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321 de minimis

De minimis is a policy described in 19 U.S.C. 1321 that allows the import of low value articles duty and tax free, provided their aggregate fair retail value does not exceed $800 in the country from which the articles are imported.  Additionally, the articles must be imported by only one person on one day. The previous de minimis threshold was $200, but the Trade Facilitation and Trade Enforcement Act of 2015 increased it to $800. Increasing volumes of de minimis merchandise, along with enforcement concerns related to fentanyl and counterfeit merchandise, among other things, have prompted calls to restrict the pathway. De minimis goods may be cleared off manifest, or qualifying goods may be entered under the informal Type 86 entry type.

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DOJ Charges Chinese Companies, Executives With Illegally Trafficking Fentanyl Precursor Chemicals
June 26, 2023 by Jacob Kopnick|Penalties and Courts

DOJ rolled out indictments on June 23 against four China-based chemical manufacturing companies and eight employees and executives at these companies for knowingly making, selling and distributing precursor chemicals for fentanyl proliferation in the U.S. Filing three cases at two New York district courts, Attorney General Merrick Garland said the suits stand as an effort to target "every step of the movement, manufacturing, and sale of fentanyl -- from start to finish." The cases mark the first time a Chinese company or individual has been charged for trafficking fentanyl precursor chemicals.

New T-Mobile Data Breach Class Action Is Filed in Same Mo. Court as MDL
June 21, 2023 |Fraud

The personally identifiable information (PII) of plaintiffs Peter Ferrendino and Jacob Kilgore was “exfiltrated and compromised” in the data breach that T-Mobile announced Jan. 19, alleged a new class action Friday (docket 4:23-cv-00418) in U.S. District Court for Western Missouri in Kansas City. That’s the same court to which the Judicial Panel on Multidistrict Litigation, in a June 2 order (see 2306050001), transferred the 16 previous class actions emanating from the same data breach for pretrial consolidation under U.S. District Judge Brian Wimes. The Ferrendino/Kilgore case was assigned to U.S. District Judge Fernando Gaitan. Their class action arises from T-Mobile’s failure “to protect their information systems that contain PII,” and its failure to provide “timely and adequate notice” to the plaintiffs and their proposed class members that their PII “had been compromised,” it said. The data breach “was a direct result of T-Mobile’s failure to implement adequate and reasonable cybersecurity procedures and protocols,” it said. The complaint, for negligence, breach of contract and invasion of privacy, alleges violations of multiple statutes, including the Ohio Consumer Sales Practices Act, the Ohio Deceptive Trade Practices Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and the Declaratory Judgment Act. Ferrendino is a resident of Pennsylvania and Kilgore lives in Ohio.