PolicyBrief
H.R. 1840
119th CongressMar 4th 2025
Closing the De Minimis Loophole Act
IN COMMITTEE

The "Closing the De Minimis Loophole Act" eliminates the de minimis exception for goods imported from China immediately and from other countries after 120 days, requiring stricter data and entry procedures to enforce U.S. laws and collect duties.

Linda Sánchez
D

Linda Sánchez

Representative

CA-38

LEGISLATION

"Closing the De Minimis Loophole Act" Kicks Off: Tariffs Now Apply to Most Imported Goods, Starting with China

The "Closing the De Minimis Loophole Act" aims to eliminate a tariff exemption that previously allowed goods valued under $800 to enter the U.S. duty-free. This change is designed to boost enforcement of trade laws, level the playing field for domestic businesses, and increase federal revenue by ensuring that tariffs are consistently applied.

Leveling the Playing Field

This legislation phases out the de minimis exception—a rule that let low-value shipments (under $800) skip tariffs. For goods from China, this change is immediate from the enactment date, although goods already loaded for transport to the U.S. within three days before enactment are exempt (SEC. 2). For all other countries, the change kicks in 120 days after enactment. This staged approach gives businesses and customs officials time to adjust to the new rules.

Real-World Ripple Effects

Imagine a small business owner who imports craft supplies from various countries. Under the old rules, orders under $800 came in without extra fees. Now, they'll face tariffs, potentially raising costs. For consumers, this could mean a bump in prices for those unique, imported goods they love, from handcrafted jewelry to specialized electronics. Think about those online marketplaces—prices might tick up as sellers adjust to these new costs. The change might be good news for a local manufacturer of similar products, as imported goods will no longer have the same price advantage.

Nuts and Bolts of Implementation

The bill tasks the Secretary of the Treasury with setting up new rules within 120 days of enactment (SEC. 2). These rules will ensure that the termination of entry privileges is consistent and that there's enough data collected to enforce U.S. laws effectively. This includes requiring detailed Harmonized Tariff Schedule (HTS) numbers for goods in chapters 50 through 63—think textiles and apparel—making it easier to track and tax these items properly (SEC. 2). Additionally, the bill directs the Secretary of the Treasury, in consultation with the Postmaster General, to figure out fees and procedures for international postal shipments, ensuring they're treated the same as other shipments (SEC. 2). It is a recognition that policy needs practical application.

Challenges and Connections

While the goal is clear, challenges exist. Businesses might try to undervalue goods or misrepresent their origin to dodge tariffs. Plus, there's the added workload for customs officials, which could slow down processing times. However, this bill fits into a broader effort to tighten trade practices, aligning with existing laws aimed at fair competition and revenue collection. By removing the de minimis exemption, the U.S. aims to reduce unfair trade practices and support domestic industries.