulemaking. For the purposes of this analysis, CBP considers the second baseline to be the primary baseline for this rulemaking. Where possible, we quantify and monetize these impacts over a 10-year period from 2025 to 2034. Table 3 provides a summary of the costs, benefits, and transfers resulting from each regulatory alternative, including relevant chapters where these impacts are presented is rulemaking. For the purposes of this analysis, CBP considers the second baseline to be the primary baseline for this rulemaking. Where possible, we quantify and monetize these impacts over a 10-year period from 2025 to 2034. Table 3 provides a summary of the costs, benefits, and transfers resulting from each regulatory alternative, including relevant chapters where these impacts are presented. Table 3—Summary of the Incremental Impacts of Regulatory Alternatives Under Alternative Baseline Scenarios Regulatory alternative a Baseline scenario (2025-2034) Baseline 1: Entry Type 86 Test continues Baseline 2: No Entry Type 86 Test 1. Codify the Entry Type 86 Test Costs, benefits, and transfers are zero Costs, benefits, and transfers of the proposed rule are equivalent to the future impacts estimated for Entry Type 86 Test. b 2. (Preferred) Enhanced entry with HTSUS waiver available Costs, benefits, and transfers are presented in Chapters 7 to 9 of the full analysis Costs, benefits, and transfers of the proposed rule are equal to the sum of the Entry Type 86 Test future impacts and the proposed rule impacts. b 3. Enhanced entry with no HTSUS waiver available Costs, benefits, and transfers are presented in Chapters 7 to 9 of the full analysis, including unquantified costs associated with no waiver provision Costs, benefits, and transfers of the proposed rule are equal to the sum of the Entry Type 86 Test future impacts, the proposed rule impacts, and unquantified costs associated with no waiver provision. b Notes: a Detailed discussion of regulatory alternatives is available in Chapter 10 of the full analysis. b Detailed discussion of future Entry Type 86 Test impacts and this proposed rule's impacts is available in Chapters 3 to 6 and Chapters 7 to 9 of the full analysis respectively. a. Preferred Regulatory Alternative: Baseline 1 (Entry Type 86 Test Continues) Table 4 presents total present value costs assuming a baseline where the Entry Type 86 Test were to continue in the absence of this new regulation iled discussion of future Entry Type 86 Test impacts and this proposed rule's impacts is available in Chapters 3 to 6 and Chapters 7 to 9 of the full analysis respectively. a. Preferred Regulatory Alternative: Baseline 1 (Entry Type 86 Test Continues) Table 4 presents total present value costs assuming a baseline where the Entry Type 86 Test were to continue in the absence of this new regulation. Because benefits are unquantified, we are unable to calculate the likely net benefits of the proposed rule. Total present value costs of the proposed rule over the 10-year period of analysis are estimated to be approximately $110 million (2023 dollars), assuming a discount rate of 2 percent. Table 4—Summary of Proposed Rule Benefits and Costs—Baseline 1: Entry Type 86 Test Continues [In 2023 dollars] Fiscal year Benefits Costs c Net benefits d 2025 Positive Unquantified $91,854,198 2026 Positive Unquantified 2,139,656 2027 Positive Unquantified 2,184,004 2028 Positive Unquantified 2,228,352 2029 Positive Unquantified 2,272,700 2030 Positive Unquantified 2,317,048 2031 Positive Unquantified 2,361,396 2032 Positive Unquantified 2,405,744 2033 Positive Unquantified 2,450,092 2034 Positive Unquantified 2,494,440 Total undiscounted Positive Unquantified 112,707,628 Total present value (2 percent) a Positive Unquantified 110,718,728 Annualized present value (2 percent) b Positive Unquantified 12,084,247 Notes: a Present value calculations use 2025 as the base year. b Costs are annualized over a 10-year period from 2025 to 2034. c We present unrounded values in the table to facilitate replication of our analysis. For reporting purposes, and to reflect the uncertainty inherent in these estimates, we recommend rounding these estimates to two significant figures. d Net benefits are uncertain due to our inability to quantify the likely incremental security benefits of the proposed rule. Table 5 presents the distribution of costs and benefits by entity type assuming a baseline where the Entry Type 86 Test exists lements 0 (711,504) (711,504) Time Savings 0 0 0 Improved Clearance Time 0 0 0 Security Positive Unquantified Positive Unquantified Positive Unquantified Total Increase in Social Welfare (680,248) (11,403,999) (12,084,247). Fiscal Impacts (Transfers) Tariffs 0 0 0 Express Fees 0 0 0 Total Fiscal Impacts 0 0 0 Notes: We present unrounded values in the table to facilitate replication of our analysis. Costs are shown using parentheses. a Present value calculations use 2025 as the base year. b Costs are annualized over 10 years from 2025 to 2034. The full regulatory impact analysis included in the docket of this rulemaking provides detailed discussions of key sources of uncertainty related to costs, benefits, and transfers of this proposed rule. The full regulatory impact analysis also includes a quantitative sensitivity analysis to highlight the importance of key assumptions and presents the results in appendix A. b. Preferred Regulatory Alternative: Baseline 2 (No Entry Type 86 Test) Table 6 presents total present value costs assuming a baseline where the Entry Type 86 Test does not exist. Because security benefits of the Entry Type 86 Test and the proposed rule are unquantified, the likely cumulative net benefits of these interventions are underestimated. Assuming a baseline without the Entry Type 86 Test, total present value net benefits over the 10-year period of analysis are estimated to be at least $14 billion (2023 dollars), assuming a discount rate of 2 percent nding these estimates to two significant figures. a Present value calculations use 2025 as the base year. b Benefits, costs, and net benefits are annualized over a 10-year period from 2025 to 2034. c Benefits are underestimated due to our inability to quantify the anticipated security-related benefits of the proposed rule. These values reflect only the quantified benefits of the Entry Type 86 Test. The total benefits associated with a baseline without the Entry Type 86 Test would be the values presented in this table as well as additional positive unquantified benefits. d Net benefits are underestimated due to our inability to quantify the likely incremental security benefits of the proposed rule. Table 7 presents the distribution of costs and benefits by entity type assuming a baseline where the Entry Type 86 Test does not exist. Administrative implementation activities are likely to produce a positive annualized net benefit of approximately $950 million (2 percent discount rate, 2023 dollars) and improvements in clearance time produce a positive annualized net benefit of approximately $420 million (2 percent discount rate, 2023 dollars). Security-related effects, including providing the data needed to help interdict illicit fentanyl, result in positive benefits that we are unable to quantify due to data limitations. Changes in express fees and tariffs paid by consignees are considered to be revenue transfers, producing $0 in net benefits. Importantly, impacts on social welfare and fiscal impacts are not additive; the former represents estimates of willingness to pay and opportunity costs, while the latter reflects changes in revenue. Table 7—Summary of Proposed Rule Annualized Impacts by Entity Type—Baseline 2: No Entry Type 86 Test [2 Percent discount rate, in 2023 dollars] Effect U.S nue transfers, producing $0 in net benefits. Importantly, impacts on social welfare and fiscal impacts are not additive; the former represents estimates of willingness to pay and opportunity costs, while the latter reflects changes in revenue. Table 7—Summary of Proposed Rule Annualized Impacts by Entity Type—Baseline 2: No Entry Type 86 Test [2 Percent discount rate, in 2023 dollars] Effect U.S. Government Trade/consumers Subtotal Impacts on Social Welfare Administrative Implementation $972,093,012 ($19,217,545) $952,875,467 Transmitting Data 0 (7,267,112) (7,267,112) Programming (907,806) (11,269,675) (12,177,481) Training 0 (35,450) (35,450) Collecting New Data Elements 0 (1,071,684) (1,071,684) Time Savings 973,000,818 426,376 973,427,194 Improved Clearance Time 0 423,111,089 423,111,089 Security Positive Unquantified Positive Unquantified Positive Unquantified Total Increase in Social Welfare 972,093,012 403,893,545 1,375,986,556 Fiscal Impacts (Transfers) Tariffs (2,095,103,797) 2,095,103,797 0 Express Fees (163,886,413) 163,886,413 0 Total Fiscal Impacts (2,258,990,211) 2,258,990,211 0 Notes: We present unrounded values in the table to facilitate replication of our analysis. Costs are shown using parentheses. a Present value calculations use 2025 as the base year. b Costs are annualized over 10 years from 2025 to 2034. The full regulatory impact analysis included in the docket of this rulemaking provides detailed discussions of key sources of uncertainty related to costs, benefits, and transfers of this proposed rule. The full regulatory impact analysis also includes a quantitative sensitivity analysis to highlight the importance of key assumptions and presents the results in appendix A. c. Summary of Regulatory Alternatives Table 8 summarizes estimates of net benefits for each regulatory alternative relative to the two different baseline scenarios described earlier its, and transfers of this proposed rule. The full regulatory impact analysis also includes a quantitative sensitivity analysis to highlight the importance of key assumptions and presents the results in appendix A. c. Summary of Regulatory Alternatives Table 8 summarizes estimates of net benefits for each regulatory alternative relative to the two different baseline scenarios described earlier. Incremental effects estimated relative to Baseline 1 reflect the net benefits of the enhancements to the existing Entry Type 86 Test that will be codified if the proposed rule is finalized. Incremental effects estimated relative to Baseline 2 reflect the cumulative net benefits of continuing to leverage the systems and processes put in place to implement the Entry Type 86 Test in combination with the enhancements included in the proposed rule. To reflect the uncertainty inherent in the analysis presented in this report, we round our results to two significant figures. Table 8—Annualized Net Benefits of Regulatory Alternatives [2 Percent discount rate, in 2023 dollars] a b c Regulatory alternative Baseline scenario Baseline 1: d Entry Type 86 Test continues Baseline 2: e No Entry Type 86 1. Codify Entry Type 86 Test $0 $1.4 billion + unquantified security benefits. 2. (Preferred) Enhanced entry with HTSUS waiver available −$12 million + unquantified security benefits associated with enhanced data elements (e.g., URL) $1.4 billion + unquantified security benefits associated with HTSUS and enhanced data elements (e.g., URL). 3. Enhanced entry with no HTSUS waiver available −$12 million + unquantified security benefits associated with enhanced data elements (e.g., URL) −unquantified costs of obtaining HTSUS codes if no waiver is available $1.4 billion + unquantified security benefits associated with HTSUS and enhanced data elements (e.g., URL)−unquantified costs of obtaining HTSUS codes if no waiver is available URL). 3. Enhanced entry with no HTSUS waiver available −$12 million + unquantified security benefits associated with enhanced data elements (e.g., URL) −unquantified costs of obtaining HTSUS codes if no waiver is available $1.4 billion + unquantified security benefits associated with HTSUS and enhanced data elements (e.g., URL)−unquantified costs of obtaining HTSUS codes if no waiver is available. Notes: a To reflect the uncertainty inherent in these estimates, we round estimates to two significant figures. b Net benefits are annualized over a 10-year period from 2025-2034. c Implementation of the Entry Type 86 Test also results in substantive transfers between the U.S. Government and consumers in the form of reduced tariffs and fees. These transfers are summarized in Table 2. Because the transfers represent off-setting costs to the U.S. Government and benefits to consumers, their net benefit is $0. The enhancements considered in the proposed rule are unlikely to result in additional transfers. d Incremental effects estimated relative to Baseline 1 reflect the net benefits of the enhancements to the existing Entry Type 86 Test that will be codified if the proposed rule is finalized. e Incremental effects estimated relative to Baseline 2 reflect the cumulative net benefits of continuing to leverage the systems and processes put in place to implement the Entry Type 86 Test in combination with the enhancements included in the proposed rule. B. Additional Requirements for Regulatory Analysis Table 9 provides a cost accounting statement for the proposed rule where the baseline includes the Entry Type 86 Test. Table 10 provides the analogous information assuming the Entry Type 86 Test did not exist. Table 9—A-4—Accounting Statement for the Proposed Rule—Baseline 1 [Entry Type 86 Test continues] Category Annualized estimate (in 2023 dollars) 1 Benefits: Monetized benefits None. Quantified, non-monetized benefits None fers: Monetized budgetary transfers $2.3 billion. Other monetized transfers None. Distributional Effects: Effects on State, local, and/or tribal governments Effects on small businesses Which entities are affected by the proposed rule depends on whether the costs associated with transmitting entry information through the enhanced entry process are passed on to consumers in the form of higher prices. If customs brokers, ECOs, and software providers bear the costs, then at least 314 small businesses may be affected; however, only some medium and large volume brokers and software providers are projected to incur costs that exceed 1 percent of their annual revenues. If consignees bear the costs through increased prices, then any small business, organization, or government jurisdiction importing qualifying low-value goods has the potential to be affected. However, costs to consignees are offset by the value of time savings and reduced tariffs and fees. The net effect is a decrease in the cost per shipment of $2.86, or a savings equal to approximately 8.9% if the value of a shipment. Effects on wages Not anticipated. Effects on growth Not anticipated. C. Regulatory Flexibility Act This section examines the impact on small entities as required by the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq. ), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). The following presents a summary of the small business analysis of the aforementioned regulatory impact analysis included in the docket of this rulemaking (docket number [USCBP-2025-0002]) iness not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). The following presents a summary of the small business analysis of the aforementioned regulatory impact analysis included in the docket of this rulemaking (docket number [USCBP-2025-0002]). This rulemaking will have direct effects on consignees, brokers, ECOs, and software vendors, but it is not clear the extent to which effects are passed on from the brokers, ECOs, and software vendors to the consignees, so CBP conducted the threshold analysis under two scenarios—that all the costs are passed on and that none of the costs are passed on. The analysis demonstrates that under both scenarios, a substantial number of small businesses may be affected by the proposed rule. Assuming brokers, ECOs, and software providers fully bear the costs they incur (Scenario 1), we estimate that 75 percent of sampled entities qualify as small businesses. Extrapolating from a sample to the full population of affected brokers and software providers suggests that at least 314 affected entities are small businesses. 70 Under the alternate assumption that consignees bear the cost of the rule (Scenario 2), any small entity in the United States has the potential to be affected by the rule as a consignee. Analysis of a sample of consignees for one day in 2023 demonstrates that 92 percent of businesses in the sample qualify as small businesses. As such, we conclude that this rulemaking could affect a substantial number of small entities. 70 (71 percent * 364 low-volume brokers) + 16 medium- and high-volume brokers + (86 percent * 46 software providers) = 314 small businesses among the affected industries included in Scenario 1. We next analyze whether the effects of the rule are significant. CBP considers effects of more than one percent of gross annual revenues to be significant andise (other than bona-fide gifts and certain personal and household goods accompanying travelers arriving from abroad) imported by one person on one day and having an aggregate fair retail value in the country of shipment of not more than $800. In 2016, section 901(d) of TFTEA amended 19 U.S.C. 1321(a)(2)(C) by increasing the daily value limit for the administrative exemption from $200 to $800. 73 CBP published an interim final rule amending the regulations to implement the new statutory amount and to specify certain goods excluded from the administrative exemption. 74 Otherwise, CBP has not made any significant changes to the regulatory requirements by which such shipments are entered since 1995. In the nearly three decades since, however, there have been significant changes in the trade environment, substantial increases in the volume of shipments, and advancements to CBP's capabilities that necessitate the modernization of these regulations to better serve both CBP and the trade community. 73 Section 901 did not change the administrative exemptions for bona-fide gifts and personal or household articles accompanying travelers under 19 U.S.C. 1321(a)(2)(A) and (B), respectively. 74 81 FR 58831 (Aug. 26, 2016). Firstly, e-commerce is a growing segment of the U.S. economy and has been increasing significantly for the past several years. 75 Consumer habits are changing as the internet empowers individuals to make purchases online. These advances in economic activity have led to increasing volumes of imports of low-value shipments, creating inspection challenges for CBP. Low-value e-commerce shipments pose the same health, safety, and economic security risks as higher-value shipments. Transnational criminal organizations and other bad actors perceive low-value shipments as less likely to be interdicted because these types of shipments are not subject to the more extensive formal entry procedures on, resulted in new types of products becoming eligible for the exemption, and revived the trade community's interest in the exemption. In fiscal year (FY) 2015, prior to the passage of TFTEA, approximately 139 million shipments valued at $200 or less were imported into the United States. In FY 2017, after the TFTEA increase to $800 went into effect, low-value shipments numbered nearly 325 million. By the end of FY 2022, that number more than doubled to 685 million. Then in FY 2023, CBP cleared more than one billion low-value shipments. Currently, approximately 4 million shipments are released each day free of duty and tax pursuant to the administrative exemption. In fact, CBP estimates that over 90 percent of all shipments entering the United States are low-value shipments valued at $800 or less. 76 The information requirements for these shipments are less rigorous than those required for other entry types, e.g., formal entries, and no longer provide sufficient detail for CBP to accurately identify the merchandise in the shipment and the parties involved in its sale and purchase. This overwhelming volume of low-value shipments and lack of actionable data collected pursuant to the current regulations inhibits CBP's ability to identify and interdict high-risk shipments that may contain illegal drugs such as illicit fentanyl, merchandise that poses a risk to public safety, counterfeits, or other contraband. The new enhanced entry process for low-value shipments proposed in this rulemaking would provide CBP with necessary information regarding the contents of shipments to accurately segment risk and determine eligibility for the administrative exemption in advance of a shipment's arrival in the United States businesses. 78 Extrapolating from the sample to the full population of brokers suggests that approximately 274 brokers are small businesses. This analysis does not identify small businesses among the affected ECOs. Under the alternate assumption that consignees bear the cost of the rule (Scenario 2), any small entity in the United States has the potential to be affected by the rule as a consignee. Analysis of a sample of consignees for one day in 2023 demonstrates that 92 percent of businesses in the sample qualify as small. 78 This includes 71 percent of sampled small-volume brokers, 73 percent of all medium- and large-volume brokers, and none of the sampled major ECOs. 4. A Description of the Projected Reporting, Record-Keeping and Other Compliance Requirements of the Proposed Rule, Including an Estimate of the Classes of Small Entities That Will Be Subject to the Requirement and the Type of Professional Skills Necessary for Preparation of the Report or Record This rule does not establish any new recordkeeping requirements outside of the additional data elements that will be sent to CBP. An enhanced entry may be filed for shipments which meet the requirements of 19 U.S.C. 1321(a)(2)(C) and 19 CFR 10.151, by transmitting to CBP, the individual bill of lading (house bill or equivalent) or other shipping document used to file or support entry, the data elements listed in previous sections for the basic entry process, and the following additional data: 1. Clearance tracing identification number (CTIN). “CTIN” means the individual bill of lading number or a unique identification number used to associate the merchandise on the individual bill of lading with the eligible imported merchandise for which entry is sought; 2. Country of shipment of the merchandise. “Country of shipment” means the country in which the goods were located when the shipment was created for exportation to the United States; 3 inistrative exemption under 19 U.S.C. 1321(a)(2)(C) and the ability to properly segregate such shipments. 4. One or more of the following: a. The uniform resource locator (URL) to the marketplace's product listing; b. Product picture; c. Product identifier; and/or d. Shipment x-ray or other security screening report number verifying completion of foreign security scanning of the shipment. Conditional data elements for enhanced entry: In order for CBP to better assess the risks associated with low-value shipments, the enhanced entry process includes a set of conditional data elements which must be transmitted to CBP if the data elements are applicable to the merchandise in the shipment. (For example, if merchandise is subject to PGA requirements (for item 3 in the list below), then those documents must be submitted. If, however, PGA requirements are not applicable to the merchandise, then that data would not be provided.) 1. Seller name and address; 2. Purchaser name and address; 3. Any data or documents required by other government agencies; 4. Advertised retail product description; and 5. Marketplace name and website or phone number. “Marketplace” means the party that provides an internet ( e.g., online, website, application (“app”), electronic mail) or telephonic ( e.g., telephone, television, or catalog) means of offering products for sale. The marketplace may be a seller or a third party offering products on behalf of a seller. The data elements required for an enhanced entry must be received by CBP on or before the deadline for receipt of advance cargo information, as specified below (varies by mode): • Vessel. The filing must be received by CBP 24 hours before the cargo is laden aboard the vessel at the foreign port. 19 CFR 4.7 and 4.7a. • Air he Extent Practicable, of All Relevant Federal Rules Which May Duplicate, Overlap or Conflict With the Proposed Rule This rule does not duplicate, overlap, or conflict with any other Federal rule. CBP is considering an NPRM that would make goods subject to trade actions ineligible for the administrative exemption. If that NPRM is published and finalized, that rule would supplement this rule. 6. A Description of Any Significant Alternatives to the Proposed Rule That Accomplish the Stated Objectives of Applicable Statutes and That Minimize any Significant Economic Impact of the Proposed Rule on Small Entities There are no significant alternatives that accomplish the stated objectives of the proposed rule. As the majority of the regulated parties are small businesses, this rule would not be effective if CBP limited the rule to other than small businesses. Further, we note that use of the enhanced entry process established by this rule is optional. If a small business does not wish to provide the information required under the enhanced entry process, it may use the basic entry process, which is nearly identical to the release from manifest process used historically, and incur no costs as a result of this rule. E. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), an agency may not conduct, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number assigned by OMB. The collection of information contained in this proposed rule, will be submitted to OMB for review under section 3507(d) of the Paperwork Reduction Act (PRA). The public can direct comments to the Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for Customs and Border Protection. Such comments can be submitted in the regulatory docket for this proposed rule gned by OMB. The collection of information contained in this proposed rule, will be submitted to OMB for review under section 3507(d) of the Paperwork Reduction Act (PRA). The public can direct comments to the Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for Customs and Border Protection. Such comments can be submitted in the regulatory docket for this proposed rule. This rule, if finalized, would formalize the Entry Type 86 Test and alter the information collection under OMB control number 1651-0024 (Entry/Immediate Delivery Application and Simplified Entry). This NPRM announces the data elements required for enhanced entry submissions. Enhanced entry submissions, like entry type 86 entries, are submitted for entries at the house bill level. 79 CBP does not anticipate a change in the number of annual submissions (621,828,643) or number of annual respondents (535) compared to those caused by the Entry Type 86 Test, but will result in an increase to the time per response to submit a master bill an enhanced submission compared to the entry type 86 submission. The collection will be adjusted to reflect the additional 2 minutes per master bill and the increase in total annual burden hours due to the change. The current entry type 86 entries will be converted to the new enhanced entry upon the finalization of this proposed rulemaking and formal OMB approval which will keep the number of submissions equal to the Entry Type 86 Test. The new estimated annual burden for this information collection following OMB approval is 3,843,763 hours. 79 The typical master bill contains approximately 6,000 house bills. Much of the information on the house bills is identical and the submission is largely automated. This results in a higher number of submissions with a lower time burden per submission for entry type 86 and enhanced entry submissions nd Security the authority related to the customs revenue functions vested in the Secretary of the Treasury as set forth in 6 U.S.C. 212 and 215, subject to certain exceptions. This regulation is being issued in accordance with DHS Directive 07010.3, Revision 03.2, which delegates to the Commissioner of CBP the authority to prescribe and approve/sign regulations related to customs revenue functions. Pete Flores, Senior Official Performing the Duties of the Commissioner, having reviewed and approved this document, has delegated the authority to electronically sign this document to the Director (or Acting Director, if applicable) of the Regulations and Disclosure Law Division of CBP, for purposes of publication in the Federal Register . List of Subjects 19 CFR Part 10 Bonds, Exports, Imports, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 101 Harbors, Organization and functions (Government agencies), Seals and insignia, Vessels. 19 CFR Part 128 Administrative practice and procedure, Freight, Reporting and recordkeeping requirements. 19 CFR Part 143 Reporting and recordkeeping requirements. 19 CFR Part 145 Exports, Lotteries, Postal Service, Reporting and recordkeeping requirements. Proposed Amendments to the CBP Regulations For the reasons stated above in the preamble, CBP proposes to amend 19 CFR parts 10, 101, 128, 143, and 145 as set forth below. PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. 1. The general authority citation for part 10 continues to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 4513. 2. Amend the undesignated center heading preceding § 10.151 to read as follows: Importations Not Over $800 and Bona-Fide Gifts 3. Revise § 10.151 to read as follows: § 10.151 Importations not over $800 or in the accompanied or unaccompanied baggage of the donor or donee. 5. Amend § 10.153 by: a. In the introductory text, removing the word “Customs” and adding in its place the term “CBP”; b. In paragraphs (a) and (d) introductory text, adding a hyphen between the words “bona” and “fide”; and c. Adding paragraph (i). The addition reads as follows: § 10.153 Conditions for exemption. (i) The exemption provided for in § 10.151 is not to be allowed with respect to imported merchandise subject to any antidumping or countervailing duty determination, instruction, or order issued by the Department of Commerce; or any other merchandise otherwise precluded by law from eligibility. PART 101—GENERAL PROVISIONS 6. The general authority citation for part 101 continues to read as follows: Authority: 5 U.S.C. 301; 6 U.S.C. 101, et. seq.; 19 U.S.C. 2, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a. § 101.1 [Amended] 7. Amend § 101.1, in the definition of “Shipment”, by removing the words “the bill of lading” and adding in their place the words “an individual bill of lading (house bill or equivalent)”. SUBPART 128—EXPRESS CONSIGNMENTS 8. The authority citation for part 128 continues to read as follows: Authority: 19 U.S.C. 58c, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1321, 1484, 1498, 1551, 1555, 1556, 1565, 1624. 9. Amend § 128.21 by: a. Revising paragraph (a)(4)(ii); and b. In paragraph (b), removing the word “Customs” and adding in its place the term “CBP”. The revision reads as follows: § 128.21 Manifest requirements. (a) * * * s follows: Authority: 19 U.S.C. 58c, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1321, 1484, 1498, 1551, 1555, 1556, 1565, 1624. 9. Amend § 128.21 by: a. Revising paragraph (a)(4)(ii); and b. In paragraph (b), removing the word “Customs” and adding in its place the term “CBP”. The revision reads as follows: § 128.21 Manifest requirements. (a) * * * (4) * * * (ii) If the merchandise is eligible for, and is entered under, the informal entry procedures as provided in § 128.24, except for merchandise eligible to pass free of duty and tax as provided in § 128.24(e) or § 128.24(f) and entered under § 143.23(k) of this chapter. 10. Amend § 128.24 by revising paragraphs (d) and (e) and adding paragraph (f) to read as follows: § 128.24 Informal entry procedures. (d) Entry summary. An entry summary (CBP Form 7501, or its electronic equivalent) must be presented in proper form, and estimated duties deposited within 10 days of the release of the merchandise under either the regular or alternative procedure described in this section, unless the shipment passes free of duty and tax under paragraph (e) or (f) of this section. (e) Shipments valued at $800 or less. Shipments valued at $800 or less meeting the requirements of § 10.151 of this chapter may be passed free of duty and tax if entered under the procedures set forth in § 143.23(j) of this chapter by a party eligible to file entry under § 143.26(b) of this chapter. ion, unless the shipment passes free of duty and tax under paragraph (e) or (f) of this section. (e) Shipments valued at $800 or less. Shipments valued at $800 or less meeting the requirements of § 10.151 of this chapter may be passed free of duty and tax if entered under the procedures set forth in § 143.23(j) of this chapter by a party eligible to file entry under § 143.26(b) of this chapter. (f) Bona-fide gifts. Shipments valued at $100 or less ($200, in the case of articles sent from persons in the Virgin Islands, Guam, and American Samoa) meeting the requirements of § 10.152 of this chapter may be passed free of duty and tax if entered under the procedures set forth in § 143.23(k) of this chapter. Such shipments are not eligible for the procedures set forth in § 143.23(l) of this chapter. PART 143—SPECIAL ENTRY PROCEDURES 11. The authority citation for part 143 continues to read as follows: Authority: 19 U.S.C. 66, 1321, 1414, 1481, 1484, 1498, 1624, 1641. 12. Amend § 143.23 by revising paragraphs (j) and (k) and adding paragraphs (l) and (m) to read as follows: § 143.23 Form of entry. (j) Shipments not over $800 and bona-fide gifts. Except in the case of personal written or oral declarations (see §§ 148.12, 148.13, and 148.62 of this chapter), a shipment of merchandise eligible for informal entry under 19 U.S.C. 1498 and meeting the requirements of § 10.151 or § 10.152 of this chapter may be entered by providing the individual bill of lading (house bill or equivalent), or other shipping document used to file or support entry, and by meeting the requirements under paragraph (k) or (l) of this section. (1) Requirements of other government agencies. Shipments of merchandise may be subject to other legal requirements, including the requirements of other Federal, State, or local agencies, as applicable. Merchandise regulated by other Federal agencies may not be entered under paragraph (k) of this section, but may be entered under paragraph (l) of this section. ragraph (k) or (l) of this section. (1) Requirements of other government agencies. Shipments of merchandise may be subject to other legal requirements, including the requirements of other Federal, State, or local agencies, as applicable. Merchandise regulated by other Federal agencies may not be entered under paragraph (k) of this section, but may be entered under paragraph (l) of this section. (2) Mail importations. Mail importations pursuant to § 145.31 may not be entered under paragraph (k) of this section, but may be entered under paragraph (l) of this section. (3) Bona-fide gifts. Bona-fide gifts claiming the exemption in § 10.152 of this chapter must be entered under paragraph (k) of this section. (k) Basic entry process. Shipments of merchandise meeting the requirements of 19 U.S.C. 1321(a)(2) and § 10.151 or § 10.152 of this chapter may be entered pursuant to paragraph (j) of this section by providing the individual bill of lading (house bill or equivalent) and the following information either electronically through a CBP-authorized electronic data interchange (EDI) system or in paper format: (1) Country of origin of the merchandise; (2) Shipper name, address, and country; (3) Name and address of the person claiming the exemption from duty and tax under § 10.151 or § 10.152 of this chapter; (4) Specific description of the merchandise; (5) Manifested quantity of the merchandise; (6) Shipment weight; (7) Fair retail value in the country of shipment in U.S. dollars (for conversion of foreign currency, see subpart C, part 159 of this chapter); and (8) Name and address of the final deliver-to party, meaning the final party in the United States to whom the merchandise is to be delivered, if distinct from the party identified in paragraph (k)(3) of this section. this section may apply for the HTSUS waiver privilege (see § 143.26(b) of this chapter regarding parties who may make such entries). (2) Contents of application. An applicant for the HTSUS waiver privilege must submit an application via email to the Director, Cargo Security and Controls Division, Office of Field Operations, at ecommerce@cbp.dhs.gov . The application must include the following: (i) Name and address of applicant, and an email address to be used for CBP correspondence regarding the application. (ii) Information demonstrating the applicant has in place internal controls and procedures regarding, at a minimum, the following: (A) The ability to properly classify merchandise under the HTSUS at the 10-digit classification; (B) The ability to properly determine whether merchandise is subject to the requirements of other government agencies and the ability to properly segregate such shipments; and (C) The ability to properly determine whether merchandise is otherwise precluded by law from eligibility for the administrative exemption under 19 U.S.C. 1321(a)(2)(C) and the ability to properly segregate such shipments. (iii) The applicant must state whether a previous application for an HTSUS waiver privilege was denied, or if a previous approval of such an application was revoked. (3) Action on application —(i) CBP review. CBP will review and verify all information submitted with the application. For this purpose, CBP may request additional information (including additional documents) and/or explanations of any of the information provided. The verification process may include on-site visits and demonstrations of the applicant's procedures. Based on its findings from the review and verification process, CBP will approve or deny the application. e Policy and Programs, Office of Trade, CBP Headquarters, at ecommerce@cbp.dhs.gov, within the 30-day period. The denial of an application or the revocation of a waiver, does not preclude a party from reapplying for the privilege in the future. 13. Amend § 143.26 by revising paragraph (b) and adding paragraph (c) to read as follows: § 143.26 Party who may make informal entry of merchandise. (b) Shipments valued at $800 or less. Except for merchandise subject to paragraph (c) of this section, a shipment of merchandise valued at $800 or less which qualifies for informal entry under 19 U.S.C. 1498 and meets the requirements in 19 U.S.C. 1321(a)(2) (see §§ 10.151, 10.152, 10.153, 143.23(k), 145.31, 145.32, 148.51, and 148.64 of this chapter) may be entered, using reasonable care, by the owner, purchaser, or consignee of the shipment or, when appropriately [Text truncated at 120,000 characters. 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