De Minimis Suspension in 2026: What $800 Imports Pay Now
The $800 de minimis exemption has been suspended since August 29, 2025. Low-value imports now pay full duty, and the suspension holds through 2026.
- Updated
- Reading time
- 4 min read
Key takeaways
- Since August 29, 2025, shipments valued at $800 or less no longer enter the US duty-free, from every country, under Executive Order 14324.
- The Supreme Court struck down the IEEPA tariffs on February 20, 2026, but Executive Order 14388, signed the same day, kept the de minimis suspension in place.
- CBP made the suspension indefinite in two interim final rules published June 24, 2026, and the Court of International Trade upheld it on August 13, 2026.
- Congress has also repealed the $800 de minimis exemption for commercial shipments effective July 1, 2027, through the One Big Beautiful Bill Act.
- Low-value shipments now pay the same duties as any other entry: the HTS base rate plus every Chapter 99 tariff that applies to the product and its country of origin.
Updated October 6, 2026
This post first covered the suspension in September 2025. The rules have moved since, so we've added where de minimis stands today. The short version: it's still gone, and Congress has repealed it for commercial shipments from July 1, 2027.
The US de minimis exemption, which let shipments valued at $800 or less enter duty-free, has been suspended for every country since August 29, 2025. It stayed suspended after the Supreme Court's IEEPA ruling in February 2026, CBP made the suspension indefinite in June 2026, and a court upheld it in August 2026. Today a $40 parcel pays duty the same way a $40,000 container does.
What changed on August 29, 2025
For years, a shipment valued at $800 or less could enter the United States free of duty. This was the "de minimis" exemption under 19 U.S.C. 1321, and it's a big part of how cross-border ecommerce got so cheap.
Executive Order 14324 ended that for every country starting August 29, 2025. From that date, low-value shipments had to pay duty like any other import.
What low-value shipments paid at first
When the suspension started, the main tariffs on most imports were the IEEPA tariffs (the "reciprocal" and fentanyl-related duties). For shipments arriving by international mail, carriers could pay one of two ways for the first six months:
- The ad valorem IEEPA rate for the country of origin, charged on the value of the item.
- A flat amount per item, based on that country's IEEPA rate:
| Country's IEEPA rate | Duty per item |
|---|---|
| Less than 16% | $80 |
| 16% to 25% | $160 |
| More than 25% | $200 |
Shipments arriving any other way (express couriers, freight) had to go through normal formal or informal entry and pay every duty that applied.
Is de minimis still suspended in 2026?
Yes. On February 20, 2026, the Supreme Court ruled in Learning Resources, Inc. v. Trump that IEEPA doesn't give the President the power to impose tariffs. The IEEPA tariffs stopped being collected, and their HTS headings went inactive on February 24, 2026.
A lot of people assumed de minimis would come back with that ruling. It didn't:
- February 20, 2026: Executive Order 14388, "Continuing the Suspension of Duty-Free De Minimis Treatment for All Countries," kept the suspension in place for all countries and all values. From February 24, mail shipments paid a duty equal to the new 10% Section 122 surcharge in place of the IEEPA rates.
- June 24, 2026: CBP published two interim final rules making the suspension indefinite, one for mail and one for every other mode of transport. The mail rule also created a postal informal entry for shipments valued at $2,500 or less, in use from July 24, 2026.
- July 23, 2026: the Section 122 surcharge expired. From July 24, many countries' goods pay a Section 301 forced-labor duty of 10% or 12.5% instead (see 2026 HTS Revision 13).
- August 13, 2026: the Court of International Trade granted summary judgment for the government in a challenge brought by Detroit Axle, upholding the suspension. The court separated taking away a duty-free privilege, which IEEPA allows, from imposing a new tariff, which it doesn't.
Behind all of this sits a permanent change: the One Big Beautiful Bill Act, signed in July 2025, repeals the $800 de minimis exemption for commercial shipments effective July 1, 2027 (the separate exemptions for travelers' purchases and gifts stay). The executive orders and CBP rules cover the period until then.
The flat per-item fees are gone
The $80, $160 and $200 per-item amounts were tied to IEEPA rates and ended with them. Mail shipments now pay the duties that actually apply to the product.
What duty do shipments under $800 pay now?
The same duty as any other entry of that product. The rates that apply are the HTS base rate plus whatever Chapter 99 tariffs cover that product from that country, for example:
- Section 232 on steel, aluminum, copper, autos and parts, and other covered products
- Section 301 on goods from China, from 7.5% to 100% depending on the product
- Section 301 forced-labor duties of 10% or 12.5% on products of 59 countries and the EU, from July 24, 2026
Which of these apply, and how they stack, depends on the product's HTS code and country of origin. Our guide to US tariff stacking rules explains which ones add up, and How US Tariffs Are Calculated walks through the math with real examples.
What this means for ecommerce sellers and importers
If you sell into the US through low-value parcels, every SKU now needs a correct 10-digit HTS code and a known duty rate. CBP's postal informal entry asks for exactly that: the description, country of origin, HTS code, value and duty for each shipment.
It's a paperwork job, and a pricing problem too: a product that paid nothing in 2024 can now carry a base rate plus one or more Chapter 99 tariffs, and those change with almost every HTS revision. The latest US tariff changes table tracks each one.
The fastest way to see what a specific product pays today is to run its HTS code and country of origin through the HTS Hero duty calculator, which stacks every program. Headline rates rarely tell the whole story.
Frequently asked questions
Is the $800 de minimis exemption still suspended in 2026?
Yes. The suspension that started on August 29, 2025 was continued by Executive Order 14388 on February 20, 2026, made indefinite by CBP interim final rules published on June 24, 2026, and upheld by the Court of International Trade on August 13, 2026.
What duty do I pay on a shipment under $800 now?
The same duty as any other entry of that product: the HTS base rate plus every Chapter 99 tariff that applies to the product and its country of origin, such as Section 232, Section 301 on Chinese goods, or the Section 301 forced-labor duty of 10% or 12.5% that applies to many countries from July 24, 2026.
Did the Supreme Court ruling on IEEPA tariffs bring de minimis back?
No. The February 20, 2026 decision in Learning Resources, Inc. v. Trump ended tariffs imposed under IEEPA, but it didn't restore de minimis. Executive Order 14388, signed the same day, kept the suspension in force, and the Court of International Trade later ruled that suspending the exemption was within the President's power.
Will de minimis ever come back?
Not under current law. The One Big Beautiful Bill Act, enacted in July 2025, repeals the $800 de minimis exemption for commercial shipments effective July 1, 2027, and CBP's June 2026 rules keep it suspended until then.
How do mail shipments under $800 pay duty now?
Under CBP's postal rule, mail shipments valued at $2,500 or less can use a new postal informal entry from July 24, 2026. The filer (the owner, purchaser or a licensed customs broker) reports each shipment's HTS code, origin, value and duty in a monthly spreadsheet and pays the duty by the seventh day of the following month.
Sources
The official documents this article is based on
- Executive Order 14324: Suspending Duty-Free De Minimis Treatment for All Countries (Federal Register)
- Executive Order 14388: Continuing the Suspension of Duty-Free De Minimis Treatment for All Countries (White House, February 20, 2026)
- CBP interim final rule: indefinite suspension of de minimis for all modes other than mail (June 24, 2026)
- CBP interim final rule: indefinite suspension of de minimis for mail shipments and new postal informal entry (June 24, 2026)
- Public Law 119-21 (One Big Beautiful Bill Act), Sec. 70531: repeal of the de minimis commercial shipment exception (GovInfo)
- Supreme Court: Learning Resources, Inc. v. Trump, No. 24-1287 (February 20, 2026)

Brendan McLaughlin · Founder of HTS Hero
Brendan is the founder of HTS Hero and a self-proclaimed tariff nerd. He has spent more than a year building and maintaining HTS Hero's tariff calculator, which meant reading every government tariff update and all 4,000+ pages of the Harmonized Tariff Schedule, across many revisions. He writes about US tariffs regularly on LinkedIn.
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