De Minimis Elimination: What You Need to Know About HTS Codes
The $800 de minimis exemption is gone. Every import into the US now requires a 10-digit HTS code filed electronically through ACE. Here's what changed and how to comply.
Last updated: March 2026.
What changed
Before August 29, 2025, goods valued under $800 entered the US duty-free under Section 321 of the Tariff Act — the "de minimis" exemption. These shipments didn't require formal customs entry, and critically, CBP regulations did not require the submission of HTS codes for de minimis entries.
That exemption has been suspended for all countries. Every import — regardless of value — now requires:
- A formal customs entry filed through ACE (Automated Commercial Environment)
- A 10-digit HTS code for each product
- Payment of applicable duties (MFN + Section 301/232 + any AD/CVD)
Who is affected
Anyone who previously shipped goods to the US without a formal customs entry:
- Direct-to-consumer ecommerce — Shein, Temu, AliExpress sellers and their logistics partners. These platforms shipped ~600,000 packages daily to the US under de minimis.
- Small importers and Etsy/Amazon sellers — sourcing individual products from overseas suppliers.
- Sample shipments — product samples, prototypes, and trade show materials.
- Returns and replacements — items shipped back from overseas repair or fulfillment centers.
- Freight forwarders and 3PLs — now responsible for classification on behalf of their clients.
What is an HTS code?
The Harmonized Tariff Schedule of the United States (HTSUS) is a 10-digit classification system that assigns a specific code to every product that can be imported. The code determines the duty rate.
| Level | Digits | Example | Meaning |
|---|---|---|---|
| Chapter | 2 | 61 | Knitted or crocheted apparel |
| Heading | 4 | 6109 | T-shirts, singlets, tank tops |
| Subheading | 6 | 6109.10 | Of cotton |
| Tariff line | 8 | 6109.10.00 | Specific duty rate applies here |
| Statistical suffix | 10 | 6109.10.00.12 | Men's — required for ACE filing |
You need all 10 digits. The first 6 are internationally harmonized (same worldwide). Digits 7-10 are US-specific.
How to classify your products
Option 1: Hire a customs broker
Licensed customs brokers charge $5-15 per additional line item for manual classification. For complex products, specialist consulting runs $150-500+ per classification. This works for small volumes but doesn't scale.
Option 2: Use the USITC website
The USITC website publishes the full tariff schedule. You can search by keyword or browse by chapter. Free but manual — you need to understand GRI (General Rules of Interpretation) to classify correctly.
Option 3: Use an API
For any volume above a few dozen products, API-based classification is the only practical option. Describe your product, get ranked HTS candidates with duty rates and evidence.
What duties will you owe?
The total duty on an import is the sum of multiple layers:
| Layer | Applies to | Typical rates |
|---|---|---|
| MFN (base rate) | All countries | 0-25% (varies by product) |
| Section 301 | China only | +7.5% or +25% |
| Section 232 | Steel/aluminum from most countries | +25% |
| Reciprocal tariffs | Various countries | +10% to +50% |
| AD/CVD | Specific products from specific countries | Varies widely |
For products from China, the effective duty rate is often 30-50% when all layers are combined — far from "free" under the old de minimis regime.
The EU follows in July 2026
The EU will abolish its €150 de minimis duty exemption from July 1, 2026. With 4.6 billion low-value parcels processed annually (91% from China), this will create another massive wave of classification demand.
Timeline of de minimis changes
| Date | Event |
|---|---|
| May 2, 2025 | De minimis revoked for China and Hong Kong. 85% drop in low-value parcel volume. |
| Aug 29, 2025 | De minimis suspended for ALL countries. Formal entry required for every import. |
| Jul 1, 2026 | EU abolishes €150 de minimis exemption. |
Sources
- Federal Register — Executive Order 14324, suspending de minimis for all countries (Aug 29, 2025)
- White House — Fact sheet on China/HK de minimis closure (May 2, 2025)
- CBP CSMS #64917563 — De minimis restrictions for China and Hong Kong
- EU Council — Final approval of new customs duty rules for small parcels (Feb 2026)
- European Commission — €150 exemption removal announcement
- CBP — E-Commerce FAQ (Section 321 requirements)