19 C.F.R. Subpart C—Procedures
Title 19 - Customs Duties
(a) Additional information. Express consignment operators and carriers shall provide the following manifest information in advance of the arrival of all cargo, including all articles for which an entry is not required as noted in §128.23 (which shall be listed separately and their entry status noted), in addition to the information and documents otherwise required by this chapter: (1) Country of origin of the merchandise. (2) Shipper name, address and country. (3) Ultimate consignee name and address. (4) Specific description of the merchandise, and under the following conditions, the Harmonized Tariff Schedule of the United States (HTSUS) subheading number: (i) If the merchandise is required to be formally entered as provided in §128.25; or (ii) If the merchandise is eligible for, and is entered under, the informal entry procedures as provided in §128.24, but may not be passed free of duty and tax as consisting of a shipment of merchandise imported by one person on one day having a fair retail value in the country of shipment not exceeding $200, as provided in §128.24(e). (5) Quantity. (6) Shipping weight. (7) Value. (b) Sorting of cargo. If the shipments are physically sorted by country of origin of the merchandise when they arrive at the hub or express consignment facility and are presented to Customs in this manner, the advance manifest information shall also be provided with the merchandise segregated by country of origin. [T.D. 89–53, 54 FR 19566, May 8, 1989, as amended by T.D. 94–51, 59 FR 30294, June 13, 1994] Each express consignment operator or carrier must be recognized by Customs as an international carrier and approved as a carrier of bonded merchandise, and shall file bonds on Customs Form 301, containing the bond conditions set forth in §§113.62, 113.63, 113.64 and 113.66 of this chapter, to insure compliance with Customs requirements relating to the importation and entry of merchandise as well as the carriage and custody of merchandise under Customs control. (a) General rule. Except as provided in paragraph (c) of this section, all articles carried by an express consignment entity shall be entered by a person with the right to file entry. (b) Procedures—(1) General. All express consignment entities utilizing the procedures in this part shall comply with the requirements of the Customs Automated Commercial System (ACS). These requirements include those under the Automated Manifest System (AMS), Cargo Selectivity, Statement Processing, the Automated Broker Interface System (ABI), and enhancements of ACS. (2) Entry number. All entry numbers must be furnished to Customs in a Customs approved bar coded readable format in order to assist in the processing of express consignment cargo under the Customs Automated Commercial System (ACS). (3) Paper entry document waiver. The port director is authorized, at the time of entry, to accept the appropriate electronic equivalent in lieu of entry documents for those entries designated as not requiring examination or review when the advance manifest requirements of §128.21(a) of this part have been met. (c) Exception. Articles specifically exempt from entry by §141.4(b) of this chapter need not satisfy the general rule as set forth in paragraph (a) of this section. [T.D. 94–51, 59 FR 30294, June 13, 1994] (a) Eligibility. Informal entry procedures may generally be used for shipments not exceeding $2,000 in value which are imported by express consignment operators and carriers. Individual shipments valued at $2,000 or less may be consolidated on one entry. Such procedures, however, may not be used for prohibited or restricted merchandise, merchandise which is subject to a quota or other quantitative restraints, or for any articles precluded from informal entry procedures by virtue of section 498, Tariff Act of 1930, as amended, (19 U.S.C. 1498). (b) Procedures. Customs Form 3461, appropriately modified to cover all importations under the special procedures contained in this part, shall be submitted prior to the commencement of hub or express consignment carrier facility operations. The party who may make entry under §143.26 of this chapter may submit a copy of the invoice or the advance manifest as described in §128.21 in lieu of other control documents. (c) Alternative procedure. The party who may make entry under §143.26 of this chapter may be required to submit an individual Customs Form 3461 covering the eligible shipments on a daily basis or by flight basis. Commercial invoices or advance manifests shall be attached to the Customs Form 3461 which will contain the entry number and such other information deemed necessary by the port director. A notation shall be placed on the Customs Form 3461 that the entry covers multiple shipments. (d) Entry summary. An entry summary (Customs Form 7501) must be presented in proper form, and estimated duties deposited within 10 days of the release of the merchandise under either the regular or alternative procedure described in this section. However, see paragraph (e) of this section if the shipment is valued at $200 or less. (e) Shipments valued at $200 or less. Shipments valued at $200 or less meeting the requirements of §10.151 of this chapter shall be passed free of duty and tax. Such shipments must be segregated on the manifest from shipments valued at more than $200 if an advance manifest is used as the entry document, as provided for in §128.21. If such an advance manifest is used as the entry document, the following are not required to be provided for shipments qualifying under this paragraph: (1) The Harmonized Tariff Schedule of the United States (HTSUS) subheading number (see §128.21(a)(4)); and (2) An entry summary (see paragraph (d) of this section). [T.D. 89–53, 54 FR 19566, May 8, 1989, as amended by T.D. 94–51, 59 FR 30294, June 13, 1994; T.D. 95–31, 60 FR 18991, Apr. 14, 1995; T.D. 98–28, 63 FR 16417, Apr. 3, 1998] Formal entry, as provided for under 19 U.S.C. 1484 in parts 141, 142, and 143 (except for subpart C), of this chapter, is required for all shipments exceeding the monetary limitation for informal entry (see §128.24) and any shipment for which the informal entry procedures may not be used (see §128.24). [T.D. 94–51, 59 FR 30295, June 13, 1994]
Title 19: Customs Duties
PART 128—EXPRESS CONSIGNMENTS
Subpart C—Procedures
§ 128.21 Manifest requirements.
§ 128.22 Bonds.
§ 128.23 Entry requirements.
§ 128.24 Informal entry procedures.
§ 128.25 Formal entry procedures.
