PART 128—EXPRESS CONSIGNMENTS Authority: 19 U.S.C. 58c, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1321, 1484, 1498, 1551, 1555, 1556, 1565, 1624. Source: T.D. 89-53, 54 FR 19566, May 8, 1989, unless otherwise noted. § 128.0 Scope. This part sets forth requirements and procedures for the clearance of imported merchandise carried by express consignment operators and carriers, including couriers, under special procedures. Subpart A—General § 128.1 Definitions. For the purpose of this part the following definitions shall apply: (a) Express consignment operator or carrier. (b) Cargo. (c) Courier shipment. (d) Hub. (e) Express consignment carrier facility. (f) Closely integrated administrative control. e.g., (g) Reimbursable. Subpart B—Administration § 128.11 Express consignment carrier application process. (a) Facility application. (b) Application contents. (1) A full description of the international cargo facilities, including blueprints, floor plans and facility location(s). (2) A statement of the general character of the express consignment operations that includes, in the case of an express consignment carrier facility, a list of all carriers or operators that intend to use the facility. (3) An estimate of volume of transactions by: (i) Formal entries. (ii) Informal entries. (iii) Shipments not requiring entry (see § 128.23 of this part). (4) An application processing fee, as set forth in § 128.13. (5) A list of principal company officials or officers. (6) A projected start-up date, and days and hours of operation. (7) An agreement that the express consignment entity will: (i) Ensure that all cargo will be processed in the CBP Automated Commercial Environment (ACE) or any other CBP-authorized electronic data interchange system, and associated applications including, but not limited to, Automated Broker Interface (ABI), Automated Manifest System (AMS), Cargo Selectivity, and Statement Processing. (ii) Sign and implement a narcotics enforcement agreement with U.S. Immigration and Customs Enforcement (ICE). (iii) Provide, without cost to the Government, adequate office space, equipment, furnishings, supplies and security as per CBP's specifications. (iv) If the entity is an express consignment carrier facility, provide to U.S. Customs and Border Protection, Revenue Division, Attn: Reimbursables, 8899 E 56th Street, Indianapolis, IN 46249, at the beginning of each calendar quarter, a list of all carriers or operators currently using the facility and notify that office whenever a new carrier or operator begins to use the facility or whenever a carrier or operator ceases to use the facility. (v) If the entity is a hub facility or an express consignment carrier, timely pay all applicable processing fees prescribed in § 24.23 of this chapter. (c) Changes or alterations to facility. [T.D. 89-53, 54 FR 19566, May 8, 1989, as amended by T.D. 93-66, 58 FR 44130, Aug. 19, 1993; CBP Dec. 07-29, 72 FR 31725, June 8, 2007; CBP Dec. 15-14, 80 FR 61287, Oct. 13, 2015; CBP Dec. 25-11, 90 FR 40044, Aug. 18, 2025] § 128.12 Application approval/denial and suspension of operating privileges. (a) Notice. (2) The notice shall specifically state the grounds for denial or for the proposed suspension or revocation. (b) Appeal. (c) Recommendation. (d) Hearing. § 128.13 Application processing fee. Each operator of an express consignment hub or carrier facility will be charged a fee to establish, alter, or relocate such facility which shall be determined under the provisions of 31 U.S.C. 9701. The fee will be periodically reviewed and revised to reflect changes in processing expenses and any changes thereto will be published in the Federal Register Subpart C—Procedures § 128.21 Manifest requirements. (a) Additional information. (1) Country of origin of the merchandise. (2) Shipper name, address and country. (3) Ultimate consignee name and address. (4) Specific description of the merchandise, and under the following conditions, the Harmonized Tariff Schedule of the United States (HTSUS) subheading number: (i) If the merchandise is required to be formally entered as provided in § 128.25; or (ii) If the merchandise is eligible for, and is entered under, the informal entry procedures as provided in § 128.24, but may not be passed free of duty and tax as consisting of a shipment of merchandise imported by one person on one day having a fair retail value in the country of shipment not exceeding $800, as provided in § 128.24(e). (5) Quantity. (6) Shipping weight. (7) Value. (b) Sorting of cargo. [T.D. 89-53, 54 FR 19566, May 8, 1989, as amended by T.D. 94-51, 59 FR 30294, June 13, 1994; CBP Dec. No. 16-13, 81 FR 58833, Aug. 26, 2016] § 128.22 Bonds. Each express consignment operator or carrier must be recognized by Customs as an international carrier and approved as a carrier of bonded merchandise, and shall file bonds on Customs Form 301, containing the bond conditions set forth in §§ 113.62, 113.63, 113.64 and 113.66 of this chapter, to insure compliance with Customs requirements relating to the importation and entry of merchandise as well as the carriage and custody of merchandise under Customs control. § 128.23 Entry requirements. (a) General rule. (b) Procedures General. (2) Entry number. (c) Exception. [T.D. 94-51, 59 FR 30294, June 13, 1994, as amended by CBP Dec. 15-14, 80 FR 61287, Oct. 13, 2015] § 128.24 Informal entry procedures. (a) Eligibility. (b) Procedures. (c) Alternative procedure. (d) Entry summary. (e) Shipments valued at $800 or less. (1) The Harmonized Tariff Schedule of the United States (HTSUS) subheading number (see § 128.21(a)(4)); and (2) An entry summary (see paragraph (d) of this section). [T.D. 89-53, 54 FR 19566, May 8, 1989, as amended by T.D. 94-51, 59 FR 30294, June 13, 1994; T.D. 95-31, 60 FR 18991, Apr. 14, 1995; T.D. 98-28, 63 FR 16417, Apr. 3, 1998; 77 FR 72720, Dec. 6, 2012; CBP Dec. 15-14, 80 FR 61287, Oct. 13, 2015; CBP Dec. No. 16-13, 81 FR 58833, Aug. 26, 2016] § 128.25 Formal entry procedures. Formal entry, as provided for under 19 U.S.C. 1484 in parts 141, 142, and 143 (except for subpart C), of this chapter, is required for all shipments exceeding the monetary limitation for informal entry (see § 128.24) and any shipment for which the informal entry procedures may not be used (see § 128.24). [T.D. 94-51, 59 FR 30295, June 13, 1994]