FIGHTING for America Act of 2025
Sponsored By: Senator Sen. Wyden, Ron [D-OR]
Introduced
Summary
Tightening the Section 321 de minimis duty exemption to stop illicit imports and protect customs revenue. The bill would require new documentation, add a per-shipment fee, expand penalties, and give Customs faster forfeiture and detention tools to curb misuse.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Higher penalties and quicker forfeiture for importers
If enacted, the bill would create civil penalties for failing to follow the new documentation rules: up to $1,000 for a first violation and up to $5,000 for later violations. False statements that cause underpayment or improper exemption would be fraud with penalties up to $5,000 first and $10,000 later. A person who aids unlawful importation could owe the greater of the article's domestic value or $5,000. CBP could forfeit certain shipments quickly and treat detained goods as abandoned after 15 days, with title vesting in the United States.
New paperwork and fees for low-value imports
If enacted, Treasury would require extra documentation separate from the normal entry to claim the low-value (de minimis) exemption. Entry filings would need a 10-digit HTS number, a clear article description, and country of origin. The Secretary must issue rules within 180 days and the law would take effect 60 days after enactment, with entries covered 30 days after the rules take effect. The party making entry would also pay a $2 fee for each shipment that uses the exemption.
More reporting and data sharing
If enacted, Treasury must report to Congress within one year and every year after on how the administrative de minimis exemption is used. Reports must show shipment volumes by HTS heading and country, revenue forgone, violations and penalties, detained or forfeited shipments, referrals to DOJ/HSI, and staffing needs. Treasury must also report within 270 days on partner agency engagement in review and detention. CBP could share nonpublic platform-generated information, including packaging images, with rights-holders or others when it has reasonable suspicion.
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Sponsors & CoSponsors
Sponsor
Sen. Wyden, Ron [D-OR]
OR • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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