PolicyBrief
H.R. 3986
119th CongressJun 12th 2025
Small Business Liberation Act
IN COMMITTEE

This act exempts qualifying small businesses from special import duties or fees imposed by the President during a declared national emergency.

Kelly Morrison
D

Kelly Morrison

Representative

MN-3

LEGISLATION

Small Business Liberation Act Waives Emergency Import Fees for Small Importers

The new Small Business Liberation Act (SBLA) is proposing a significant exemption for small businesses when the President declares a national emergency. Specifically, Section 2 states that if the President imposes special duties or fees on imported goods under an emergency declaration (like those issued under Executive Order 14257), these extra costs will not apply to goods imported by, or intended for, a qualifying small business concern. The goal here is simple: shield the little guys from unexpected tariff spikes during a crisis.

The 'Crisis Tariff' Shield

Think about the last few years when global supply chains went haywire, and emergency tariffs or fees were suddenly slapped onto certain imported goods. For a massive corporation, those fees are just another line item, but for a small manufacturer or retail operation, an unexpected 10% duty on their critical inventory can wipe out their already thin margins. This bill recognizes that reality. By using the standard federal definition of a "small business concern" (the same one used by the Small Business Administration), the SBLA ensures that if a national emergency triggers new import taxes, that cost is immediately waived for small enterprises trying to keep their doors open and their shelves stocked.

What This Means on the Ground

Imagine a small, independent hardware store owner who imports specialized tools. If the President declares a national emergency that results in a temporary 25% import fee on those tools, the hardware store owner would normally have to eat that cost or pass it directly to customers. Under the SBLA, that emergency fee is automatically waived for them, maintaining their existing cost structure. This provision acts as a financial shock absorber, allowing these businesses to continue operating without the sudden, emergency-driven cost volatility that larger companies might absorb more easily. It’s targeted, practical relief designed to support economic stability during periods of national stress.

Where the Cost Goes

This exemption is great news for small businesses, but it’s important to note who pays the difference. Since the government is waiving these emergency duties for small businesses, the revenue that would have been collected is simply foregone. Meanwhile, larger corporations that import the same goods during the same emergency period still have to pay the full emergency duty. This creates a clear financial advantage for small importers over their larger competitors during the specific time frame of a presidential emergency declaration, leveling the playing field just a bit when the economy is under strain.