CPA Statement on Wyden, Lummis, Brown, Collins, and Casey Bipartisan De Minimis Bill

WASHINGTON — The Coalition for a Prosperous America (CPA) today released a statement after U.S. Senators Ron Wyden (D-O), Cynthia Lummis (R-WY), Sherrod Brown (D-OH), Susan Collins (R-ME), and Bob Casey (D-PA) released bipartisan legislation to address the de minimis loophole. The Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains (FIGHTING) for America Act seeks to tighten rules for imports using the de minimis loophole and to help U.S. Customs and Border Protection (CBP) stop unlawful imports exploiting the de minimis loophole, including illegal shipments of fentanyl.

Importantly, Section 5 of the legislation would ban all apparel imports from using the de minimis loophole—a provision that CPA strongly supports. However, the legislation also has flaws that would make the anarchy created by de minimis even worse. Sections 4 and 6 of the bill would make the Type 86 test a permanent feature of law, limiting CBP’s ability to curtail contraband shipments.

In testimony before the the House Homeland Security Subcommittee on Oversight, Investigations, and Accountability, CPA CEO Michael Stumo outlined why Type 86 Entry is particularly problematic. “De minimis has bred such routine lawlessness at our ports that even fentanyl shippers are opting to voluntarily enroll in Type 86 de minimis entry,” testified Stumo. “[CBP Trade Director] Lord said that members of his team, along with CBP broker management officials, recently visited nearly a dozen different brokers who had filed more than one Type 86 entry for a package that CBP discovered contained fentanyl.”

CPA has been one of the leading voices in calling for closing the de minimis loophole, which allows packages valued at less than $800 to enter the U.S. without facing any taxes, fees, or inspection. As a result, this cripples domestic manufacturers and workers, undermines retailers, and strains law enforcement resources. It also kills thousands of people who are poisoned by fentanyl each year—the leading cause of death for people ages 18-49.

“We appreciate Chairman Wyden and Senators Lummis, Brown, Collins, and Casey for putting forward a de minimis proposal and for recognizing that this dangerous loophole must be closed,” said Michael Stumo, CEO of CPA. “There is a strong and growing bipartisan consensus that the de minimis loophole has created rampant lawlessness and is facilitating the import of high-risk, illegal, and dangerous products—including deadly fentanyl poison that is killing tens of thousands of Americans each year. We look forward to working with Congress to continue improving the legislation to make sure importers are identifiable and accountable, import fees reflect the true costs of customs processing and inspection, and that foreign shippers abide by the same laws that Americans abide by.”