FIGHTING Act Targets Fentanyl & Fakes: Expect More Scrutiny and a $2 Fee on Small Online Orders

The FIGHTING for America Act of 2025 aims to tighten the rules for the millions of small, low-value packages arriving in the U.S. daily, often from online orders. This legislation introduces new data requirements, fees, and restrictions for shipments entering under the 'de minimis' threshold (which currently allows goods valued under $800 to enter duty-free and with less paperwork). The stated goal is to crack down on illicit goods like fentanyl and counterfeit products, protect U.S. revenue, and ensure fair trade practices by increasing scrutiny on these previously less-examined imports.

More Paperwork, Please: What Shippers Need to Know

Get ready for more digital red tape. The Act mandates that significantly more information must be provided before these low-value shipments can enter the U.S. (Section 4). Think detailed descriptions, the specific 10-digit Harmonized Tariff Schedule (HTS) code (basically, a product ID for customs), country of origin, plus info about the seller, shipper, and buyer. This isn't just for big cargo containers; it applies to those small packages potentially eligible for duty-free treatment. For example, if you run a small Etsy shop importing unique beads, your overseas supplier will now need to provide this detailed data, including the exact HTS code for those beads, for every shipment. Failure to provide accurate info carries penalties: up to $1,000 for a first violation and $5,000 for subsequent ones. Intentionally providing false information (fraud) could mean fines up to $5,000 initially and $10,000 later.

Not Everything Gets a Free Pass Anymore

The days of nearly anything under $800 sailing through duty-free might be numbered for certain goods. Section 5 explicitly bars several categories of items from using the de minimis exemption. This includes goods already subject to anti-dumping or countervailing duties (AD/CVD), items facing specific tariffs (like those under Section 301 or Section 232 actions), goods subject to quotas, and anything requiring excise tax collection by customs. Starting January 1, 2025, goods not eligible for the Generalized System of Preferences (GSP) program are also excluded. Furthermore, the Treasury Secretary gets the authority to add any other items to this ineligible list if there's evidence of increased illicit activity or revenue loss associated with them. This means that trendy gadget subject to special tariffs? It won't qualify for duty-free entry anymore, regardless of its low price tag.

The Price of Convenience: Fees and Forfeitures

There's a new cost for processing these small shipments. Section 11 introduces a $2 user fee for each shipment entering under the de minimis rule, paid by the party filing the entry (like the express carrier or customs broker). While it's paid upfront by the filer, this cost could potentially be passed down the line to consumers ordering goods online. The Act also allows the Treasury Secretary to consider imposing similar fees on international mail handled by the U.S. Postal Service. Additionally, the process for handling problematic shipments is changing. If Customs detains a package needing more info, the parties involved have 15 days to respond or voluntarily abandon it; silence means it's considered abandoned to the government (Section 6). For clearly prohibited items like drugs or dangerous goods claimed under de minimis, Section 8 allows for immediate 'summary forfeiture' – seizure without a lengthy process.

The Bigger Picture: Fighting Fakes and Fentanyl

These changes tie back to the Act's core objectives: stemming the flow of fentanyl and other illicit drugs, combating counterfeit goods that harm legitimate businesses, and ensuring import duties are properly collected (Sections 2, 3). To help fight fakes, Section 10 allows Customs to share more information (like images of packaging) with companies that suspect their intellectual property rights are being violated by an incoming shipment. The government will also be keeping a closer eye on how this all works, with Section 12 requiring detailed annual reports on the volume of de minimis shipments, lost revenue, violations found, enforcement actions taken, and overall compliance efforts.