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  5. CSMS 59089765
CSMS 59089765·Operational·January 18, 2024·View on csms.cbp.gov ↗

Update to the Entry Type 86 Test Published in the Federal Register

Plain-English explanation

CSMS 59089765 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on January 18, 2024. It carries the official CBP guidance brokers and importers must follow for the topic — "Update to the Entry Type 86 Test Published in the Federal Register". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS # 59089765 - Update to the Entry Type 86 Test Published in the Federal Register U.S. Customs and Border Protection sent this bulletin at 01/18/2024 09:14 AM EST   Cargo Systems Messaging Service CSMS # 59089765 - Update to the Entry Type 86 Test Published in the Federal Register On January 16, 2024, CBP published an update to the Automated Commercial Environment (ACE) Entry Type 86 test in the Federal Register.  The updated Federal Register Notice (FRN) supersedes previous notices and makes the following modifications to the ACE Entry Type 86 test. The FRN modifies the deadline to file entry type 86 from ‘‘within 15 days’’ of the arrival of the cargo to ‘‘upon or prior to arrival’’ (see Section IV of the FRN). The traditional entry timeframe, allowing filing up to 15 days after arrival of the cargo, has proven to be inconsistent with the expedited process envisioned for the ACE Entry Type 86 Test. As a result, CBP is amending the test to require that the entry type 86 must be filed prior to or upon arrival of the cargo. In addition, this notice clarifies that only those regulations specified in this notice are waived by the test (see Sections IV and V of the FRN). All other regulations, including those allowing CBP to require formal entry, remain in force. As a reminder, filing an entry type 86 is considered “customs business” under 19 U.S.C. 1641.  All customs brokers designated to enter a qualifying entry type 86 shipment must be appointed through a valid power of attorney and must comply with all other applicable broker statutory and regulatory requirements. See 19 CFR 141.46; see, 19 U.S.C. 1641; 19 U.S.C. 1484; 19 CFR part 111; 19 CFR part 141. Finally, the notice further clarifies the consequences of misconduct by participants in the ACE Entry Type 86 Test (see Section VIII of the FRN). The FRN can be accessed at:  https://www.federalregister.gov/documents/2024/01/16/2024-00698/test-concerning-entry-of-section-321-low-value-shipments-through-the-automated-commercial . The changes are being made to address enforcement challenges CBP has encountered in relation to merchandise entered through the ACE Entry Type 86 test.  Questions regarding the updates can be directed to CBP via e-mail at ecommerce@cbp.dhs.gov .    Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 59089765?

CSMS 59089765 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Update to the Entry Type 86 Test Published in the Federal Register". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 59089765 published?

CBP published CSMS 59089765 on January 18, 2024. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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