Section 321 customs is a term used to describe a program that allows low-value shipments to enter the United States duty-free. The program was introduced in 2018 as part of the Trade Facilitation and Trade Enforcement Act, with the aim of reducing the administrative burden on customs officials and streamlining the process of importing small packages.
Under the Section 321 customs program, shipments valued at $800 or less can be imported into the United States without paying duties or taxes. This has been a significant benefit for e-commerce businesses that rely on international suppliers to provide goods to their customers. With the rise of online shopping, the volume of small packages entering the country has increased dramatically, and the Section 321 program has helped to ease the strain on customs officials while reducing costs for importers.
However, the Section 321 program has also raised concerns about the potential for abuse by unscrupulous importers. Customs officials have reported an increase in the number of counterfeit goods and prohibited items entering the country under the guise of low-value shipments. As a result, there has been a push to strengthen enforcement measures to prevent the program from being exploited. Despite these challenges, Section 321 customs remains an important part of the import landscape, and its impact on the e-commerce industry is likely to continue to grow in the years to come.
Overview of Section 321
Section 321 of the Tariff Act of 1930 is a provision that allows for the duty-free entry of merchandise into the United States. This provision applies to goods that are imported by individuals or businesses for personal use or consumption, and whose value does not exceed a certain threshold.
Eligibility Criteria
To be eligible for duty-free treatment under Section 321, the imported merchandise must meet the following criteria:
- The merchandise must be imported by an individual or business for personal use or consumption, and not for resale or commercial purposes.
- The value of the merchandise must not exceed $800 USD.
- The merchandise must be imported by air, sea, or land transportation.
De Minimis Value
The de minimis value is the maximum value of merchandise that can be imported into the United States duty-free under Section 321. Currently, the de minimis value is $800 USD per shipment. This means that any merchandise imported into the United States with a value of $800 USD or less is eligible for duty-free treatment under Section 321.
In conclusion, Section 321 is a provision that allows for the duty-free entry of merchandise into the United States, provided that the merchandise meets certain eligibility criteria and does not exceed the de minimis value. This provision is intended to facilitate trade and support economic growth, while also protecting domestic industries and consumers.
Customs Procedures
Filing Requirements
Importers and carriers must file electronic manifest data with U.S. Customs and Border Protection (CBP) for goods being transported to the United States. This data must be filed at least 24 hours before the goods are loaded onto a vessel destined for the United States. The data must include information about the goods being transported, the shipper and consignee, and the carrier transporting the goods.
Entry Process
When goods arrive in the United States, they must be entered into CBP’s Automated Commercial Environment (ACE) system. This can be done by the importer or their authorized agent. The entry must include information about the goods being imported, their value, and any duties or taxes that may be owed.
Once the entry is filed, CBP will review the information and may require additional documentation or information before releasing the goods. If everything is in order, CBP will issue a release for the goods, allowing them to be released from the port of entry.
Exemptions and Restrictions
Certain goods may be exempt from duties or taxes, or may be subject to additional restrictions or requirements. For example, goods that are being imported for personal use may be exempt from duties if they fall below a certain value. Other goods, such as firearms or hazardous materials, may be subject to additional restrictions or requirements.
Importers should consult with CBP or a licensed customs broker to determine any exemptions or restrictions that may apply to their goods. Failure to comply with these requirements can result in fines, penalties, or seizure of the goods.