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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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SCOTUS Denies Importers' Bid to Expedite Consideration of Cert Petition in IEEPA Suit
June 23, 2025 by Jacob Kopnick|Top News

The Supreme Court on June 20 denied a motion from importers Learning Resources and Hand2Mind to expedite consideration of their petition to have the high court take up their lawsuit against tariffs imposed under the International Emergency Economic Powers Act (Learning Resources v. Trump, Sup. Ct. # 24-1287).

Topics:Court of International Trade activity, Court of Federal Appeals Trade activity
US Tells SCOTUS No Need to Consider Cert Petition on Expedited Basis
June 20, 2025 by Jacob Kopnick|Top News

U.S. Solicitor General John Sauer urged the Supreme Court to reject two importers' bid to have the high court hear their case on whether the International Emergency Economic Powers Act provides for tariffs on an expedited basis. Sauer said the importers, Learning Resources and Hand2Mind, haven't justified "such a stark departure from established practice," which would see the Supreme Court take up the case prior to the U.S. Court of Appeal for the D.C. Circuit weighing in (Learning Resources v. Trump, Sup. Ct. # 24-1287).

Topics:Court of International Trade activity, Court of Federal Appeals Trade activity, Country of origin cases
SCOTUS Majority Finds That Lower Courts Aren't Bound by FCC Decisions
June 20, 2025 by Howard Buskirk|Bulletin

In a 6-3 ruling Friday, the U.S. Supreme Court decided in a key Telephone Consumer Protection Act case that lower courts aren’t bound by FCC and other agency decisions. The Hobbs Act gives the appeals courts general jurisdiction to enjoin, set aside, suspend or determine the validity of some agency orders, including most FCC orders, according to the decision in McLaughlin Chiropractic Associates v. McKesson. Major telecom trade groups have urged SCOTUS to reject arguments that a lower court can review an FCC decision, saying industry needs the certainty provided by the Hobbs Act (see 2412260037).