Customs Publishes Proposed Rules To Permanently Suspend De Minimis Exemption Program

Jun 25, 2026

On June 23, 2026, U.S. Customs and Border Protection (CBP) published two proposed rules establishing a new legal basis for indefinitely suspending the de minimis duty exemption for low-value imports. 

Background

In February 2026, the U.S. Supreme Court ruled that the President could not rely on the International Emergency Economic Powers Act (IEEPA) to impose certain tariffs. The Supreme Court did not address suspension of the de minimis exemption using IEEPA in that ruling. Following the decision, supporters of the de minimis exemption filed legal challenges with the U.S. Court of International Trade (CIT), arguing that the Administration likewise could not use emergency authorities to eliminate the tariff exemptions formerly provided under the de minimis program.

Hoping to avoid a potential negative ruling from the Court of International Trade, CBP has introduced two proposed rules using a different legal justification for suspending the program. Instead of relying on IEEPA, the agency cites its authority under the Tariff Act of 1930, which permits CBP to limit or suspend tariff exemptions "for any reason to protect the revenue or to prevent unlawful importations."

Language in the notices shows that CBP is adopting these regulatory measures “independently pursuant to [its] own statutory authority” and would do so even in the absence of any related Executive Orders, referring to the Executive Order that suspended de minimis exemptions worldwide. This indefinite suspension means that all entries of merchandise valued at $800 or less arriving through all modes other than the international postal network must utilize formal or informal entry procedures. 

Impact on the RV Industry

For the RV industry, this is generally a positive development because it makes the suspension of the de minimis program less likely to be overturned in court. Instead of relying on a presidential emergency order, CBP is using an older trade law that gives it independent authority to limit the program. This helps ensure imported low-value goods are less likely to keep coming in without duties, supporting fairer competition for U.S. manufacturers.

The proposed rules will take effect for packages entering through the international postal network on July 24, 2026, unless modified. Public comments on both proposed rules are also due by July 24, 2026.

To read the Federal Register Notices, click here and here.

The RV Industry Association will continue to provide information as it becomes available. For a comprehensive overview of tariffs currently enacted, view the tariff tracker

For additional information, please contact Samantha Rocci, Director of Federal Affairs (srocci@rvia.org).