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The Journal.

A Tariff Loophole Just Closed. What That Means for Online Shopping.

Fri, 02 May 2025

Description

A little-known trade provision is ending, and it will likely upend business for e-commerce companies and raise prices for consumers. De minimis has allowed companies to avoid duties on shipments to the U.S. that are worth $800 or less. It’s a program that many companies, especially e-commerce giants, Shein and Temu, have taken advantage of to keep prices low. WSJ’s Shen Lu explains how President Donald Trump has now ended that program for products from China and Hong Kong. We also speak with the CFO of shoe company Kuru about how the new rules could change their business. Jessica Mendoza hosts.    Further Listening: -Shein: Fast Fashion, Slow IPO  -The Billionaire Caught Between Trump and China  -China Unleashes a Trade War Arsenal  Sign up for WSJ’s free What’s News newsletter.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Audio
Transcription

Chapter 1: What recent changes have affected online shopping tariffs?

5.543 - 17.723 Jessica Mendoza

President Trump's trade war with China has made its way into your online shopping cart. Some of the most popular websites where you might find yourself paying more are Shein and Taimou.

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18.264 - 21.266 Shen Lu

Has anyone looked at their Shein cart this morning?

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21.466 - 28.712 Advertisement Speaker

My $18 free shipping Taimou order that I tried to place last night had a $27 import charge.

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29.032 - 31.294 Advertisement Speaker

Import charge is $55.11.

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32.575 - 36.679 Advertisement Speaker

So I just watched the prices in my Shein cart triple.

Chapter 2: What is the de minimis exemption and why is it ending?

37.805 - 57.661 Jessica Mendoza

These added charges are largely a reaction to the Trump administration's high tariffs on goods from China. Right now, those tariffs are hitting an average of 165 percent. But there's a second reason the price tags on these products are going up, and it has to do with something called de minimis. De minimis. De minimis. De minimis.

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57.741 - 59.282 Matt Barnes

It's called the de minimis threshold.

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59.342 - 80.693 Jessica Mendoza

The Trump administration is ending today something called the de minimis exemption. It kind of sounds like a Harry Potter spell, but it's actually a trade provision. Basically, it means companies don't have to pay taxes on goods they're bringing into the U.S. as long as those goods are worth $800 or less.

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81.634 - 87.641 Jessica Mendoza

But as of today, the Trump administration has taken away this tax exemption for goods from China and Hong Kong.

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89.682 - 105.194 Shen Lu

Now for these companies, the elimination of De Minimis is basically a double whammy. They didn't have to pay taxes when they sell to U.S. consumers. Now they have to, and the amount of tax is exorbitant.

108.617 - 143.863 Jessica Mendoza

Welcome to The Journal, our show about money, business, and power. I'm Jessica Mendoza. It's Friday, May 2nd. Coming up on the show, what a world without De Minimis means for e-commerce. Did you realize that you were going to have to be an expert on De Minimis?

144.283 - 144.743 Shen Lu

Yeah, no.

147.253 - 164.922 Jessica Mendoza

That's our colleague Shen Liu. Lately, she's been covering the administration's efforts to roll back the de minimis exemption. De minimis, by the way, is a Latin phrase, and it refers to things that are small or trifles. What is the purpose of the exemption originally? Like, who was supposed to benefit from it?

Chapter 3: How did the de minimis threshold originally benefit consumers and businesses?

165.891 - 176.96 Shen Lu

The purpose originally was to allow Americans to bring back souvenirs from overseas trips without having to pay tariffs on them.

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178.12 - 202.517 Jessica Mendoza

De Minimis was designed to make things simpler so that customs wouldn't have to inspect and tax every small item that American travelers brought back. For a long time, de minimis applied to goods under $200. Then, in 2016, Congress raised the limit to $800. And that new limit caught the attention of businesses because it gave them a way to avoid paying taxes on low-cost imports.

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203.317 - 221.842 Shen Lu

And the use of de minimis exemption has ballooned over the years. About 1.4 billion shipments using the de minimis provision entered the U.S. in 2024. That was up from 637 million four years earlier.

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222.802 - 242.359 Jessica Mendoza

The exemption's popularity attracted government scrutiny. Since 2022, Congress has tried to get rid of the de minimis exemption. But those efforts didn't get far. When Trump announced new tariffs on goods from Mexico, Canada, and China back in February, he also said he would take away the de minimis exemption for all three countries.

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243.3 - 249.585 Jessica Mendoza

He called de minimis a loophole that gave other countries an advantage over the U.S. and allowed illegal drugs to be smuggled in.

249.966 - 255.01 Jessica Mendoza

They're sending massive amounts of fentanyl, killing hundreds of thousands of people a year with the fentanyl.

256.391 - 278.462 Shen Lu

So the stated rationale is to stem the illegal flow of synthetic opioids, which is fentanyl, into the U.S. And Trump has declared that as a national emergency. Mexico is the main source of the drug, but Trump also blamed Beijing for not doing enough to stop the chemical ingredients from flowing out of China.

279.662 - 300.319 Jessica Mendoza

China denies that it's at fault for the widespread use of fentanyl. It says that the failure is with the U.S., which China says hasn't been able to curb domestic addiction. Trump's order to suspend de minimis in February led to a lot of confusion. In the days that followed, something like a million packages piled up at JFK Airport in New York.

301 - 319.027 Jessica Mendoza

A week later, Trump delayed the suspension to May 2nd, but limited it to goods from Hong Kong and China only. Already, companies are feeling the pain, especially those that have built business models around the de minimis exemption.

Chapter 4: Why did the Trump administration decide to end the de minimis exemption for China and Hong Kong?

319.967 - 332.05 Shen Lu

Many e-commerce companies have used this exemption over the past years. And two big beneficiaries of de minimis have been Shein and Taimu.

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333.13 - 345.642 Jessica Mendoza

Shein is a fast fashion retailer that sells extremely cheap clothing. Taimu is more like Amazon, where third-party businesses sell all kinds of stuff. So how does De Minimis help these two companies?

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346.122 - 372.582 Shen Lu

She and Taimou use what's called a direct consumer business model. When a U.S. consumer places an order on their website, Taimou or She will just ship the individual order directly to the U.S. consumer. And since their prices are cheap, most of the orders are under $800. Last I checked, the average order value was below $50 for both companies. So most shipments will fall directly

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372.782 - 378.83 Shen Lu

under the de minimis exemption so the company does not have to pay taxes on the orders.

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379.811 - 386.7 Jessica Mendoza

Compare this to retailers like H&M or Zara. Those companies order big bulk shipments that are worth a lot more than $800.

388.672 - 398.317 Shen Lu

And these bulk shipments don't qualify for de minimis. And so the companies end up paying taxes on these shipments when they enter the U.S.

399.237 - 419.225 Jessica Mendoza

Avoiding these taxes has helped Shein and Taimou keep prices ultra low, which is one of the reasons the companies are so popular in the U.S. Shein and Taimou are the biggest beneficiaries of the tax provision, accounting for 30 percent of de minimis packages from China. But now, with De Minimis going away, it's going to hit their business model.

420.087 - 426.04 Jessica Mendoza

One analyst told Shen Liu that he expects Xi and Entemu sales to slide into negative territory this week.

427.279 - 450.252 Shen Lu

It's just the U.S. has been such a crucial market. It's both companies, one of their top markets and wealthier consumers and who buy more frequently from them. So it would be a huge market to lose. And so it's probably going to be a struggle for them to maintain the market to serve the consumers here in the U.S.,

Chapter 5: How do companies like Shein and Temu use the de minimis exemption in their business models?

453.004 - 472.598 Jessica Mendoza

In anticipation of De Minimis going away, Shein and Taimou started making changes. They've pulled back on ad dollars spent in the U.S., redirecting instead to other markets. Shein has raised its prices. And Taimou for a while added an import charge to its products. Now the company is focused on sourcing from U.S. sellers instead of from China.

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473.325 - 492.662 Shen Lu

Taimou, from a year ago, started recruiting sellers with inventory in the U.S. exactly to mitigate the risk of de minimis going away. So more than a third of Taimou's products sold in the U.S. now are in local warehouses instead of coming in through de minimis.

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493.843 - 497.947 Jessica Mendoza

And both companies have ramped up efforts to move manufacturing out of China.

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498.931 - 523.769 Shen Lu

Starting in February, Xi'an has talked to some major suppliers and encouraged them to set up production in Vietnam. They've also considered the option of manufacturing in the U.S. But we all know that it's very difficult to shift manufacturing back to the U.S. It could take months and months and months. And it's a lot more expensive to do that.

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528.72 - 546.321 Jessica Mendoza

But while Shein and Temu are some of the most well-known users of De Minimis, small online retailers are also bracing themselves. Many of those companies won't be able to adapt in the same way as the e-commerce giants. After the break, one U.S. business says this could be an existential crisis.

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580.919 - 590.208 Jessica Mendoza

One company that's bracing for the impact of losing De Minimis is called Kuru Footwear. It's based in Salt Lake City, Utah, and it sells comfortable orthopedic shoes.

592.351 - 598.977 Matt Barnes

We really try to be a brand that does not identify as what you would call the traditional grandpa shoes.

599.578 - 602.461 Jessica Mendoza

That's Matt Barnes, Kuru's chief financial officer.

Chapter 6: What impact will closing the de minimis loophole have on e-commerce companies?

615.667 - 617.128 Jessica Mendoza

Which shoes do you have on right now?

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617.969 - 619.59 Matt Barnes

I'm wearing Adam 2 at the moment.

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623.706 - 638.037 Jessica Mendoza

Over 60% of Kuru's shoes are made in China, and the company sells them entirely online. Like Shein and Taimu, it uses a direct-to-consumer business model. How does the de minimis exemption fit into your business model?

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638.758 - 649.246 Matt Barnes

Yeah, de minimis is a great advantage for us. For example, during 2024, we shipped 100% of our products to customers in the U.S., and we're able to avoid the duties and tariffs through that method.

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649.726 - 653.309 Jessica Mendoza

And how much money has de minimis saved you in that time?

654.261 - 659.003 Matt Barnes

During the calendar fiscal year of 2024, we saved over $2 million in tariffs.

Chapter 7: What strategies are Shein and Temu adopting to cope with the end of the de minimis exemption?

659.323 - 670.328 Jessica Mendoza

Wow. With De Minimis now gone, Kuru is on the hook for those tariffs. Can you give an example of how much you have to pay in tariffs on a pair of shoes retail?

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671.468 - 679.832 Matt Barnes

Yeah, for our Chinese product right now, for our sneakers, for example, the Adam 2 that I'm currently wearing, the tariff rate is 172.5% as of today.

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684.073 - 685.654 Jessica Mendoza

Can you put that in sort of dollar terms?

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686.154 - 694.659 Matt Barnes

Yeah, for sure. So if you assume an example of a pair of shoes at $175, it would be $302 in tariffs.

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695.699 - 711.688 Jessica Mendoza

Again, that's more than $300 in tariffs for a shoe that sells for $175. Kuru has done a number of things to try and mitigate all the costly effects. Last week, the company ran a sale to get rid of inventory, and it started to change its pricing.

712.594 - 733.849 Matt Barnes

Without the de minimis limits and with the current tariff situation, we have had to raise prices. We have had to start charging for shipping, and it's painful. We've already seen an impact as a result of raising prices, and we just don't have the margin to recover all of the tariff costs.

734.861 - 752.154 Jessica Mendoza

Kuru already manufactures some of its products outside of China. But I asked Matt if they were considering moving even more of their operations to other countries, including to the U.S. He said that's not a realistic option for the company. It would just be too expensive and take too much time to build the factories they'd need.

752.194 - 762.201 Matt Barnes

You know, the Nikes of the world or the Adidas probably could work something out like that, right? But we just unfortunately don't have that kind of mass market volume.

762.97 - 766.371 Jessica Mendoza

At what point do you think these problems will become existential for Kuru?

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