Could changes to customs policy undermine Trump’s de minimis ban?

With just days to go before China’s access to the de minimis trade exception is cut off, the Trump administration has quietly changed its policy on how shipments will be processed for entry into the United States.

An April 28 Federal Register notice announced the waiving of Customs and Border Protection (CBP) rules that would require formal entry for goods classified within HTSUS Chapter 99 Subchapters III and IV, that are valued at over $250 and subject to President Donald Trump’s International Emergency Economic Powers Act (IEEPA) duties.

Had these rules remained in place, shipments of this kind being imported into the U.S. would be subject to either Type 11 informal entry (for goods worth up to $250) or Type 01 formal entry (which doesn’t stipulate a value cap, but does require more data from shippers on package contents and origin).

Now, CBP said it’s pausing, for an unspecified period, the $250-dollar threshold for Type 11 informal entry, and allowing entries worth up to $2,500 to go through the informal entry process. Informal entry doesn’t require the use of a Customs broker or the posting of a bond, or have the same stringent data requirements as formal entry.