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Strengthens Customs authority over low‑value, direct-to-consumer imports by tightening the section 321 (de minimis) administrative exemption, adding a $2 per-shipment user fee for certain small entries, requiring more data and documentation from carriers/platforms/senders, and increasing penalties and summary forfeiture for abuse. It also requires annual and near‑term reports to Congress, directs CBP to share certain marketplace-provided images and package details, and creates a new priority trade focus on fentanyl and other illicit drugs shipped under the de minimis process.
Amend the matter preceding paragraph (1) of 19 U.S.C. 1628a(a) by striking the word "suspects" and inserting the phrase "has a reasonable suspicion".
Amend the matter preceding paragraph (1) of 19 U.S.C. 1628a(a) by striking "testing—" and inserting "testing, may—".
In paragraph (1) of 19 U.S.C. 1628a(a), make punctuation edits as specified: strike certain text and insert a semicolon as shown in the amendment. (This is a textual/punctuation change to paragraph (1) as amended.)
In paragraph (2) of 19 U.S.C. 1628a(a), make punctuation edits as specified: strike certain text and replace the period at the end with specified text (inserting "; and"). (This is a textual/punctuation change to paragraph (2) as amended.)
Add a new paragraph (3) to 19 U.S.C. 1628a(a) authorizing the provision to the person of nonpublic information about the merchandise that was: (A) generated by an online marketplace or other similar market platform, an express consignment operator, a freight forwarder, or any other entity that plays a role in the sale or importation of merchandise into the United States or the facilitation of such sale or importation (including copies or images of packaging, materials, labeling, or containers); and (B) provided to, shared with, or obtained by U.S. Customs and Border Protection.
Who is affected and how:
Platform operators and online marketplaces: will need systems to collect and share shipment details and packaging images on request, and to respond to increased information requests from CBP. This increases compliance costs and operational changes for cross‑border sellers and marketplaces.
Businesses, third‑party representatives, and marketplace sellers: sellers who ship low‑value goods directly to U.S. consumers face added documentation expectations, possible delays or detention, the new $2 per‑shipment fee for qualifying entries, and higher financial penalties and risk of summary forfeiture if rules are not followed or shipments are illicit.
Transportation service providers, carriers, and the U.S. Postal Service (USPS): carriers and postal operators will have to supply required entry data, may be recipients of CBP notices, and could face operational impacts (hold/transfer of goods, data reporting burdens). Electronic reporting requirements may be expanded.
U.S. Customs and Border Protection and partner federal agencies: CBP gains new powers for information sharing, detention, and summary forfeiture; partner agencies will need to coordinate more closely and respond to CBP referrals. Treasury/CBP must produce periodic reports and regulatory guidance, increasing administrative workload.
Consumers and small importers: may see slower deliveries, additional compliance steps for some imports, possible higher prices or seller reluctance to ship certain goods into the U.S., but may benefit from reduced illicit/fraudulent shipments reaching consumers.
Law enforcement and public health: improved tools to detect and interdict fentanyl and other illicit drugs shipped through low‑value channels could reduce public harm and support criminal enforcement.
Overall, the law shifts compliance and risk onto sellers, carriers, and platforms using the low‑value entry pathway, while expanding CBP’s data access, enforcement tools, and reporting obligations.
Adds a new subsection to 19 U.S.C. 1321 establishing documentation and information requirements (and related penalties and procedures) for articles claiming an administrative exemption under subsection (a)(2)(C).
Replaces existing subsection (b) to set the penalty for aiding unlawful importation as the greater of the domestic value of the article(s) or $5,000 and makes liability apply regardless of whether the articles were seized.
Amends subsection (c) of 19 U.S.C. 1499: redesignates certain subparagraphs as clauses, replaces language to name U.S. Customs and Border Protection as the actor, adds a new provision addressing detained merchandise for which an administrative exemption under section 321(a)(2)(C) is claimed (notice requirements, option to voluntarily abandon, 15‑day response deadline, deemed abandonment and vesting of title), and adds a new paragraph (5)(D) exempting such merchandise from subparagraphs (A)–(C). Also replaces each occurrence of the prior agency name with "U.S. Customs and Border Protection."
Adds a new priority trade issue (8) to 19 U.S.C. 4322(a) designating the smuggling of fentanyl, other illicit drugs, and related material by abusing entry procedures for merchandise qualifying for an administrative exemption under section 321 of the Tariff Act of 1930 as a priority trade issue.
Amends subsection (a) to (1) replace the term 'suspects' with 'has a reasonable suspicion' in the introductory matter, (2) change the framing so the Commissioner 'may' provide information to permit examination/testing (by altering 'testing—' to 'testing, may—'), (3) adjust punctuation in paragraphs (1) and (2), and (4) add a new paragraph (3) authorizing provision of nonpublic information generated by online marketplaces, express consignment operators, freight forwarders, or other similar entities that was provided to, shared with, or obtained by U.S. Customs and Border Protection.
Adds a new clause (iv) to subparagraph (C) of 19 U.S.C. 58c(a)(10) imposing a $2 per-shipment fee for entries or releases made under 19 U.S.C. 1321(a)(2)(C), payable by the party making entry.
Amends 19 U.S.C. 58c(b)(8)(D)(i) by inserting additional text after specified material; the text to be inserted is not included in the provided section excerpt.
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Read twice and referred to the Committee on Finance.
Introduced March 27, 2025 by Ronald Lee Wyden · Last progress March 27, 2025
Read twice and referred to the Committee on Finance.
Introduced in Senate