View as Webpage

CBP Guidance for ACE Processing of De Minimis Shipments from China and Hong Kong Per April 2 Executive Order, As Amended

Pursuant to the Executive Order (EO) 14256, “Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People’s Republic of China as Applied to Low-Value Imports,” signed on April 2, 2025 (90 FR 14899, April 7, 2025), as subsequently amended by the Trump administration, Customs and Border Protection (CBP) said in this CSMS on Friday, April 18, that effective 12:01 a.m. ET on May 2, goods from China and Hong Kong are not eligible for the de minimis exemption, must be entered under an appropriate entry type, such as a type 11 or 01 entry, and will be subject to all applicable duties, taxes, and fees. 

“Requests for de minimis entry and clearance for ineligible shipments will be rejected,” CBP said.

Other than for shipments to the U.S. through the international postal network, CBP said the EO requires entry under an appropriate entry type to be made in ACE for covered shipments that would otherwise have been eligible for the de minimis exemption. Merchandise subject to EO 14256, as amended, may not be entered by submitting any paper entry forms or documents and, other than for mail, entries must be made in ACE.

Below is guidance on the messaging filers will receive for shipments processed in ACE, by mode. NOTE that the ACE messaging for manifest filings has not changed since what was previously posted in CSMS #63992482. The Cargo Release messaging for Entry Type 86 transactions has been updated. Because the products described section 2(a) of Executive Order 14195 will no longer be eligible for the de minimis exemption, for entries made on or after 12:01 a.m. ET on May 2 such products may not be entered using Entry Type 86.

Manifest Clearance

Air Manifest:

• New Air EDI validations for bills of lading with a CED line to release off the manifest [i.e. a disposition type 86 is posted to the bill].
• If the filer receives the following error codes for an air manifest shipment, it means that de minimis clearance will not be granted and the filer must take the appropriate action to bring the shipment into compliance with the requirements of EO 14256, as amended.
• 181  COUNTRY OF ORIGIN CODE INVALID
• 110  CBP ENTRY LINE IGNORED
• 188   EXPRESS RECORD INCOMPLETE
• All messages will be sent in the form of an FER response message by ACE.

Truck Manifest:

• If the filer receives a message using the 470 (Inv Ctry of Orig for Shp) error code, it means that the shipment cannot receive de minimis clearance, and the filer must take the appropriate action to bring the shipment into compliance with EO 14256, as amended.
• For any bills filed prior to, but arriving after the actions in EO 14256, as amended, take effect, ACE will generate a 350 notification, using an existing disposition code for “Entry Not on File.” If the filer receives this message, it means that the shipment will be rejected at Primary and the filer must take the appropriate action to bring the shipment into compliance with EO 14256, as amended.
•  

Manifest – All Modes:

• In situations where a manifest was filed before the actions outlined in EO 14256, as amended, become effective, but the conveyance will arrive after, the carrier will receive a 1M message notifying them that the shipment is not eligible for de minimis clearance, and the filer must take the appropriate action to bring it into compliance.
• For all modes where a 1C release message was already sent to the carrier/manifest filer, but the conveyance has not yet arrived, ACE will generate and send a 4E (cancel entry message) to cancel the release upon conveyance arrival.

Cargo Release/ Entry Type 86 (ET86): All Modes

• For ineligible ET86 transactions, ACE will return a “Reject” status with an additional error code of 318 – COUNTRY CODE INELIGIBLE FOR ET86 (SX error code message).
• In any instance where the ET86 is in released status before the arrival of the bill, the filer will receive an SO disposition message of “Release-Suspended” with an error code 33 – ET86 INELIGIBLE COUNTRY; CANNOT RELEASE.
• If these error messages are received, the filer must take the appropriate action to bring the shipments into compliance with EO 14256, as amended.

Shipments Entering via International Mail

• In accordance with EO 14256, as amended, international postal packages sent to the U.S. through the international postal network from the PRC or Hong Kong which contain goods that are products of the PRC or Hong Kong, which are valued at $800 or less and would have been eligible for the de minimis exemption prior to EO 14256, as amended, will be subject to one of the following duties effective 12:01 a.m. ET on May 2, 2025:
• An ad valorem duty of 120 percent of the value of the shipment; or
• A specific duty of $100 per shipment (effective 12:01 a.m. ET on June 1, 2025, the specific duty becomes $200 per shipment).
• Transportation carriers delivering shipments to the United States from the PRC or Hong Kong sent through the international postal network must collect and remit duties to CBP under the approach outlined in either subsection (c)(i) or subsection (c)(ii) of EO 14256, as amended.
• Carriers transporting international postal packages will be responsible for collecting the duty owed pursuant to EO 14256, as amended, and remitting the duty to CBP on a monthly basis, or on such other periodic time frame as CBP determines appropriate.
• Pursuant to EO 14256, as amended, transportation carriers must apply the same duty collection methodology to all shipments; however, transportation carriers may change their collection methodology once a month or on such other periodic timeframe as CBP determines appropriate, upon providing 24-hour notice to CBP.
• Any carrier that transports international postal items containing goods from the PRC or Hong Kong to the United States, by any mode of transportation, must have an international carrier bond to ensure payment of the duty described in EO 14256, as amended.
• Additional guidance regarding shipments entering via international mail will be issued in a separate CSMS message.

CBP said it will publish a Federal Register Notice prior to the implementation on May 2. The agency will also publish additional technical guidance as needed via CSMS.  

********

NCBFAA will continue to keep our members updated about the U.S. tariffs through the Monday Morning eBriefing and eblasts, and a dedicated IEEPA Tariffs webpage on our website.

Attention: The Monday Morning eBriefing (MMeB) and other communications of the NCBFAA are the exclusive property of the Association. Unauthorized use by any person or firm which is not a member in good standing is strictly prohibited.

NCBFAA Website