On June 23, CBP published two proposed rules to indefinitely suspend the de minimis duty exemption for low-value imports — but this time, they’re not relying on IEEPA.
Instead, CBP is citing authority under the Tariff Act of 1930, which allows the agency to limit or suspend tariff exemptions “for any reason to protect the revenue or to prevent unlawful importations.”
Why does the legal basis matter?
The IEEPA-based suspension has faced legal challenges in the Court of International Trade. By pivoting to a more established statutory authority, CBP is making this suspension significantly harder to overturn in court.
What this means for importers:
- The $800 de minimis threshold is effectively on life support
- E-commerce and low-value import models built around duty-free entry need to be reassessed
- Compliance costs and formal entry requirements are coming for shipments that previously flew under the radar
This isn’t a temporary policy pause anymore. Importers should be treating this as a permanent shift in the landscape and planning accordingly.
Find the link to the Federal Register notice here: https://public-inspection.federalregister.gov/2026-12669.pdf
As always, Logistics Plus is here to provide guidance and support.
