# US court upholds removal of de minimis tariff exemption

> Live situation record from CLSTR: https://clstr.news/situations/us-court-upholds-removal-of-de-minimis-tariff-exemption
> Updated: 2026-08-13T22:12:00.000Z. Sources: 24. Developments: 2.

The US Court of International Trade has upheld the executive authority of President Donald Trump to rescind the ‘de minimis’ tariff exemption for low-value imports. The court ruled that under the International Emergency Economic Powers Act, the president has the power to revoke trade-related ‘privileges,’ such as the exemption for shipments valued at $800 or less.

This decision rejects legal challenges from importers who argued that the authority to set tariffs resides with Congress. The court maintained that the exemption is a ‘privilege’ rather than a right. Under the upheld policy, only private, good-faith gifts valued at less than $100 will continue to qualify for duty-free entry.

President Trump described the ruling as a ‘big win’ against a ‘giant loophole’ that he claims facilitated tariff evasion and the smuggling of fentanyl and counterfeit goods. The administration noted that the previous exemption resulted in an estimated $10.8 billion in lost tariff revenue in 2024. The policy change significantly impacts e-commerce platforms that rely on direct-to-consumer, low-value shipments.

## Claims

- The US Court of International Trade ruled that the president acted legitimately in suspending the de minimis exemption. (corroborated by 3 sources)
- The de minimis rule allowed foreign sellers to ship packages up to $800 without duties or rigorous controls. (corroborated by 3 sources)
- Small packages entering the United States can now be subject to customs duties. (corroborated by 3 sources)
- Only private, good-faith gifts valued under $100 remain eligible for the exemption. (corroborated by 3 sources)
- The de minimis regulation resulted in approximately $10.8 billion in lost US duty revenue in 2024. (corroborated by 2 sources)

## Timeline

### 2026-08-13: US Court upholds duties on small packages under $800

A US court has upheld an executive order allowing customs duties on small packages under $800, ending the 'de minimis' exemption for most imports except for private gifts under $100.

9 sources. https://clstr.news/cluster/us-court-upholds-duties-on-small-packages-under-800

### 2026-08-13: US Court upholds Trump's authority to end de minimis tariff exemption

The US Court of International Trade upheld President Trump's authority to end the “de minimis” tariff exemption for low-value imports, citing the president's emergency economic powers.

15 sources. https://clstr.news/cluster/us-trade-court-upholds-trumps-removal-of-de-minimis-exemption

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Cite as: US court upholds removal of de minimis tariff exemption. CLSTR, https://clstr.news/situations/us-court-upholds-removal-of-de-minimis-tariff-exemption