For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.
De Minimis. The Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains for America Act (announced Aug. 8 by Sens. Wyden, D-Ore., Lummis, R-Wyo., and others) would prohibit the use of de minimis entry for imports of certain types of goods, including (1) those designated as import-sensitive under the Generalized System of Preferences (e.g., textiles, apparel, and leather goods), (2) those subject to antidumping or countervailing duties, (3) those subject to Section 301, Section 232, or Section 201 tariffs, and (4) other types of goods that U.S. Customs and Border Protection has identified as experiencing a surge in de minimis imports or presenting a persistent risk of illegal importation. The bill would also require CBP to collect additional data on low-value shipments, including the HTSUS number and the identities of the seller, shipper, carrier, etc.
Other provisions of the bill would streamline procedures for CBP to seize and dispose of detained goods that are abandoned while seeking de minimis entry, increase penalties for violations of de minimis rules, impose a fee of $2 per shipment for the use of de minimis entry procedures, establish drug smuggling through de minimis entry procedures as a priority trade issue for CBP (triggering the allocation of additional resources and increased enforcement efforts), and require an annual report on the utilization of de minimis.
GSP. Sen. Cantwell (D-Wash.) has floated a discussion draft of legislation that would retroactively reauthorize the Generalized System of Preferences from Jan. 1, 2021, through Dec. 31, 2029. The bill would also add GSP eligibility criteria regarding environmental laws and regulations, human rights violations, poverty reduction, physical infrastructure, digital privacy, women’s empowerment, and other factors. Further, the bill would require the International Trade Commission to submit a report by July 1, 2026, on rules of origin, utilization rates, and eligibility requirements under GSP.
Tariffs. The Modern Steel Act (H.R. 9334, introduced Aug. 9 by Rep. Khanna, D-Calif.) would, as part of an effort to “bring next generation steel back to America,” require the International Trade Commission to study, recommend, and impose an ad valorem import tariff on foreign carbon-intensive steel that surpasses the U.S. average. The president would have executive authority to make adjustments to this tariff.
Foreign entities. H.R. 9338 (introduced Aug. 9 by Rep. Miller, R-Ohio) would restrict the advanced manufacturing production credit (which can be used for solar components, solar tracker components, wind energy components, inverters, battery components, and critical mineral production) with respect to components produced by, or in connection with, foreign entities of concern.
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