July 14, 2026
Updated September 24, 2026

De Minimis 2026: Is Section 321 Still in Effect? What Importers Must Do Now

The short de minimis 2026 answer: no. Section 321 is still written into U.S. law, but duty-free de minimis treatment has been suspended for shipments from every country since August 29, 2025, and CBP made that suspension indefinite on June 24, 2026. No commercial shipment currently qualifies for $800 duty-free entry, and Congress has already repealed the de minimis statute effective July 1, 2027.

De minimis in 2026 at a glance

  • Section 321 duty-free entry is suspended for all countries, all modes, including mail.
  • Entry Type 86 is suspended. Low-value commercial shipments now clear on an informal entry (Type 11) or a formal entry.
  • Duties apply to every shipment, whatever its value.
  • The statute itself is repealed effective July 1, 2027.

Is Section 321 Still in Effect?

Legally, Section 321 (19 U.S.C. 1321) still exists, which is why the question keeps coming up. In practice, it does nothing for importers today. An executive order suspended duty-free de minimis treatment for all countries on August 29, 2025. After the Supreme Court’s February 20, 2026 ruling that IEEPA does not authorize tariffs, the administration issued a new order continuing the suspension, and on June 24, 2026 CBP published interim final rules suspending the exemption indefinitely under its own authority in Section 321(b). That last step matters: the suspension no longer depends on the IEEPA tariff authority the Court struck down.

De Minimis 2026 Timeline: How We Got Here

  • May 2, 2025: Shipments from China and Hong Kong lose de minimis eligibility.
  • July 4, 2025: The One Big Beautiful Bill Act repeals the de minimis exemption in statute, effective July 1, 2027.
  • August 29, 2025: Executive Order 14324 suspends duty-free de minimis treatment for all countries.
  • February 20, 2026: The Supreme Court rules in Learning Resources, Inc. v. Trump that IEEPA does not authorize tariffs. The same day, Executive Order 14388 continues the de minimis suspension, and CBP implements it effective February 24, 2026.
  • June 24, 2026: CBP publishes two interim final rules suspending de minimis indefinitely, one for non-postal shipments and one for mail. Release from manifest ends and Entry Type 86 is suspended.
  • July 24, 2026: A new Postal Informal Entry process takes effect for mail shipments valued at $2,500 or less, with an October 22, 2026 compliance date for certain requirements.

What Is Section 321 Entry Type 86?

Entry Type 86 was the ACE entry type CBP created in 2019 so low-value Section 321 shipments could be released duty-free electronically, including shipments that needed data for other agencies such as the FDA or CPSC. Many e-commerce sellers and cross-border fulfillment programs were built around it. Type 86 is now suspended, so any program that still assumes Type 86 releases needs a new entry plan.

Section 321 Entry Requirements Now: What Replaces De Minimis

With de minimis off the table, low-value shipments follow the normal entry rules:

  • Informal entry (Type 11): CBP names this the main informal entry method for commercial shipments valued at $2,500 or less. Duties are paid at entry.
  • Formal entry (Type 01 and others): Required above $2,500 and for certain regulated goods. Formal entries need a customs bond and usually a licensed customs broker.
  • Postal Informal Entry: For mail shipments of $2,500 or less, filers submit a monthly data file to CBP (HTS code, country of origin, value and duty rate) and pay through Pay.gov by the 7th of the month after arrival.
  • Partner agency data still applies: Low value never exempted a product from other agencies’ rules. For example, CPSC eFiling applies to regulated consumer products regardless of shipment value.

What This Means for E-commerce Brands

The old model of shipping individual parcels from overseas straight to U.S. customers, duty-free and with minimal data, is gone. Every parcel now carries duty and an entry filing, which pushes up landed cost and adds clearance risk to each order. For most brands selling into the U.S., the better math is to import in bulk on a formal entry, clear customs once, and fulfill domestically from a U.S. warehouse. Duty is paid once per container instead of once per parcel, customers get faster delivery, and returns stay in the country.

Argents runs that model end to end: freight forwarding from origin, licensed customs brokerage, and e-commerce fulfillment from Argents-operated hubs in Chicago, Charleston and Seattle-Tacoma. Run your numbers with the landed cost calculator, or see how Argents shifted China-sourcing brands to U.S. fulfillment when the first de minimis change hit.

Frequently Asked Questions

Is Section 321 still in effect in 2026?

No, not in any practical sense. The statute still exists, but CBP has suspended de minimis treatment indefinitely for all countries and all modes, and the statute is repealed effective July 1, 2027.

Can I still import shipments under $800 duty-free?

No. Since August 29, 2025, shipments valued at $800 or less owe duties like any other import and must clear on an informal or formal entry.

What entry type replaced Section 321 Entry Type 86?

CBP names informal entry Type 11 as the main method for commercial shipments of $2,500 or less. Higher-value or regulated shipments use a formal entry, and mail shipments use the Postal Informal Entry process.

Did the Supreme Court tariff ruling bring de minimis back?

No. CBP’s position is that the February 2026 IEEPA ruling did not address the de minimis suspension, and the June 2026 interim final rules rest on CBP’s own authority under Section 321(b) rather than IEEPA.

When does the de minimis repeal take effect?

The One Big Beautiful Bill Act repeals the de minimis exemption effective July 1, 2027. Until then, the indefinite suspension keeps duty-free treatment unavailable.

Sources: CBP interim final rule, non-postal (June 24, 2026); CBP interim final rule, mail (June 24, 2026); Executive Order 14388. Updated September 2026. This article is general information, not legal advice.

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