Legis
Trade
Executive order · Wednesday 30 July 2025

Suspending Duty-free De Minimis Treatment For All Countries

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  • Authority: The order is issued under the President's constitutional authority and specific laws including IEEPA, the National Emergencies Act, the Trade Act of 1974, and Title 3 of the U.S. Code.

  • National Emergencies Declared:

    • Northern Border (Executive Order 14193): Emergency declared over the threat from drug trafficking and public health crisis due to fentanyl. Duty-free treatment under 19 U.S.C. 1321(a)(2)(C) suspended for specific articles.
    • Southern Border (Executive Order 14194): Similar emergency declared regarding drug trafficking from Mexico and corresponding duty-free treatment suspension.
    • China (Executive Order 14195): Emergency declared concerning the supply chain of synthetic opioids and duty-free treatment suspended.
  • Amendments:

    • Duty-free treatment suspensions for mentioned articles paused until the Secretary of Commerce informs that systems to process and collect duties are established.
    • Notification received confirming systems are ready, leading to further suspension of duty-free treatment for PRC and Hong Kong goods.
  • Temporary Measures:

    • International postal shipments and their duty processing addressed, with specific duties established based on the country of origin.
  • Implementation and Compliance:

    • Effective from August 29, 2025. U.S. Customs and Border Protection (CBP) directed to implement the order, including necessary regulatory amendments.
  • Independent Determinations: Each determination related to duty-free treatment is independent and addresses specific emergencies.

  • Legal Provisions:

    • If any part of the order is invalidated, the rest remains effective.
    • Duty-free treatment remains available for postal shipments until a notification about systems for duty collection is received.
  • Clarification on Authority: The order does not affect existing legal authority of departments or agencies and does not create enforceable rights against the U.S. government.