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Recently CBP in conjunction with the US Food & Drug Administration (FDA) has announced a reminder that shipments of a de minimis value (under $800USD), qualifying to be cleared under a Section 321, are still subject to either all or some of the FDA regulations for reporting.
CBP and FDA are reminding the trade that goods subject to FDA requirements that also qualify for clearance under the de minimis provision (shipments valued under $800.00USD) aka Section 321 may be cleared without an entry as long as both the 10 digit tariff number and the applicable FDA product code for any FDA items are on the invoice.
•Dinnerware (including eating and/or cooking utensils);
•Radiation emitting, non-medical devices (e.g. microwaves, televisions, CD players, etc.);
•Biological samples for laboratory testing; and,
•Food, excluding: ackees, puffer fish, raw clams, raw oysters, raw mussels, and foods packed in airtight containers intended to be stored at room temperature (low acid canned foods (LACF)).
Special Note for Food Items: Shipments of Food for consumption by either humans or animals are still required to file a prior notice for shipments clearing as a section 321. There is no exemption for these regulations regardless of value.
If you have a shipment(s) that qualify under the de minimis provision (section 321) you have a few options for entry.