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Bills/119th Congress · House

H.R. 1840

Introduced

Closing the De Minimis Loophole Act

Sponsor
DLinda T. Sánchez· California
Introduced
March 4, 2025
Policy area
Foreign Trade and International Finance
Latest action
Referred to the House Committee on Ways and Means.March 4, 2025
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1840 Introduced in House (IH)]

<DOC>

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country, to such articles entered, or withdrawn from warehouse 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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