[Congressional Record Volume 168, Number 11 (Tuesday, January 18, 2022)]
[Extensions of Remarks]
[Page E41]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF THE IMPORT SECURITY AND FAIRNESS ACT

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                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                       Tuesday, January 18, 2022

  Mr. BLUMENAUER. Madam Speaker, since 1938 the intention of de minimis 
in U.S. trade law has been to ease the burden on the U.S. government 
related to processing imports--the revenue collected from imports of 
low value simply wasn't worth the effort. Instead of going through a 
formal process, these low-value imports enjoyed simplified import 
processes and didn't have to pay any duties, taxes, or fees due to the 
U.S. government. The original limit for such low value de minimis 
shipments was $1.
  The government has significantly raised this limit since 1938, to 
$200 in 1990s and most recently to $800 in 2016. The latest increase 
has coincided with an explosion in e-commerce packages that use the de 
minimis provision to enter the United States, currently more than two 
million packages per day. This influx of imports that do not pay 
duties, taxes, and fees and provide less data to the U.S. government 
has created a wide-ranging set of unaddressed issues, including 
compliance with U.S. laws and American competitiveness.
  Regulators including U.S. Customs and Border Protection (CBP) and the 
Consumer Product Safety Commission have raised strong concerns about 
compliance with basic U.S. laws designed to protect the United States 
from unsafe and illicit imports, including goods made with forced 
labor. Plus, imports that don't have to pay duties, taxes, and fees at 
the border gain a significant competitive advantage over other similar 
products, particularly when imported from countries with markets 
distorted by government intervention.
  The Import Security and Fairness Act addresses these concerns by 
prohibiting goods from countries that are both non-market economies and 
on the U.S. Trade Representative's (USTR) Priority Watch List from 
using de minimis. The legislation also prohibits goods subject to 
enforcement actions from using de minimis and closes the loophole for 
offshore distribution or processing facilities.
  I look forward to working with my colleagues to enact the Import 
Security and Fairness Act and improve compliance with U.S. law and 
American competitiveness.

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