The US has announced plans to implement stricter rules on e-commerce goods imports into the country under ‘de minimis’ exemptions, which could significantly impact air cargo flows from later this year.
The proposed changes, announced last week, would eliminate the exemption for products covered by trade enforcement actions under Section 301, 201, and 232 tariffs.
These measures could significantly impact e-commerce imports, particularly from China, where companies like Shein and Temu have been leveraging the de minimis rule to ship goods directly to U.S. consumers without paying duties.
The administration stated that the rule change is intended to curb such practices, which have allowed businesses to sidestep tariffs designed to protect U.S. industries.
Section 301 tariffs currently apply to around 40% of U.S. imports, covering a wide range of products, including 70% of textile and apparel imports from China.
Other items subject to these tariffs include machinery and footwear. Section 201 and 232 tariffs cover goods like washing machines, solar panels, and industrial steel and aluminum products, respectively.
The administration has also proposed that importers provide additional data on de minimis shipments, including detailed tariff classification numbers, to enhance scrutiny and enforcement.
Furthermore, the Consumer Product Safety Commission (CPSC) intends to require importers of consumer goods to submit Certificates of Compliance electronically at the time of entry.
Brandon Fried of the AirForwarders Association highlighted the importance of maintaining the current de minimis threshold to support air cargo growth. “It simplifies the import process for low-value goods, reduces administrative burdens, and lowers costs for businesses and consumers,” he said.
However, Fried called for more resources for U.S. Customs and Border Protection (CBP) to ensure thorough inspection and enforcement.
The proposed changes come at a time when the number of de minimis shipments entering the U.S. has surged, growing from 140 million annually a decade ago to over 1 billion today, largely driven by the rise of Chinese e-commerce platforms.
The exponential growth has made it harder for authorities to enforce trade laws, consumer safety regulations, and block illicit goods like synthetic drugs.
As the new rules undergo a public comment period, experts estimate that the regulations could take 60-120 days to implement, potentially affecting peak shopping seasons like Black Friday and China’s 11.11 shopping festival.
E-commerce platforms, including Temu, stated that they are reviewing the proposed rules and remain committed to delivering value to consumers despite the potential impact on operations.
These developments are part of the administration’s broader effort to clamp down on trade practices that undercut American businesses and pose risks to consumers, as well as to strengthen oversight on the rapidly growing volume of e-commerce imports.
