Upcoming Changes to CBP’s Entry Type 86 Requirements

Trade Update • January 25, 2024

The U.S. Customs and Border Protection (CBP) is ushering in substantial modifications to the Entry Type 86* (ET 86) process, aiming to fortify its efforts against the importation of illicit substances, counterfeits, intellectual property rights (IPR) violations, and goods produced with forced labor. These changes, set to take effect starting January 27, 2024, and February 15, 2024, mark a significant evolution in the regulatory landscape governing low-value shipments.

*ET 86 is used for low value shipments, imported per person, per day, with a value not exceeding $800 USD, with required Participating Government Agency (PGA) information.

Automatic Release Messages Delayed

CBP is modifying the timing of their arriving non-express air shipments using ET 86 beginning January 27, 2024. Presently, once a flight departure message is received CBP automatically send a release message (1C). After January 27, automatic release messages will not be issued (will be delayed) until CBP arrives the associated flight in ACE Automated Commercial Environment (ACE). This will ensure CBP has sufficient time to review entries and notify filers of any holds. This change will help restrict release to be within port hours and prevent cargo from moving off site until the release message is received.

ET86 Filing Deadline

Effective February 15, 2024, CBP will modify the deadline to file Entry Type 86 (ET 86) so that it must be filed prior to arrival or upon arrival of the cargo. Previously ET 86 could be filed within 15 days of arrival. This will enhance CBP’s efforts in preventing the importation of illicit substances (like fentanyl and other narcotics), counterfeits and other intellectual property rights (IPR) violations, or goods made with forced labor.

Mandatory Actions

• Descriptions will undergo meticulous scrutiny against classifications.
• Accuracy of the manifest will be rigorously reviewed, with a particular emphasis on mandatory delivery details.
• Shipments will be barred from leaving airports unless 1F (Other Government Agency release) is filed or 1C (customs release) occurs.
• No release for non-express air cargo will be permitted outside of port hours, introducing stricter controls over the movement of goods.
• Filers must execute a Power of Attorney (POA) to file entries, reinforcing accountability and traceability in the entry process.

Questions about if and/or how your imports will be affected by this US Customs regulatory change? Please contact us, we’re here to help.