De minimis in 2026: the $800 exemption is gone
Short answer
Duty-free de minimis treatment has been suspended for shipments from every country since August 29, 2025. CBP made the suspension indefinite by regulation effective June 24, 2026, and a statute repeals the exemption outright on July 1, 2027. In practice: assume every package is dutiable regardless of value.
For decades, shipments valued at $800 or less could enter the United States free of duty with minimal customs processing. That treatment ended in two waves — first for China and Hong Kong in spring 2025, then for every country on August 29, 2025 under Executive Order 14324. Two later events locked it in. CBP published an interim final rule effective June 24, 2026 making the suspension indefinite for merchandise arriving by any mode other than the international postal network, with separate handling for postal shipments. And the One Big Beautiful Bill Act, signed in July 2025, terminates the exemption by statute on July 1, 2027 — a hard end date that does not depend on any executive action surviving review. The February 2026 Supreme Court decision striking down the IEEPA tariffs did not disturb the de minimis suspension; it rests on separate authority.
One distinction matters more than any other here, and it is the source of most confusion. Whether the de minimis exemption applies and which tariff rate applies are two different questions with two different answers. The exemption governs whether your shipment can enter without a duty assessment at all. The rate — Column 1 general duty, plus Section 301, Section 232, or any other active program — governs how much you owe once it is assessed. The suspension answered the first question for everyone. The second question still depends entirely on your product's classification and country of origin.
Timeline
Each event links to the government document that created it.
China and Hong Kong suspension
The first wave removed duty-free de minimis treatment for shipments from China and Hong Kong, the origins that accounted for the largest volume of low-value parcels.
White House — EO 14324Statutory repeal enacted
The One Big Beautiful Bill Act sets a hard end date for the de minimis administrative exemption of July 1, 2027, independent of any executive order.
CongressExecutive Order 14324 signed
The President signed an order extending the suspension of duty-free de minimis treatment to all countries worldwide.
White House — EO 14324Worldwide suspension takes effect
At 12:01 a.m. EDT, sub-$800 shipments from every country lost duty-free treatment. Requests for de minimis entry are rejected from this date.
White House — EO 14324Supreme Court strikes down the IEEPA tariffs
In Learning Resources, Inc. v. Trump the Court held 6-3 that IEEPA does not authorize the President to impose tariffs. This invalidated the reciprocal and drug-trafficking duties — but not the de minimis suspension, which rests on separate authority.
U.S. Supreme CourtIEEPA collection ends; Section 122 surcharge begins
CBP stopped collecting IEEPA duties at 12:00 a.m. ET and deactivated the associated HTSUS numbers in ACE. A 10% global surcharge under Section 122 took effect at 12:01 a.m. De minimis remained suspended throughout.
CBP — CSMS #67834313CBP makes the suspension indefinite by regulation
An interim final rule, effective on publication, requires formal or informal entry procedures for all merchandise valued at $800 or less arriving by any mode other than the international postal network. The comment period ran to July 24, 2026.
CBP — 91 FR / 2026-12670Section 122 expires; Section 301 replaces it
The 150-day statutory window for the Section 122 surcharge closed at 12:01 a.m. EDT and Congress did not extend it. A USTR Section 301 forced-labor action took effect the same moment, applying 10% or 12.5% to products of roughly 60 economies. De minimis remained suspended — this changed the rate layer, not the exemption.
USTR — 91 FR 47318- Scheduled
Statutory repeal takes effect
The de minimis administrative exemption is repealed by statute. De minimis is not coming back.
Congress
Common questions
Sources
- EO
- 14324
- effective
- 2025-08-29
- retrieved
- 2026-08-09
Extends the de minimis suspension to all countries worldwide effective 12:01 a.m. EDT August 29, 2025.
- FR
- 91 FR / 2026-12670
- effective
- 2026-06-24
- retrieved
- 2026-08-09
Interim final rule. Effective June 24, 2026; the comment period closed July 24, 2026. All entries valued at $800 or less arriving other than by international post must use formal or informal entry procedures.
- effective
- 2027-07-01
- retrieved
- 2026-08-09
Sets a hard statutory end date for de minimis of July 1, 2027, independent of any executive action.
- U.S. Supreme CourtLearning Resources, Inc. v. Trump (consolidated with Trump v. V.O.S. Selections, Inc.)
- effective
- 2026-02-20
- retrieved
- 2026-08-09
6-3 decision holding that IEEPA does not authorize the President to impose tariffs. Invalidates the reciprocal and drug-trafficking IEEPA tariffs from inception.
- CSMS #
- 67834313
- effective
- 2026-02-24
- retrieved
- 2026-08-09
IEEPA duties no longer collected for goods entered for consumption on or after 12:00 a.m. ET February 24, 2026. Associated HTSUS numbers deactivated in ACE. Explicitly does NOT affect Section 232 or Section 301.
- FR
- 91 FR 47318
- effective
- 2026-07-24
- retrieved
- 2026-08-09
Two-tier 10% / 12.5% additional duties on products of roughly 60 economies, effective 2026-07-24. Implemented in HTS Chapter 99 subchapter III at heading 9903.02, which carries 91 lines covering per-economy tiers, in-transit exceptions and carve-outs. No statutory expiration.