[House Document 119-85]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session - - - - - - - - - - House Document 119-85
SUSPENDING DUTY-FREE DE MINIMIS TREATMENT FOR ALL COUNTRIES
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER SUSPENDING DUTY-FREE DE MINIMIS TREATMENT FOR ALL
COUNTRIES, PURSUANT TO 50 U.S.C. 1641(b); PUBLIC LAW 94-412, SEC.
401(b); (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 8, 2025.--Referred to the Committee on Ways and Means and
ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-011 WASHINGTON : 2025
The White House,
Washington, August 7, 2025.
Hon. Mike Johnson,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Consistent with applicable law, including
section 401(b) of the National Emergencies Act (50 U.S.C.
1641(b)), I am providing notice that I have issued an Executive
Order on Suspending Duty-Free De Minimis Treatment for All
Countries (Executive Order), which deals with declared national
emergencies involving unusual and extraordinary threats to the
national security, foreign policy, and economy of the United
States. The Executive Order involves the emergencies declared
in Executive Order 14193 of February 1, 2025 (Imposing Duties
To Address the Flow of Illicit Drugs Across Our Northern
Border), as amended, Executive Order 14194 of February 1, 2025
(Imposing Duties To Address the Situation at Our Southern
Border), as amended, Executive Order 14195 of February 1, 2025
(Imposing Duties To Address the Synthetic Opioid Supply Chain
in the People's Republic of China), as amended, and Executive
Order 14257 of April 2, 2025 (Regulating Imports With a
Reciprocal Tariff To Rectify Trade Practices That Contribute to
Large and Persistent Annual United States Goods Trade
Deficits), as amended.
In the Executive Order, I determined that it is necessary
and appropriate to suspend duty-free de minimis treatment under
19 U.S.C. 1321(a)(2)(C) on a global basis to deal with the
emergency declared in Executive Order 14257, as amended; to
suspend duty-free de minimis treatment for certain Canadian
goods to deal with the emergency declared in Executive Order
14193, as amended; to suspend duty-free de minimis treatment
for certain Mexican goods to deal with the emergency declared
in Executive Order 14194, as amended; and to continue to
suspend duty-free de minimis treatment for certain goods of the
People's Republic of China and Hong Kong to deal with the
emergency declared in Executive Order 14195, as amended. Each
determination to suspend or continue to suspend duty-free de
minimis treatment was made independent from the other.
I am enclosing a copy of the Executive Order that I have
issued. The Executive Order further explains the circumstances
underlying the national emergencies and the actions taken in
the Executive Order to deal with these emergencies.
Sincerely,
Donald J. Trump.
Executive Order
----------
Suspending Duty-Free De Minimis Treatment
For All Countries
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq,) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as
amended (19 U.S.C. 2483), and section 301 of title 3, United
States Code, it is hereby ordered:
Section 1. Background. In Executive Order 14193 of February
1, 2025 (Imposing Duties To Address the Flow of Illicit Drugs
Across Our Northern Border), I declared a national emergency
regarding the unusual and extraordinary threat to the safety
and security of Americans, including the public health crisis
caused by fentanyl and other illicit drugs and the failure of
Canada to do more to arrest, seize, detain, or otherwise
intercept drug trafficking organizations, other drug and human
traffickers, criminals at large, and illicit drugs. In that
order, I determined that it was necessary and appropriate to,
among other things, suspend duty-free de minimis treatment
under 19 U.S.C. 1321(a)(2)(C) for articles described in section
2(a) and section 2(b) of that order. In Executive Order 14226
of March 2, 2025 (Amendment to Duties To Address the Flow of
Illicit Drugs Across Our Northern Border), I paused the
suspension of duty-free de minimis treatment on such articles
until I received a notification from the Secretary of Commerce
(Secretary) that adequate systems are in place to fully and
expeditiously process and collect duties for such articles that
would otherwise be eligible for duty-free de minimis treatment.
In Executive Order 14194 of February 1, 2025 (Imposing
Duties To Address the Situation at Our Southern Border), I
declared a national emergency regarding the unusual and
extraordinary threat to the safety and security of Americans,
including the public health crisis caused by fentanyl and other
illicit drugs and the failure of Mexico to do more to arrest,
seize, detain, or otherwise intercept drug trafficking
organizations, other drug and human traffickers, criminals at
large, and illicit drugs. In that order, I determined that it
was necessary and appropriate to, among other things, suspend
duty-free de minimis treatment under 19 U.S.C. 1321(a)(2)(C)
for articles described in section 2(a) of that order. In
Executive Order 14227 of March 2, 2025 (Amendment to Duties To
Address the Situation at Our Southern Border), I paused the
suspension of duty-free de minimis treatment on such articles
until I received a notification from the Secretary that
adequate systems are in place to fully and expeditiously
process and collect duties for such articles that would
otherwise be eligible for duty-free de minimis treatment.
In Executive Order 14195 of February 1, 2025 (Imposing
Duties To Address the Synthetic Opioid Supply Chain in the
People's Republic of China), I declared a national emergency
regarding the unusual and extraordinary threat from the failure
of the Government of the People's Republic of China (PRC) to
arrest, seize, detain, or otherwise intercept chemical
precursor suppliers, money launderers, other transnational
criminal organizations, criminals at large, and illicit drugs.
In that order, I determined that it was necessary and
appropriate to, among other things, suspend duty-free de
minimis treatment under 19 U.S.C. 1321(a)(2)(C) for articles
described in section 2(a) of that order. In Executive Order
14200 of February 5, 2025 (Amendment to Duties Addressing the
Synthetic Opioid Supply Chain in the People's Republic of
China), I paused the suspension of duty-free de minimis
treatment for articles described in section 2(a) of Executive
Order 14195 until I received a notification from the Secretary
that adequate systems are in place to fully and expeditiously
process and collect duties for such articles that would
otherwise be eligible for duty-free de minimis treatment.
I subsequently received notification from the Secretary
that adequate systems have been established to process and
collect duties for articles of the PRC and Hong Kong that would
otherwise be eligible for duty-free de minimis treatment, and
in Executive Order 14256 of April 2, 2025 (Further Amendment to
Duties Addressing the Synthetic Opioid Supply Chain in the
People's Republic of China as Applied to Low-Value Imports), I
suspended duty-free de minimis treatment under 19 U.S.C.
1321(a)(2)(C) for products of the PRC and Hong Kong described
in section 2(a) of Executive Order 14195, as amended by
Executive Order 14228 (Further Amendment to Duties Addressing
the Synthetic Opioid Supply Chain in the People's Republic of
China). In addition, I instructed the Secretary to submit a
report regarding the impact of Executive Order 14256 on
American industries, consumers, and supply chains and to make
recommendations for further action as he deems necessary.
In Executive Order 14257 of April 2, 2025 (Regulating
Imports With a Reciprocal Tariff To Rectify Trade Practices
That Contribute to Large and Persistent Annual United States
Goods Trade Deficits), I declared a national emergency with
respect to underlying conditions indicated by the large and
persistent annual U.S. goods trade deficits. I also provided
that duty-free de minimis treatment under 19 U.S.C.
1321(a)(2)(C) would remain available for products described in
section 3(a) of that order until I received a notification by
the Secretary that adequate systems are in place to fully and
expeditiously process and collect duties applicable for
articles otherwise eligible for duty-free de minimis treatment.
The Secretary has notified me that adequate systems are now
in place to fully and expeditiously process and collect duties
for articles otherwise eligible for duty-free de minimis
treatment on a global basis, including for products described
in section 2(a) and section 2(b) of Executive Order 14193,
section 2(a) of Executive Order 14194, and section 3(a) of
Executive Order 14257.
In my judgment, I determine that it is still necessary and
appropriate to suspend duty-free de minimis treatment under 19
U.S.C. 1321(a)(2)(C) in the manner and for the articles
described below to deal with the unusual and extraordinary
threats, which have their source in whole or substantial part
outside the United States, to the national security, foreign
policy, and economy of the United States.
I determine that it is necessary and appropriate to suspend
duty-free de minimis treatment under 19 U.S.C. 1321(a)(2)(C)
for certain Canadian goods to deal with the emergency declared
in Executive Order 14193, as amended. In my judgment, this
suspension is necessary and appropriate to ensure that the
tariffs imposed by Executive Order 14193, as amended, are
effective in addressing the emergency declared in Executive
Order 14193 and that the purpose of this action and other
actions to address the emergency declared in Executive Order
14193 is not undermined. For example, many shippers go to great
lengths to evade law enforcement and hide illicit substances in
imports that go through international commerce. These shippers
conceal the true contents of shipments sent to the United
States through deceptive shipping practices. Some of the
techniques employed by these shippers to conceal the true
contents of the shipments, the identity of the distributors,
and the country of origin of the imports include the use of re-
shippers in the United States, false invoices, fraudulent
postage, and deceptive packaging. The risks of evasion,
deception, and illicit-drug importation are particularly high
for low-value articles that have been eligible for duty-free de
minimis treatment.
Independently, I determine that it is necessary and
appropriate to suspend duty-free de minimis treatment under 19
U.S.C. 1321(a)(2)(C) for certain Mexican goods to deal with the
emergency declared in Executive Order 14194, as amended. In my
judgment, and for substantially similar reasons as above, this
suspension is necessary and appropriate to ensure that the
tariffs imposed by Executive Order 14194, as amended, are
effective in addressing the emergency declared in Executive
Order 14194 and that the purpose of this action and other
actions to address the emergency declared in Executive Order
14194 is not undermined.
Independently, and after considering information newly
provided by the Secretary, among other things, I determine that
it is still necessary and appropriate to continue to suspend
duty-free de minimis treatment under 19 U.S.C. 1321(a)(2)(C)
for certain goods of the PRC and Hong Kong to deal with the
emergency declared in Executive Order 14195, as amended. In my
judgment, and for substantially similar reasons as above, this
suspension is still necessary and appropriate to ensure that
the tariffs imposed by Executive Order 14195, as amended, are
effective in addressing the emergency declared in Executive
Order 14195 and that the purpose of this action and other
actions to address the emergency declared in Executive Order
14195 is not undermined.
Also independently, I determine that it is necessary and
appropriate to suspend duty-free de minimis treatment under 19
U.S.C. 1321(a)(2)(C) on a global basis to deal with the
emergency declared in Executive Order 14257, as amended. In my
judgment, this suspension is necessary and appropriate to
ensure that the tariffs imposed by Executive Order 14257, as
amended, are not evaded and are effective in addressing the
emergency declared in Executive Order 14257 and that the
purpose of this action and other actions to address the
emergency declared in Executive Order 14257 is not undermined.
Each of my determinations to suspend or continue to suspend
duty-free de minimis treatment under 19 U.S.C. 1321(a)(2)(C)
are independent from the other. And each determination is made
only for the purpose to deal with the respective emergency and
not for the purpose of dealing with another emergency.
Sec. 2. Suspension of Duty-Free de minimis Treatment. (a)
The duty-free de minimis exemption provided under 19 U.S.C.
1321(a)(2)(C) shall no longer apply to any shipment of articles
not covered by 50 U.S.C. 1702(b), regardless of value, country
of origin, mode of transportation, or method of entry.
Accordingly, all such shipments, except those sent through the
international postal network, shall be subject to all
applicable duties, taxes, fees, exactions, and charges.
International postal shipments not covered by 50 U.S.C. 1702(b)
shall be subject to the duty rates described in section 3 of
this order. Entry for all shipments that--prior to the
effective date of this order--qualified for the de minimis
exemption, except for shipments sent through the international
postal network, shall be filed using an appropriate entry type
in the Automated Commercial Environment (ACE) by a party
qualified to make such entry.
(b) Shipments sent through the international postal network
that would otherwise qualify for the de minimis exemption under
19 U.S.C. 1321(a)(2)(C) shall pass free of any duties except
those specified in section 3 of this order, and without the
preparation of an entry by U.S. Customs and Border Protection
(CBP), until such time as CBP establishes a new entry process
and publishes that process in the Federal Register.
Sec. 3. Duty Rates for International Postal Shipments. (a)
Transportation carriers delivering shipments to the United
States through the international postal network, or other
parties if qualified in lieu of such transportation carriers,
must collect and remit duties to CBP using the methodology
described in either subsection (b) or (c) of this section. Each
transportation carrier shall apply the same methodology across
all covered shipments during any given period but may change
its methodology no more than once per calendar month, or on
another schedule determined to be appropriate by CBP, upon
providing at least 24 hours' notice to CBP.
(b) A duty equal to the effective IEEPA tariff rate
applicable to the country of origin of the product shall be
assessed on the value of each dutiable postal item (package)
containing goods entered for consumption.
(c) A specific duty shall be assessed on each package
containing goods entered for consumption, based on the
effective IEEPA tariff rate applicable to the country of origin
of the product as follows,
(i) Countries with an effective IEEPA tariff rate of
less than 16 percent: $80 per item;
(ii) Countries with an effective IEEPA tariff rate
between 16 and 25 percent (inclusive): $160 per item;
and
(iii) Countries with an effective IEEPA rate above 25
percent: $200 per item.
(d) For all international postal shipments subject to the
methodologies described in subsections (b) and (c) of this
section, the country of origin of the article must be declared
to CBP.
(e) The specific duty methodology provided for in
subsection (c) of this section shall be available for
transportation carriers to select for a period of 6 months from
the effective date of this order. After such time all shipments
to the United States through the international postal network
must comply with the ad valorem duty methodology in subsection
(b) of this section.
(f) Shipments sent through the international postal network
that are subject to antidumping and countervailing duties or a
quota must continue to be entered under an appropriate entry
type in ACE to the extent required by all applicable
regulations.
Sec. 4. Implementation. (a) The requirements and procedures
established by sections 2 and 3 of this order shall be
effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01
a.m. eastern daylight time on August 29, 2025.
(b) The provisions of this order supersede section 2 of
Executive Order 14256, as amended, with respect to goods
entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight time on
August 29, 2025.
(c) Consistent with applicable law, the Secretary of
Homeland Security is directed and authorized to take all
necessary actions to implement and effectuate this order--
including through temporary suspension or amendment of
regulations or through notices in the Federal Register and by
adopting rules, regulations, or guidance--and to employ all
powers granted to the President by IEEPA as may be necessary to
implement and effectuate this order. The Secretary of Homeland
Security, in consultation with the United States International
Trade Commission (ITC), shall determine whether modifications
to the Harmonized Tariff Schedule of the United States are
necessary to effectuate this order and may make such
modifications through notice in the Federal Register. The
Secretary of Homeland Security shall consult with the Secretary
of State, the Secretary of the Treasury, the Attorney General,
the Secretary of Commerce, the United States Trade
Representative, the ITC, and the Postmaster General, where
appropriate. The Secretary of Homeland Security may, consistent
with applicable law, redelegate any of these functions within
the Department of Homeland Security. All executive departments
and agencies shall take all appropriate measures within their
authority to implement this order.
(d) To ensure remittance of duties in accordance with this
order, and to assure compliance with other legal requirements,
CBP is authorized to require a basic importation and entry bond
as described in 19 C.F.R. 113.62 for informal entries valued at
or less than $2,500. Any carrier that transports international
postal shipments to the United States, by any mode of
transportation, must have an international carrier bond as
described in 19 C.F.R. 113.64 to ensure payment of the duties
described in section 3 of this order. CBP is authorized to
ensure that the international carrier bonds required by this
subsection are sufficient to account for the duties described
in section 3 of this order.
Sec. 5. Definition. As used in this order, the term
``effective IEEPA tariff rate'' means the total duty rate
imposed on articles to address a national emergency declared
under IEEPA, including Executive Order 14257, as amended;
Executive Order 14193; as amended, Executive Order 14194, as
amended; and Executive Order 14195, as amended, in accordance
with the stacking rules set out in Executive Order 14289 of
April 29, 2025 (Addressing Certain Tariffs on Imported
Articles), and any subsequent order or proclamation addressing
stacking or the applicability of tariffs imposed under IEEPA.
Sec. 6. Severability. (a) If any provision of this order or
the application of any provision of this order to any
individual or circumstance is held to be invalid, the remainder
of this order and the application of its provisions to any
other individuals or circumstances shall not be affected.
(b)(i) If the additional duties imposed under Executive
Order 14193, as amended, Executive Order 14194, as amended,
Executive Order 14195, as amended, or Executive Order 14257, as
amended, are held to be invalid, the suspension of, or
continued suspension of, duty-free de minimis treatment, as
detailed in this order, shall not be affected. Duty-free de
minimis treatment would still be suspended, whether pursuant to
my authority under 50 U.S.C. 1702(a)(1)(B) to ``regulate . . .
importation'' or my authority under that provision to
``nullify'' or ``void'' ``exercising any right . . . or
privilege with respect to . . . any property,'' in the way and
to the extent explained in this order, to deal with the
emergencies declared in Executive Order 14193, as amended,
Executive Order 14194, as amended, Executive Order 14195, as
amended, or Executive Order 14257, as amended. Such suspensions
are still necessary and appropriate to address the unusual and
extraordinary threats to the national security, foreign policy,
and economy of the United States. Each determination to suspend
or continue to suspend duty-free de minimis treatment is still
independent from the other determination and made only with the
purpose to deal with the respective emergency and not for the
purpose of dealing with another emergency. CBP is directed and
authorized to take all necessary actions consistent with
applicable law to implement and effectuate this order in line
with this section--including through temporary suspension or
amendment of regulations or through notices in the Federal
Register and by adopting rules, regulations, or guidance--and
to employ all powers granted to the President by IEEPA as may
be necessary to implement and effectuate this order in line
with this section.
(ii) Duty-free de minimis treatment under 19 U.S.C.
1321(a)(2)(C) shall remain available for postal
shipments until notification by the Secretary to the
President that adequate systems are in place to fully
and expeditiously process and collect duties applicable
for postal shipments otherwise eligible for duty-free
de minimis treatment. After such notification, duty-
free de minimis treatment under 19 U.S.C. 1321(a)(2)(C)
shall not be available for postal shipments.
Sec. 7. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
(d) The costs for publication of this order shall be borne
by the Department of Homeland Security.
Donald J. Trump.
The White House, July 30, 2025.
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