Cross border e-commerce shipments are increasingly transitioning to ocean shipments. Using Section 321 type 86 entries, e-commerce merchants can clear e-commerce orders shipped via individual parcels via ocean freight.
The Type 86 entry filed by a customs broker in the U.S. Although in place for several years it remains a "pilot program." It is deployed in the customs system, ACE.As such, it requires a full 10-digit Harmonized Tariff System (HTS) number.The submission is via a customs broker or importer self-filer.
Customs is currently running another Type 86 pilot program called Section 321 Data Pilot. Section 321Dataadd additional data requirements for release.The additional data elements include a more detailed description, the URL of the seller, and images of the product.
The key issues to consider when shipping international online orders directly to the US:
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US customs processes for online orders have been streamlined. All international parcel shipments to the US must be accompanied by an invoice for customs clearance. Customs clearance is the umbrella term for the various stages of getting your goods across the American border. It can involve US Customs and Border Protection as well as other government agencies such as the Food and Drug Administration or Fish and Wildlife. The key data points required for an invoice for customs include:
Note: For online orders, the invoice data can be directly transferred consolidated informal entries to US Customs and pre-alert requirements via API interfaces.
There are over 40 US government departments that have unique requirements necessary for your goods to clear customs.
Customs brokers seem now to be the default Importer of Record (IOR) for all Type 86 shipments.The regulations are not clear on who isthe responsible party for de minimis shipments.Typically, theImporter of Record (IOR) is the person or entity that owns the goods at the time of import.
The Type 86 pilot does not define the responsible party but CBP now seems to hold the customs broker as the IOR.This is particular as customs brokers are usually not responsible for everything involving the shipment.
US customs suspended and then reinstated several major customs brokers from the Type 86 program. The reasons are not fully understood. But clearly, the customs is sending a message that you need quality control and oversight,
Customs entries can be broadly defined in 3 categories:
Jet Worldwide provides logistics expertise (as evidenced by our industry leading blog articles) and global parcel shipping solutions: Including shipping to and from the US.
Note: Many shipments are subject to approval of other government agencies and - regardless of value - require a formal entry. For food items to the USA, please see note above regarding "prior notice requirements."
Read More: Understanding Duty and how is it calculated
HS Codes are required for Section 321 Type 86 entries
Section 321 is a designated entry type for individual consignments valued under $800. The different types of section 321 include:
The main options for sending parcels to the US from Canada include
This service is by far the best value for small shipments and most post offices offer a version of this service. The international postal packet services are valid for goods up to 2 kg and can include surface, air and “packet tracker” options. The packet option’s low cost is due to traditional Universal Postal Union rules that have been adapted for the cross border e-commerce packets.
The postal clearance processes traditional advantage over commercial clearance has largely dissipated with the new section 321 processes outlined above.
All postal imports to the US are now subject to Advance Electronic Data (AED) requirements. Non-compliance will result in refusal at import and potential penalties. The USPS Global Direct Entry option is a hybrid product that gives international sellers low-cost last-mile postal delivery following commercial clearance (see below).
FedEx and UPS dominate the market for delivery to the US and offer access via their impressive air express networks. Along with the local post, FedEx and UPS are well-known options from overseas locations. Their market dominance can mean higher pricing and inflexible processes.
FedEx and UPS - along with DHL - offer hybrid options of bulk import with final mile delivery via the USPS Parcel Select option. These options ideally integrates air transport within their respective networks, section 321 clearance and last-mile delivery by the USPS.
In addition to commercial carriers, major European and Asian postal services have subsidiaries that resell their postal access. These postal subsidiaries take advantage of their membership in the Universal Postal Union (UPU). Even though updated UPU rules has lessened their "postal advantage," these postal groups still offer value added processes for high volume shippers.
International retailers can connect directly with the USPS for shipments to the US via their Global Direct Entry. Although having to arrange for their own airlift and clearance to the US, retailers can benefit from a direct USPS relationship and unique service options. Jet Worldwide's team consults with international retailers establish secure import processes.
The US Post office remains the lowest-cost last-mile delivery solutions used by Amazon, FedEx, UPS and DHL via their Parcel Select service. There are also independent resellers of this and other USPS final mile delivery options. Once the goods are cleared, it is really just a matter of gaining access at the lowest cost.
Low-cost clearance using standard cargo clearance through a CFS.
The cost advantage of clearance of high-volume flows through Container Freight Stations (CFS) is simply not having to pay a per shipment fee for clearance. In addition, no HS Codes are required.
The disadvantage to using CFS facilities(versus an ECCF) is essentially speed of clearance. The clearance time can become much greater during peak holiday periods.
Disadvantage of using a CFS:
Jet Worldwide can provide e-commerce cross border parcel speakers and a dedicated webinar for your team.
E-commerce parcels sent through ECCF’s are most often cleared prior to arrival and available for injection into domestic delivery streams the same day as arrival. ECCF's are subject to express regulations (Part 128 of the Code of Federal Regulations).
ECCF's benefit from express clearance processes by US Customs and Border Protection, but are subject of a per house waybill fee (to "reimbursement" customs for the cost of providing express clearance).
Note: Express consignment regulations are defined in Part 128 of the Code of Federal Regulations.
Certain categories of goods require approval from other Government agencies. This can complicate section 321 entries.
PDF presentation of Partner Government Agencies
US customs / CBP is advancing processes via the automated broker interface (ABI/AMS/ACE) for Section 321 informal entries via entry type “86” . The ACE Entry Type 86 enables duty-free section 321 access for all methods of transport to all ports
Customs has been working on "one window clearance" processes that incorporates the requirements of other government agencies. In customs parlance, they are referred to as "Partner Government Agencies" or PGA's. Type 86 extends the "one window clearance" processes to include low-value section 321.
Online orders are now being cleared via ocean freight using automated broker interfaces (AMS) and type 86 uploads.
Customs Brokers must file a letter of intent with customs and have access to a bonded container freight station (CFS) as the goods are best not left at a carriers facility.
Jet Worldwide helps companies understand the processes, setup technical integration, and arrange for injection into domestic networks.
The e-commerce express and cargo individual parcel clearance is currently available mostly via air freight hubs and gateway cities. Major express facilities and hubs with advanced Section 321 processes include:
Major international retailers are seeking to diversify their processes to build in additional capacity for resilience. This includes repositioning capacity via multiple ports, adding visibility by being in more direct control of clearance processes and enabling a dynamic mix of express consignment, cargo / CFS, type 86, postal and regional last mile options.
Jet Worldwide helps companies understand the processes via the transparent sharing of inside information about processes, carriers, and preferred vendors.
Read More: Certificate of origin and why is it needed