At the heart of this issue is the de minimis provision, which originates from Section 321 of the Tariff Act of 1930. This provision was initially designed to prevent the government from incurring excessive costs and hassles for small imports made by individuals in a single day, as long as the fair retail value of those imports did not exceed $1. Over the years, Congress has raised this threshold multiple times, and it currently stands at $800, making it the most generous de minimis exemption in the world. In contrast, Canada’s de minimis exemption is capped at only $15. //

A congressional report revealed that between fiscal year 2018 and 2021, more than two-thirds of de minimis imports came from China (including mainland and Hong Kong). In 2023 de minimis imports comprised an astonishing 1 billion parcels valued at approximately $54.5 billion, with around $18 billion in shipments originating from China.

The Select Committee on the CCP estimated that two Chinese companies accounted for more than 30 percent of the daily de minimis shipments in the U.S. These companies are Shein, a fast fashion online retailer based in Singapore that sources most of its products from China, and Temu, a China-based e-commerce marketplace offering a wide range of items from cosmetics to knock-off iPods. These companies ship their merchandise directly to American consumers at extremely low prices, utilizing small shipments that are exempted under de minimis provisions.