Closing the De Minimis Loophole Act
Sponsored By: Senator Sheldon Whitehouse
Introduced
Summary
Eliminates the de minimis small-shipment exception for certain imports. It would close a common pathway that let many low-value parcels enter under simpler rules and trigger tougher entry requirements and oversight.
Show full summary
- Importers and online sellers would face more formal entry rules and data demands. They would need to provide Harmonized Tariff Schedule (HTS) numbers, including at the 10-digit level for items in Chapters 50–63.
- The Department of the Treasury and Customs would have to finish a rulemaking within 120 days to implement the change, set entry procedures, tighten data requirements, and establish penalties to deter unlawful or fraudulent informal entry. The change would apply to articles from China on enactment with a 3-day buffer, and to articles from other countries 120 days after enactment.
- For packages arriving through the international postal network, Treasury, working with the Postmaster General, would set fees and procedures to make postal shipments more consistent with other imports and could implement those changes by regulation.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Low-value import duty rule ends
If enacted, low-value items you buy from abroad would no longer be automatically exempt from U.S. duties and informal entry. This change would take effect on the date of enactment. For goods from China, it would apply on that date except for items loaded or in transit during the 3-day period before enactment. For goods from other countries, it would apply to items entered or withdrawn for consumption 120 days after enactment. Small online sellers and people who import often could pay more and do more customs paperwork.
New customs data and penalty rules
If enacted, the Treasury would have 120 days to write rules to implement the repeal. The rules must set entry procedures, require data needed to collect duties (including HTS chapter 50–63 heading or 10-digit subheading numbers when applicable), and set penalties and liabilities to deter fraud. Small importers and sellers would likely face higher reporting costs and greater legal exposure for documentation errors.
New fees for international mail packages
If enacted, the Treasury would work with the Postmaster General to set fees and procedures for international postal shipments that used to qualify as de minimis. This could mean new or higher per-package fees and extra entry steps for mail recipients and small sellers who use international mail.
Sponsors & CoSponsors
Sponsor
Sheldon Whitehouse
RI • D
Cosponsors
Lindsey Graham
SC • R
Sponsored 5/22/2025
Roll Call Votes
No roll call votes available for this bill.
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