WASHINGTON — U.S. Customs and Border Protection (CBP) today announced a Notice of Proposed Rulemaking (NPRM) to strengthen CBP’s information collection requirements for low-value shipments, also known as de minimis shipments. The proposed Entry of Low-Value Shipments (ELVS) rule will enhance supply chain visibility and will enable CBP to better interdict illegal shipments across U.S. ports of entry.
“Every day, the men and women of CBP interdict goods that threaten the health and safety of Americans as well as the economic vitality of our country. We see illicit drugs, dangerous toys, fake medicines, and other counterfeit goods shipped direct to American homes impacting the lives of our neighbors, friends, and families. This proposed rule will help to give us some of the tools we need to address more of these threats,” said CBP Senior Official Performing the Duties of the Commissioner, Pete R. Flores. “There is still more to be done. CBP will continue to innovate within our current authorities, and we urge the private sector to maintain their vigilance. To achieve comprehensive de minimis reform and trade modernization, we urgently need statutory updates.”
On average, CBP processes over 4 million de minimis shipments into the U.S. each day. Current regulations require importers to provide minimal information to CBP for these shipments, compared to those required for other types of cargo. The overwhelming volume of low-value shipments and lack of actionable data collected pursuant to current regulations inhibit CBP’s ability to identify and interdict high-risk shipments that may contain illegal drugs such as illicit fentanyl, merchandise that poses a risk to public safety, counterfeit or pirated goods, or other contraband.
The proposed rule is part of a larger effort to address vulnerabilities and prevent bad actors from exploiting this growing segment of international trade to smuggle dangerous goods into the United States. It will allow CBP to target high-risk shipments more effectively, including those containing counterfeit goods, synthetic opioids such as fentanyl, or the precursors and pill press parts used to make that deadly drug. Additionally, it will revise the current process for entering low-value shipments to require additional data elements that would assist CBP in verifying eligibility for duty- and tax-free entry by creating a fully electronic process for filers to transmit entry data prior to a shipment’s arrival. This data will reduce the burden for CBP officers who process these large volumes of shipments, leading to more accurate targeting. As a result, CBP resources will be better focused on accurately identifying and interdicting violative shipments.
The ELVS rulemaking is the first of two NPRMs announced by the Biden-Harris Administration in September 2024, and the tools provided by ELVS are necessary for CBP to implement other potential reform proposals. CBP has continued to take aggressive action on a multipronged strategy: leveraging existing authorities, improving tools and automation, and strengthening enforcement of textile and apparel trade laws. The Administration anticipates publishing the second NPRM in the coming days and continues to encourage Congress to move forward with statutory reform to address the surge in de minimis imports that put American consumers, workers, retailers, and manufacturers at risk.
Members of the public will have 60 days to comment on the proposed rule. Individuals wishing to comment on the proposed rule may access the Federal e-Rulemaking Portal at www.regulations.gov and follow the instructions for submitting comments. Submissions must include the agency name and docket number.
For more information, please visit www.cbp.gov.
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