Reciprocal de Minimis Footnote in New NAFTA Still Raising Hackles in Congress

Washington state Democratic Rep. Suzan DelBene, who is for free trade, told U.S. Trade Representative Robert Lighthizer that she's becoming increasingly concerned about his position on de minimis. "I was troubled to see that the report you sent to Congress identifying changes to U.S. law suggested that you would seek to amend the statute that sets the de minimis threshold in the United States," she wrote in a follow-up to his Ways and Means Committee appearance in February,. "Do you plan to include language in the draft [U.S.-Mexico-Canada Agreement] implementing legislation that would reduce the US de minimis threshold? If so, what specific changes will you seek?"

Lighthizer didn't directly answer her question, instead saying he will consult with the House Ways and Means and Senate Finance committees' members "before making a final determination on implementing the flexibility we negotiated with respect to reciprocity of treatment." However, both parties' leaders on the Finance Committee already told Lighthizer in February that they are not interested in lowering the $800 de minimis standard (see 1902280005). Some have said that there is little danger that Congress will agree to lower de minimis levels in the NAFTA region (see 1810190043).

Rep. Jackie Walorski, R-Ind., also questioned whether the USTR had evaluated the cost to consumers by lowering de minimis, and whether he would ask for de minimis to be lowered worldwide, and he gave her the same answer.