Statement from CBP Acting Commissioner Miller on new efforts to enhance enforcement and prevent exploitation in the de minimis environment

“While balancing our economic security and trade facilitation mission with our law enforcement responsibilities, CBP is taking action to ensure compliance and minimize the exploitation of the small package, or de minimis, environment. While the majority of brokers, carriers, and supply chain businesses that participate in CBP’s Entry Type 86 Test are compliant with applicable laws, we are enhancing our enforcement efforts to ensure that all participants are held accountable when they are not. To date, CBP has suspended multiple customs brokers from participating in the Entry Type 86 Test after determining that their entries posed an unacceptable compliance risk.

“The Entry Type 86 Test is voluntary and enables participants to use a new electronic entry type to import, without paying duties and taxes, small shipments where the aggregate fair retail value in the country of shipment of such articles imported by one person on one day and exempted from the payment of duty does not exceed $800.

“CBP’s evaluation and suspension of non-compliant Entry Type 86 Test participants is part of a multi-layered enforcement approach to prevent abuse of the de minimis process, protect the integrity of the supply chain, and ensure that businesses comply with applicable U.S. legal requirements. When businesses fail to comply with U.S. law, it can have far-reaching effects on the integrity of our trade system and the people reliant on the goods that flow through our ports every day. For example, bad actors are exploiting the de minimis environment to move materials used to produce synthetic drugs -- like fentanyl and its analogues -- and other contraband into the United States. CBP’s enforcement efforts to disrupt illicit activities begin beyond our borders, and we will continue to strengthen our ability to combat de minimis shipment exploitation in a multitude of ways.

“Any broker that has been suspended will be considered for reinstatement if it demonstrates to CBP that it has developed and implemented a remedial action plan.

“CBP remains dedicated to protecting American consumers, industries, and the integrity of our trade system. We will work closely with all businesses and stakeholders to ensure such protection continues by continuing to take enforcement action against those who abuse the Entry Type 86 Test or otherwise abdicate their customs compliance responsibilities.”