Rulemaking to Remove Section 301 Tariff Goods from De Minimis Coming

The Biden administration will issue a notice of proposed rulemaking to forbid all goods subject to major trade actions, including Section 301 tariffs, from de minimis entry, the White House announced. It will also issue a notice of proposed rulemaking to require information submissions for de minimis packages, including the 10-digit HTS code and the person receiving the goods.

In addition, the Consumer Product Safety Commission plans "to propose a final rule requiring importers of consumer products to file Certificates of Compliance (CoC) electronically with CBP and CPSC at the time of entry, including for de minimis shipments," the White House said.

The administration also asked Congress to pass a bill restricting de minimis before the end of the year. It asked that the bill carve out all apparel from eligibility, and said that the bill should also address Section 301 goods, as "legislative action by Congress to make this statutory change would help to achieve this important reform more quickly." The announcement said 301 tariffs cover about 40% of all imports, and 70% of textile and apparel imports from China.