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Is Section 321 Going Away, or Still Valid in 2026?

Updated: January 6th, 2026

Remember when packages under $800 could cruise through U.S. customs without duties or a pile of paperwork? That shortcut came from Section 321’s de minimis exemption, and for years it helped e‑commerce sellers ship millions of small parcels straight to buyers’ doorsteps. In fiscal 2024, CBP cleared more than 1.3 billion of those low‑value shipments. Then 2025 arrived and changed the rules.

The TLDR is this – Starting August 29, 2025, section 321 will be fully suspended worldwide for all commercial shipments to the US, regardless of the country of origin. Further restrictions exclude de minimis eligibility for goods subject to Sections 201, 232, or 301 tariffs, affecting products like steel, electronics, and apparel, while exemptions for FDA-regulated items in low-value shipments have been revoked to enhance safety. The One Big Beautiful Bill Act, signed July 4, phases out the exemption entirely by July 2027 to level the playing field for U.S. retailers, projecting $2.8 trillion in tariff revenue over a decade; businesses should adapt by nearshoring to Mexico or consolidating shipments to minimize rising costs. If you need more detail, read on.

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How Section 321 Worked Before


Under Section 321, any single package valued at $800 or less could skip duties and enter via an informal clearance process. Sellers benefited from faster delivery and lower costs, even when goods carried special tariffs on steel, aluminum or on Chinese‑made items under earlier trade actions.

Trade‑War Measures in H1, 2025


In February 2025, the administration halted de minimis relief for goods coming from China, Hong Kong, Canada and Mexico. That sudden move snarled postal operations and overloaded CBP. After a brief pause to fix technical glitches, officials permanently revoked the exemption for China and Hong Kong on May 2. Now every Chinese‑origin parcel must clear under formal or informal entry rules and pay whatever duties apply, even a $20 gadget.

At the same time, any product hit by Section 301 China tariffs, Section 232 steel/aluminum duties or new “national security” levies can no longer dodge those charges with the $800 rule. Low‑value no longer means no duty on those categories.

New Limits in the “One Big Beautiful Bill Act”


When Congress signed H.R. 1 on July 4 2025, it tightened de minimis in two ways:

  1. Civil fines for misuse take effect August 3 2025. Anyone who splits a large order into many $799 parcels or misstates value faces up to $5,000 in fines for a first violation and $10,000 for repeat offenses.
  2. Special volume carve‑outs end July 1 2027. After that date, only the basic $800‑per‑day‑per‑person threshold applies. No more workarounds for high‑volume shippers.

Those measures aim to stop counterfeit or unsafe goods from slipping through and to protect U.S. manufacturers from a flood of duty‑free imports.

What Importers Should Do Now


If your goods come from a country not under special tariffs, you can still use the $800 exemption. But tighter checks at the border mean extra entries, more paperwork and potential broker fees. To adapt, you might:

– Map which origins still qualify for de minimis and which require formal entries.
– Engage customs brokers early to handle classification and duty payments.
– Monitor how many low‑value packages reach the same recipient each day.
– Split your workflow into small‑parcel shipments for non‑restricted origins and formal entries for high‑tariff or China‑sourced goods.

Section 321’s $800 exemption continues for many trading partners, but 2025’s actions have narrowed its reach and will sunset completely at the end of August. If you built your model on duty‑free drop‑shipments from China, those days are gone. Revise your shipping plan and sharpen your customs compliance, and you can keep parcels moving smoothly without getting hit by unexpected duties.

Timeline of Events

DateActionImpact on Section 321
Jan 21, 2025CBP proposes de minimis ineligibility for tariffed goods.Excludes Sections 201/232/301 products.
Feb 1, 2025Executive order eliminates de minimis for China.Full duties on low-value Chinese imports.
Apr 2, 2025Further amendments target opioid supply chains via de minimis.Heightens scrutiny on small packages.
Apr 8, 2025Reciprocal tariffs expanded; de minimis limited for non-Chinese suppliers.Broader e-commerce challenges.
Jul 4, 2025Big Beautiful Bill signed (see below).Sets full elimination for 2025.