Project 2025 Tracker / What’s done, what’s next

26. Trade · Notable · Contested — excluded from counts

End China's use of the $800 de minimis tariff exemption

Done

Printed page 789 26. Trade · from “The Case for Fair Trade”

“Stop Communist China’s abuse of the so-called de minimis exemption, which allows it to evade the tariffs for products valued at less than $800.”

What has happened

  1. Done

    The suspension survived the collapse of the IEEPA tariffs and became regulation. EO 14324 (2025-07-30) had extended it to all countries; section 6 of that order provided that the suspension would stand even if the underlying IEEPA duties were held invalid, and after the Supreme Court so held, EO 14388 (2026-02-20) continued it. CBP then wrote it into 19 CFR by two interim final rules published 2026-06-24 - an indefinite suspension for all non-postal modes (effective that day) and for mail (effective 2026-07-24). Separately, section 70531 of Pub. L. 119-21 repeals the commercial-shipment de minimis exception outright from 2027-07-01.

  2. Done

    EO 14256: Commerce having certified that collection systems were ready, duty-free de minimis "shall no longer be available for products of the PRC (which include products of Hong Kong)", including international postal packages, for goods entered on or after 2025-05-02. This is the ask in its own words, and it has not been undone since.

  3. Reversed

    EO 14200 replaced section 2(g) of EO 14195 with the opposite rule - de minimis "is available" for covered PRC articles until the Secretary of Commerce notified the President that systems were in place to collect the duty. The exemption China used was back.

  4. Done

    EO 14195, section 2(g): "duty-free de minimis treatment under 19 U.S.C. 1321 shall not be available" for articles that are products of the PRC, effective for goods entered on or after 12:01 a.m. on 2025-02-04. It operated for about one day.

Research log

What was searched, and what didn’t count as evidence

Research notes

The one-day done of February 2025 is recorded rather than smoothed away, on the reading settled for #2075: duration does not defeat done, and the reversal has its own instrument and its own date. EO 14200’s text is the proof that the February elimination had taken effect - it had to be replaced, not merely postponed.

Why this survived 2026-02-20 when the China tariffs did not: the de minimis suspension rests on 19 U.S.C. 1321(a)(2)(C), which lets the Secretary prescribe when the administrative exemption is available, and EO 14324 section 6 was drafted to stand on its own if the IEEPA duties fell. Learning Resources, Inc. v. Trump reached the tariffs, not the exemption. That is why #2075 is reversed and this item is done on the same February 2026 record.

Also loaded, not needed as Evidence: EO 14324 (2025-07-30, https://www.federalregister.gov/documents/2025/08/05/2025-14897/suspending-duty-free-de-minimis-treatment-for-all-countries) and EO 14388 (2026-02-20, https://www.federalregister.gov/documents/2026/02/25/2026-03829/continuing-the-suspension-of-duty-free-de-minimis-treatment-for-all-countries), both of which are about all countries rather than about China specifically.

Section 70531 of Pub. L. 119-21, which repeals the commercial-shipment de minimis exception outright from 2027-07-01, was read at https://www.govinfo.gov/content/pkg/PLAW-119publ21/html/PLAW-119publ21.htm. It is named in the 2026-06-24 event’s note rather than attached as Evidence there, because its own date is 2025-07-04.

Action
eliminate
Object
De minimis tariff exemption
ID
2077