CBP Sends Proposal Ending de Minimis for Section 301 Goods to OMB for Review

CBP is apparently working on a regulatory change that would eliminate the $800 de minimis exemption for goods subject to Section 301 tariffs. The agency on Sept. 2 submitted to the Office of Management and Budget a proposed rule titled “Excepting Merchandise Subject to Section 301 Duties from the Customs De Minimis Exemption,” according to OMB’s Office of Information and Regulatory Affairs website.

OMB’s reviews are the final step before publication of a rule, and include an interagency review. They normally take 90 days, but can be extended to 120. Administration officials had reportedly been considering changes to Section 321, with options ranging from restrictions on its use for Section 301 merchandise to the de minimis limit's total elimination (see 2005180009). CBP did not comment.