Jump to content

Goods Astray (CBP Shipment Type)

From BorderConnect Wiki

🔖 This article is part of the Shipment Release Types Guide

How to enter a Goods Astray shipment in ACE within BorderConnect.

Goods Astray is a U.S. Shipment Type for goods through U.S. Customs and Border Protection and on an ACE Manifest. It is a type of Informal Entry that allows for the release at the border of goods which:

  • Were exported from the United States AND
  • Are returning to the United States within 45 days of that export as undeliverable AND
  • Have not at any time left the custody of the carrier or foreign customs service

Upon request by CBP, the person requesting release under Goods Astray must be able to provide evidence to support the claim that the goods qualify.[1]

Regulatory basis (HTSUS General Note 3(e) and 19 CFR 141.4)

Goods Astray is based on the HTSUS General Note 3(e) exemption for certain items that are not treated as “goods subject to the provisions of the tariff schedule,” including undeliverable articles that return within 45 days and remain continuously in the custody of the carrier or foreign customs service.[1] CBP’s entry regulations reference these HTSUS General Note 3(e) exemptions and set conditions for claiming the “undeliverable articles” exemption, including a required certification and supporting evidence when requested by CBP.[2]

Evidence commonly requested

CBP may request evidence showing the shipment meets the exemption conditions. In practice, carriers/importers should be prepared to support:

  • Export from the U.S. (for example: export paperwork/bill of lading, proof of departure date, or other export documents)
  • Returned within 45 days of departure from the U.S.
  • Undeliverable status (for example: refusal/undeliverable documentation, return instructions, or consignee rejection details)
  • Continuous custody (evidence that the goods remained in the custody of the carrier or foreign customs service and were not released into commerce abroad)

These requirements align with the conditions in 19 CFR § 141.4(c) for the undeliverable-articles exemption under HTSUS General Note 3(e).[2]

ACE data requirement (Export Date)

When filing Goods Astray in the ACE truck manifest workflow, filers are required to transmit the export date (the date the cargo left the United States) as an additional data element for the shipment release type.[3]

Declaring a Goods Astray Shipment in ACE Manifest

Highway Carriers transporting shipments into the United States under Goods Astray must report them on their ACE Manifest. To report Goods Astray the carrier will need to create an ACE Shipment with the Shipment Type "Goods Astray", and ensure that the shipment is transmitted as part of their ACE Manifest. The example below shows how to report a Goods Astray shipment using BorderConnect's ACE Manifest Software User Guide.[4]19 CFR 141.4(b)(1)

Although a Goods Astray shipment is different from a PAPS shipment, the carrier will still need to provide a unique Shipment Control Number, as well as all other information normally required for an ACE Shipment including Shipper, Consignee and Commodity information. Additionally, the date that the goods were exported from the United States will need to be provided.

As with all Informal Entries, no Customs Broker should be involved and the carrier will not receive an Entry Number for the shipment. At the border, the driver should be prepared to show paperwork for the shipment that was exported, as well as any documentation that supports the load being undeliverable.

References

  1. ↑ 1.0 1.1 USITC HTS (General Note 3) — Undeliverable articles returned within 45 days and remaining in custody of carrier/foreign customs service (see GN 3(e)(v)) https://www.usitc.gov/publications/docs/tata/hts/bychapter/0601gndm.pdf
  2. ↑ 2.0 2.1 19 CFR § 141.4 — Entry required; exceptions and “Undeliverable articles” conditions (Cornell Law) https://www.law.cornell.edu/cfr/text/19/141.4
  3. ↑ CBP — Import Truck Implementation Guide (X12 309), shipment release type code “18 Goods Astray” (notes required data elements) https://www.cbp.gov/sites/default/files/2024-12/ImportTruck_IG_X12_TS309_v4060_2024%20Dec%205_508.pdf
  4. ↑ Automated Commercial Environment Review of Shipment Release Types: Trucks https://www.cbp.gov/sites/default/files/documents/shipment_types_3.pdf