Beware Of New US FBA Customs Clearance Regulations Risks Of Returned Shipments And Strategies To Mitigate

The U.S. has strengthened the customs clearance review for FBA shipments under the 321 Act. Certain packages that meet specific criteria will no longer qualify for the $800 tax exemption, posing a risk of being returned. Merchants need to prepay duties in advance and understand the new customs requirements to ensure smooth entry of their goods.
Beware Of New US FBA Customs Clearance Regulations Risks Of Returned Shipments And Strategies To Mitigate

In international trade, customs clearance has long been a significant challenge for merchants. Recently, the U.S. government has strengthened customs review measures for Fulfillment by Amazon (FBA) shipments entering the country under Section 321 of U.S. Customs Regulation (19 CFR 10.151). This new policy implementation means goods meeting specific criteria will no longer enjoy the $800 de minimis duty exemption, exposing merchants to greater risks and operational challenges.

Key Features of the Enhanced Customs Review

First, let's examine the three primary characteristics of these strengthened clearance measures:

  • If a single shipper sends multiple packages (n>1) to the same Amazon U.S. warehouse within one day, these shipments will be treated as "split shipments," significantly complicating the clearance process.
  • While individual shipments may be valued below $800, once identified as split shipments, merchants must undergo formal customs clearance—requiring additional documentation and payment of applicable duties.
  • Under U.S. customs requirements, formal clearance shipments require the recipient's Employer Identification Number (EIN). For FBA shipments, Amazon cannot provide this necessary customs support to shippers.

Operational Consequences for Merchants

For FBA shipments meeting these criteria, the risk of customs rejection has substantially increased. International carriers like DHL may be forced to return non-compliant shipments to their origin. In response to these policy changes, major logistics providers including UPS and DHL have issued updated requirements for shipments destined for Amazon U.S. warehouses.

Specifically, due to heightened U.S. Customs scrutiny of Amazon-bound shipments, all such packages transported via UPS or DHL—regardless of declared value—must now be shipped under Delivered Duty Paid (DDP) terms. Failure to prepay duties may result in shipments being held in transit locations like Hong Kong or immediately returned to origin, with all associated costs borne by the shipper.

Strategic Implications for E-commerce Sellers

This regulatory shift demands that merchants thoroughly understand and comply with the new requirements when planning shipment strategies. Strict adherence to DDP protocols has become essential to ensure smooth customs clearance and avoid unnecessary financial losses from detained or returned shipments.

In the current environment, comprehensive knowledge of U.S. customs procedures and meticulous preparation have become non-negotiable for cross-border sellers. The enhanced FBA clearance measures serve as a critical reminder that in today's competitive e-commerce landscape, only those who prioritize regulatory compliance and operational precision can maintain sustainable international operations.