Duty-free de minimis treatment is available for Chinese-origin goods again, but only until "notification by the Secretary of Commerce to the President that adequate systems are in place to fully and expediently process and collect tariff revenue for all Chinese products," the White House said in an amendment to its Feb. 1 executive order on China tariffs.
The abrupt change in how CBP will process low-value goods made in China because of President Donald Trump's executive order banning the de minimis exemption for these goods (see 2502030034) is causing some upheaval among shippers unfamiliar with the other types of customs processing, importers, brokers and logistics providers told International Trade Today.
China opened a dispute at the World Trade Organization on Feb. 5 to challenge the new 10% tariff imposed by the U.S. on all goods from China, claiming that the measure violates the General Agreement on Tariffs and Trade. China said that not only do the duties violate the U.S. government's "Schedule of Concessions and Commitments," they're also "discriminatory and protectionist in nature."
The European Commission is pushing for new import fees and customs controls on certain low-value e-commerce imports that it said are unsafe, counterfeit or don’t meet other EU product standards. The controls could target products from online marketplaces such as AliExpess, Amazon, Shein and Temu, the commission said, adding that those companies could be liable for the sale of unsafe products on their platforms.
The U.S. Postal Service suspended international inbound mail and packages from China and Hong Kong on Feb. 4 -- and then subsequently removed that suspension hours later.
President Donald Trump's decision to eliminate the duty-free de minimis threshold for goods from China, issued as part of his 10% tariff hike on Chinese products, likely will face legal challenges due to the economic importance of the de minimis rule, customs attorney Lawrence Friedman told us. However, many questions remain on the precise scope of any resulting change, along with the legal theory underpinning it.
Expect upheaval as companies that previously imported goods from China under the de minimis exemption face President Donald Trump's ban via executive order on using de minimis for those goods, members of the trade community told International Trade Today.
Peter Navarro, a trade adviser to President Donald Trump who was known as a China hawk when he served in the president's first administration, said the Commerce Department will be conducting Section 232 investigations on how the steel and aluminum actions should be adjusted, and how imports of critical minerals and essential medicines "are harming [our] ability to produce" those goods.
After pulling back for the moment on threatened 25% tariffs on Canadian and Mexican imports, China is the only country facing imminent tariffs over fentanyl smuggling. The 10% tariffs will be added to most favored nation duties or, for goods subject to Section 301 duties of either 25% or 7.5%, to those duties and the underlying MFN rates.
Goods exempted from new tariffs on Canada and China because they were in transit when the tariffs were announced must be entered before Feb. 7 for Canada, and before March 7 for China, to qualify for the exemption, CBP said in a pair of Federal Register notices released the afternoon of Feb. 3.