[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1840 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1840
To provide for phase-out of de minimis treatment under the Tariff Act
of 1930, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 2025
Ms. Sanchez introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To provide for phase-out of de minimis treatment under the Tariff Act
of 1930, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing the De Minimis Loophole
Act''.
SEC. 2. ELIMINATION OF DE MINIMIS TREATMENT UNDER THE TARIFF ACT OF
1930.
(a) In General.--Section 321(a)(2) of the Tariff Act of 1930 (19
U.S.C. 1321(a)(2)) is amended--
(1) in subparagraph (B), by striking ``, or'' and inserting
``; and''; and
(2) by striking subparagraph (C) and all that follows
through ``subdivision (2); and''.
(b) Delayed Applicability Date.--The amendments made by this
section shall take effect on the date of the enactment of this Act and
apply--
(1) with respect to articles originating in China,
beginning on the date of the enactment of this Act, except with
respect to such articles that were loaded onto a vessel at the
port of loading, or in transit on the final mode of transport
prior to entry into the United States, during the 3-day period
ending on such date of enactment; and
(2) with respect to articles originating in any other
country, to such articles entered, or withdrawn from warehouse
for consumption, on or after the date that is 120 days after
the date of the enactment of this Act.
(c) Rulemaking Required.--Pursuant to the authority under section
251 of the Revised Statutes (19 U.S.C. 66) and any other applicable
provision of law, the Secretary of the Treasury shall, during the 120-
day period beginning on the date of the enactment of this Act, carry
out a rulemaking process to--
(1) consistently implement the termination of privileges
with respect to entry of articles that were authorized under
section 321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C.
1321(a)(2)(C)) before the date of the enactment of this Act,
including with respect to entry procedures;
(2) ensure that data requirements and entry procedures for
informal modes of entry are sufficient to ensure the effective
enforcement of the laws of the United States and the efficient
and accurate collection of duties, fees, and taxes, including
by requiring entities making entry of an article under any of
chapters 50 through 63 of the Harmonized Tariff Schedule of the
United States (HTS) to provide an identification of the HTS
heading number or subheading number, including at the 10-digit
level if applicable; and
(3) ensure that regulations and guidance establishing,
implementing, and collecting penalties and liabilities
associated with informal entry are sufficient to deter unlawful
or fraudulent activity and to ensure the exercise of reasonable
care in completing and providing accurate documentation.
(d) International Postal Agreements.--In the case of shipments, the
entry or release of which would have been made under section
321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) before
the date of the enactment of this Act, that are sent to the United
States through the international postal network, the Secretary of the
Treasury, in consultation with the Postmaster General, shall determine
appropriate fees and procedures to ensure, to the extent feasible,
consistency between the treatment of shipments by the U.S. Postal
Service and other shipments, and may prescribe such changes through
regulation.
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