In CSMS 18-000656 (Nov. 5, 2018), CBP announced that beginning January 1, 2019 all commercial truck shipments containing Section 321 merchandise will be required to file an advance electronic manifest in accordance to the guidelines specified in the Trade Act of 2002.

Shipments qualifying for Section 321 release were exempt from the electronic manifest filing requirement due to a policy decision made by CBP during the implementation of the Trade Act of 2002.

The rise in eCommerce combined with the increase in the De Minimis value, has resulted in a significant growth in shipments being manifested and released under Section 321.

The lack of an electronic manifest eliminates CBP’s ability to conduct a risk assessment or perform advance targeting within the Automated Targeting System (ATS), results in slower processing times and longer wait times.

There are multiple ways to submit a 321 manifest. For online information, please visit; https://www.cbp.gov/trade/ace/training-and-reference-guides. Reference guides are available in both Spanish and English. For information specific to truck manifest visit; https://www.cbp.gov/document/guidance/review-e-manifest-trucks.

Companies not utilizing the provided portal will need to hire a service provider or have an EDI system in place to submit the information. For technical guidance regarding the EDI systems visit; https://www.cbp.gov/trade/automated/technical/ace-import-manifest-documentation.

Beginning November 26, 2018, CBP will begin a phased approach for non-compliance with conveyances being referred to secondary for processing. Then starting January 1, 2019, carriers which make no attempt to comply with the electronic manifest requirement will be issued a monetary penalty ($5000 for the first offence and $10,000 for subsequent offences).