Entrepreneurship & Small Business

UPDATE to US commercial truck shipments requiring electronic ACE manifest starting Jan 1, 2019 - Yes even under $800

  • Last Updated:
  • Jan 31st, 2019 9:44 am
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UPDATE to US commercial truck shipments requiring electronic ACE manifest starting Jan 1, 2019 - Yes even under $800

In addition to these my posts, see my post #22 for additional detailed instructions to help you navigate this tangled web (no pun intended).

A warning to everyone that heads across the border to the USA in the commercial lane with goods under $800 using the S.321 exemption and a paper manifest. This changes effective Jan 1, 2019 and you must file electronically before you reach the border. See this CBP Bulletin: TRUCK SECTION 321 REQUIREMENTS. NOTE: Read this and my second post. You must start the process right now if you want to have a hope in Hell to be able to meet the requirements by Jan 1, 2019.

As mentioned in the bulletin you can visit https://www.cbp.gov/trade/ace/training- ... nce-guides for information on how to do this. When you get to that page on the right side you need to click on 'Apply for an Account' and take it from there. I haven't applied yet so I can't answer any questions about the process. I only found out about it because I was informed by a CBP officer the last time I crossed about this new requirement.

There are no more exemptions. This is mandatory. Note that the bulletin I referred to states:

Beginning November 26, 2018, CBP will begin a phased approach for non-compliance with conveyances being referred to secondary for processing. Then starting January 1, 2019, carriers which make no attempt to comply with the electronic manifest requirement will be issued a monetary penalty ($5000 for the first offence and $10,000 for subsequent offences).

If you don't do this yourself you have to hire a service provider to do it for you which then just adds to the expense and can cause delays.

It's going to be a bit of a learning curve but hopefully once I learn the new system I'll be able to just fill the form in 2 minutes just like I do the CBP Form 7533 paper manifest.
Last edited by eonibm on Jan 31st, 2019 7:52 pm, edited 10 times in total.
22 replies
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I spent 2 hours trying to figure out how to apply. You must first fill out the Ace application, but as a Importer only, ie peeps who just cross in the commercial lane like me. So, you need an IR# first in order to apply. You apply to the port you normally cross for that by sending them a letter along with this form: Form 5106.

To find the port locations check here: Locate a Port of Entry, but they don't list Lewiston/Queenston, which is the one I normally go through so I'll just mail it to the Buffalo Field Office.

Now you can apply for Ace portal access using the application you can find here: ACE Secure Data Portal Account Application
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After almost 5 weeks of trying to navigate adhering this new rule, all I can say is Heaven help anyone else who is trying do to this. It was one landmine after another to get to the point where I can conform to the new rules, especially since I got a variety of conflicting answers from various different departments.
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So does this mean, technically, if you want to cross the border to ship a package to the USA (let's say, you sell a $100 item through ebay and it is cheaper to ship it via USA cause it's heavy and flat rate shipping applies) - you are screwed now?
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adamtheman wrote:
Dec 27th, 2018 4:06 am
So does this mean, technically, if you want to cross the border to ship a package to the USA (let's say, you sell a $100 item through ebay and it is cheaper to ship it via USA cause it's heavy and flat rate shipping applies) - you are screwed now?
Only if it is classified as a commercial shipment because you must then use the commercial (ie truck) lane. Is something sold on eBay a commercial shipment? I don't know. What lane have you been using in the past? Commercial or personal? If you have been going through the personal lane with personal, not company, goods that you have sold and have declared them and they have allowed you to pass then the rules has not changed and you can continue to do so. If you have been going through the commercial lane with a paper manifest then yes you are screwed unless you do what I did and start filing electronically.

However, I only cross with my company's commercial goods. To use the commercial lane after Dec 31, 2018 you must have an electronic manifest (before that it could be paper) and if you don't you will be fined $5K/1st offence, $10K/subsequent offence as I mention in my first post. There are NO exceptions whatsoever.
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eonibm wrote:
Dec 27th, 2018 2:04 pm
Only if it is classified as a commercial shipment because you must then use the commercial (ie truck) lane. Is something sold on eBay a commercial shipment? I don't know. What lane have you been using in the past? Commercial or personal? If you have been going through the personal lane with personal, not company, goods that you have sold and have declared them and they have allowed you to pass then the rules has not changed and you can continue to do so. If you have been going through the commercial lane with a paper manifest then yes you are screwed unless you do what I did and start filing electronically.

However, I only cross with my company's commercial goods. To use the commercial lane after Dec 31, 2018 you must have an electronic manifest (before that it could be paper) and if you don't you will be fined $5K/1st offence, $10K/subsequent offence as I mention in my first post. There are NO exceptions whatsoever.
I have been told before by US customs that if I am going down to the USA with any commercial goods at all to be disposed of in the USA then I must use the truck lane. I don't bother going down anymore to ship, I just charge full shipping cost from Canada.
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adamtheman wrote:
Dec 28th, 2018 12:17 am
I have been told before by US customs that if I am going down to the USA with any commercial goods at all to be disposed of in the USA then I must use the truck lane. I don't bother going down anymore to ship, I just charge full shipping cost from Canada.
Hmmm, wonder why you ever bothered to cross the border to save shipping costs in the first place if you can just charge full shipping cost from Canada? I have to cross anyway so I am not making a special trip.
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eonibm wrote:
Dec 28th, 2018 10:48 pm
Hmmm, wonder why you ever bothered to cross the border to save shipping costs in the first place if you can just charge full shipping cost from Canada? I have to cross anyway so I am not making a special trip.
Sometimes I have heavy items that cost $150 to ship from Canada, but only cost $50 to ship from the USA. I am only 20 minutes from the border and I go down frequently anyways so it's well worth it to save $100.

Ebay listings include shipping in search results, so I can't just offload the shipping price to the buyer because they will choose a lower priced item.
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adamtheman wrote:
Dec 28th, 2018 11:55 pm
Sometimes I have heavy items that cost $150 to ship from Canada, but only cost $50 to ship from the USA. I am only 20 minutes from the border and I go down frequently anyways so it's well worth it to save $100.

Ebay listings include shipping in search results, so I can't just offload the shipping price to the buyer because they will choose a lower priced item.
Oh, you just said you will 'just charge full shipping cost from Canada', but now you are saying you 'can't just offload the shipping price to the buyer'. Which is it? I would say it's definitely worth the hassle of signing up for the ACE access as at $100 a pop that is one hell of a lot of coin if this is an ongoing business for you.

Using the Ace e-Manifest was way better than the paper method. The system gives you a bar code to print out, they scan it at the border and off you go. No questions asked except citizenship and very quick compared to before.
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Jan 4, 2019
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What website do you now use to create the ACE e-manifest? NMFTA?
Newbie
Jan 11, 2019
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Hi, i have been following and i can't see anyplace where you file you manifest
thanks for the help
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PeggyB2349 wrote:
Jan 14th, 2019 7:09 pm
Any luck with getting the manifest ordeal settled?
Yes, as reported in my post #3 I was able to get 'to the point where I can conform to the new rules'. I went through the commercial lane with the bar coded printout provided by the ACE Manifest portal, they scanned it and I was through in 90 seconds. Way faster than before and the only way one can cross commercially anymore without getting fined $5K and then $10K per transgression, not to mention that on top of that you then get hauled in to the office and have to endure spending time undergoing a secondary.

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