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On August 13, 2026, the U.S. Court of International Trade held that the president has the legal authority, under the International Emergency Economic Powers Act (IEEPA), to eliminate the de minimis tariff exemption. The court’s decision means that goods valued at $800 or less — previously eligible for duty-free entry into the United States — will remain subject to applicable duties for the foreseeable future. Businesses that rely on low-value shipments should treat the de minimis exemption as effectively dead.
Under Section 321 of the Tariff Act of 1930, the U.S. government had long permitted goods valued under $800 to enter the country duty-free. Congress created this exemption on the theory that collecting small amounts of duty cost the government more than the revenue it generated. Over the decades, Congress raised the threshold — from $1 in 1938 to $200 in 1993 to $800 in 2016 — reflecting a policy goal of facilitating trade and reducing administrative burden for businesses and consumers alike. In practice, the exemption became the backbone of direct-to-consumer e-commerce shipping from overseas, particularly from China.
Beginning in February 2025, the president issued executive orders invoking IEEPA to suspend the de minimis exemption for goods from China and Hong Kong. After a brief reinstatement of the exemption, it was eliminated for China/Hong Kong effective May 2, 2025. The president subsequently expanded this action worldwide, suspending de minimis treatment for all countries effective August 29, 2025, pursuant to Executive Order 14324.
On February 20, 2026, the Supreme Court held that IEEPA does not authorize the president to impose tariffs. That ruling did not, however, address or disturb the de minimis suspension. On the same day as the decision, the president issued Executive Order 14388 to maintain the suspension on a separate legal footing, independent of the invalidated IEEPA tariffs. U.S. Customs and Border Protection (CBP) confirmed it would continue rejecting entries claiming the de minimis exemption. The suspension has since been codified in regulation at 19 C.F.R. § 10.151, and the One Big Beautiful Bill Act terminates the de minimis exemption by statute, effective July 1, 2027.
Against this backdrop, a family-run auto-parts distributor that had structured its business around shipping low-value packages duty-free from Mexico challenged the president’s authority to eliminate the exemption pursuant to his IEEPA authority prior to July 1, 2027.
The court ruled in the government’s favor on two key questions.
Companies that built supply chains or e-commerce models around duty-free treatment for shipments under $800 need to adapt now. This includes re-evaluating shipping and logistics strategies, ensuring customs compliance infrastructure can handle formal or informal entry procedures for all shipments, and accounting for duty costs in pricing models.
For guidance on navigating de minimis compliance, tariff exposure, and supply chain restructuring, contact the attorneys listed above or a member of Troutman Pepper Locke’s Tariff + Trade Task Force.
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