Earlier this week, Rethink Trade published a memo claiming the President has the existing authority to end the use of de minimis:
The Administration has authority to end the de minimis threat by issuing an executive order that disqualifies e-commerce imports from de minimis treatment and informal landing and that requires inspection. …
The underlying statute only authorizes CBP to provide de minimis treatment. The statute does not require CPB to exempt imports below the threshold value set by Congress from customs duties, nor does it entitle any importer to de minimis eligibility.2 The statute also explicitly states that CBP may deny de minimis treatment when it is “necessary for any reason to protect the revenue or to prevent unlawful importations. …”
Moreover, nothing in existing law requires that de minimis imports be allowed to enter the United States through Informal Entry and evade normal Customs inspections and filings precisely identifying the good and its source. Rather, the de minimis provision merely provides CBP with discretion to waive Formal Entry for certain imports. CBP regulations specifically state that the agency may “require a formal consumption or appraisement entry for any merchandise if deemed necessary for import admissibility enforcement purposes; revenue protection; or the efficient conduct of customs business.”
Rethink Trade also points out that the EU and South Africa are ending their de minimis programs.