HR805-119

Introduced

To amend section 321 of the Tariff Act of 1930 to modify the administrative exemptions under that Act.

119th Congress Introduced Jan 28, 2025

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The "End China's De Minimis Abuse Act" closes a loophole that allows low-value packages (under $800) to enter the United States without paying customs duties. Currently, Chinese e-commerce platforms like Temu, Shein, and AliExpress exploit this exemption to ship millions of small packages duty-free, even when those goods are subject to tariffs for unfair trade practices. The bill specifically targets imports from countries whose goods face Section 301 tariffs (primarily China) and requires detailed product classification for these shipments.

Who Benefits and How

Domestic manufacturers benefit by facing less competition from duty-free Chinese imports that currently undercut their prices. U.S. brick-and-mortar retailers gain a more level playing field against Chinese e-commerce platforms that avoid paying tariffs. Customs brokers and freight forwarders benefit from increased business as importers need professional help navigating the new classification requirements and formal customs entry process.

Who Bears the Burden and How

E-commerce platforms like Temu, Shein, and AliExpress face significantly higher costs as they must now pay tariffs on millions of small shipments and file formal customs entries with detailed product codes. U.S. consumers pay higher prices on low-cost Chinese goods as the cost of tariffs gets passed through. Chinese exporters face new barriers to the U.S. market as their shipments become more expensive and require more paperwork. U.S. importers of Chinese consumer goods must provide 10-digit Harmonized Tariff Schedule codes and face civil penalties of $5,000 for first violations and $10,000 for subsequent violations.

Key Provisions

  • Eliminates the $800 de minimis exemption for any article from countries subject to Section 301 tariffs, anti-dumping duties, countervailing duties, Section 201 safeguards, or Section 232 national security tariffs
  • Requires importers to provide detailed 10-digit product classification codes for "covered articles" (goods from countries with Section 301 tariffs) through electronic filing systems
  • Prohibits splitting orders into multiple small shipments to circumvent the exemption
  • Imposes civil penalties of $5,000 for first violations and $10,000 for each subsequent violation
  • Takes effect 30 days after enactment

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Eliminates the $800 de minimis customs exemption for imports from countries subject to Section 301 tariffs (primarily China) and imposes stricter classification requirements.

Who Benefits

  • Domestic manufacturers competing with Chinese imports
  • U.S. retailers facing unfair competition from duty-free Chinese e-commerce
  • Customs revenue (increased duty collection)

Who Bears Costs

  • E-commerce platforms (Temu, Shein, AliExpress)
  • Chinese exporters
  • U.S. consumers (higher prices on low-value imports)

Key Policy Areas

Trade, Tariffs, Customs, International Commerce

Primary Purpose

Eliminates the $800 de minimis customs exemption for imports from countries subject to Section 301 tariffs (primarily China) and imposes stricter classification requirements.

Policy Domains

Trade Tariffs Customs International Commerce

Legislative Strategy

"Target Chinese e-commerce imports by eliminating de minimis exemption for countries subject to Section 301 tariffs, forcing formal customs entry and duty collection"

Identified Gains

  • Domestic manufacturers competing with Chinese imports
  • U.S. retailers facing unfair competition from duty-free Chinese e-commerce
  • Customs revenue (increased duty collection)

Identified Costs

  • E-commerce platforms (Temu, Shein, AliExpress)
  • Chinese exporters
  • U.S. consumers (higher prices on low-value imports)
  • U.S. importers (increased compliance costs)

Legislative Progress

Introduced
Introduced Committee Passed
Jan 28, 2025

Mr. Murphy introduced the following bill; which was referred to …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Retail
2 mentions across 1 clause
+1 positive -1 negative

E-commerce platforms importing from China (Temu, Shein, AliExpress), U.S. brick-and-mortar retailers facing competition from duty-free Chinese e-commerce

Positive-direction: U.S. brick-and-mortar retailers facing competition from duty-free Chinese e-commerce

Negative-direction: E-commerce platforms importing from China (Temu, Shein, AliExpress)

Trade
2 mentions across 1 clause
-2 negative

Chinese exporters to U.S. consumer market, U.S. importers of Chinese consumer goods

Consumers
1 mention across 1 clause
-1 negative

U.S. consumers purchasing low-cost Chinese goods online

Manufacturing
1 mention across 1 clause
+1 positive

Domestic manufacturers competing with Chinese imports

Government
1 mention across 1 clause
?1 uncertain

Customs and Border Protection

1/2
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Trade Tariffs Customs
Actor Mappings
"the_secretary"
→ Secretary of the Treasury (implied by Tariff Act)
"customs_and_border_protection"
→ U.S. Customs and Border Protection

Key Definitions

Terms defined in this bill

1 term
"covered article" §2(b)(3)(B)

An article the origin of which is a country with any goods subject to duties or other import restrictions under section 301 of the Trade Act of 1974 (19 U.S.C. 2411)

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology