To amend section 321 of the Tariff Act of 1930 to enhance transparency with respect to shipments seeking an administrative exemption from duties for low-value entries, and for other purposes.
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 FIGHTING for America Act reforms the de minimis exemption that allows duty-free entry for low-value shipments (under $800). It requires detailed information for all such shipments, excludes certain product categories from the exemption, and imposes a $2 per-shipment processing fee. The bill targets abuse of this exemption for smuggling fentanyl and counterfeit goods.
Who Benefits and How
U.S. domestic manufacturers benefit from removal of tariff advantages for foreign competitors using de minimis shipping. U.S. workers in industries affected by dumping/countervailing duties gain protection. Customs and Border Protection receives additional resources through the $2 per-shipment fee. Intellectual property holders gain improved information sharing about suspected counterfeits.
Who Bears the Burden and How
E-commerce platforms (like Shein, Temu) and their Chinese suppliers face significant new compliance requirements and loss of duty-free status. Express delivery companies (FedEx, UPS, DHL) face new data submission requirements. Importers of goods subject to trade remedies lose de minimis eligibility. Consumers may face higher prices as duties are collected on previously exempt goods.
Key Provisions
- Requires 10-digit HTS classification and detailed shipper information for de minimis shipments
- Excludes goods subject to antidumping/CVD orders, Section 301/232 tariffs, and quotas from de minimis
- Imposes $2 customs user fee per de minimis shipment
- Designates fentanyl smuggling via de minimis as priority trade enforcement issue
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
Reforms the de minimis exemption (Section 321) for low-value imports to combat fentanyl smuggling, counterfeit goods, and duty evasion while protecting U.S. workers and collecting additional customs revenue
Key Policy Areas
Trade, Customs Enforcement, National Security, Consumer Protection
Primary Purpose
Reforms the de minimis exemption (Section 321) for low-value imports to combat fentanyl smuggling, counterfeit goods, and duty evasion while protecting U.S. workers and collecting additional customs revenue
Policy Domains
De Minimis Reform (Sections 2-13)
Identified Gains
Contextual inference, no direct clause citation- U.S. domestic manufacturers
- U.S. workers in trade-remedy protected industries
- Customs and Border Protection
- Intellectual property rights holders
Contextual inference, no direct clause citation
Identified Costs
Contextual inference, no direct clause citation- Foreign e-commerce platforms (Shein, Temu)
- Chinese exporters using de minimis
- Express consignment carriers
- U.S. consumers of low-cost imported goods
Contextual inference, no direct clause citation
Sponsors
Legislative Progress
IntroducedMr. Wyden (for himself, Ms. Lummis, Mr. Brown, Ms. Collins, …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Congress (oversight function), Customs and Border Protection, Partner government agencies (FDA, CPSC, EPA)
Customs and Border Protection faces effects in multiple directions
Positive-direction: Congress (oversight function), U.S. Customs and Border Protection (revenue)
Negative-direction: Partner government agencies (FDA, CPSC, EPA), Treasury Department, Treasury Department and CBP
Chinese exporters of goods subject to Section 301 tariffs, Counterfeit goods importers, Foreign shippers using de minimis exemption
E-commerce marketplaces and platforms, E-commerce platforms facilitating de minimis imports, Foreign direct-to-consumer e-commerce platforms
All affected parties, N/A - Short title only
Carriers of forfeited merchandise, Express consignment carriers (FedEx, UPS, DHL)
Intellectual property rights holders, U.S. domestic industries protected by trade remedies
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "cbp"
- → U.S. Customs and Border Protection
- "the_secretary"
- → Secretary of the Treasury
Key Definitions
Terms defined in this bill
Administrative exemption from duties under section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) for low-value imports
Articles of a type or class subject to significant import increases or persistent evidence of illicit goods, fraud, counterfeiting, or other malfeasance
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