DE MINIMIS EXEMPTION SET TO EXPIRE PURSUANT TO EXECUTIVE ORDER
September 12, 2025
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On July 30, 2025, President Trump signed an executive order titled “Suspending Duty-Free De Minimis Treatment for All Countries,” E.O. 14324. The executive order suspends the duty-free de minimis exemption provided in 19 U.S.C. 1321(a)(2)(C) for shipments of packages to the United States, regardless of value, country of origin, mode of transportation, or method of entry. This suspension is expected to particularly impact e-commerce retailers that ship packages directly to U.S. consumers.
Effective August 29, 2025, low-value packages shipped to the United States that previously benefitted from the $800 “de minimis” exemption to import duties will lose their entitlement to duty-free entry. Duty-free entry will be limited to personal communications not involving a transfer of value, shipments constituting bona fide noncommercial gifts under $100, and certain donations, informational materials, and transactions incident to travel. Shipments of low-value packages not made via the international postal network will be subject to the same duties as any other commercial shipments.
Shipments made via the international postal network will either be subject to a specific duty (ranging from $80 to $200 per item, depending on the applicable International Emergency Economic Powers Act (“IEEPA”) tariff rate of the country of origin) or an ad valorem duty (a percentage duty equal to the IEEPA tariff rate of the country of origin). The option to pay the specific duty will expire on February 28, 2026. Citing uncertainty about the new processes and collection of duties, please be advised that some international postal services are temporarily suspending the transportation of many packages to the United States pending clarification by U.S. authorities.
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