The Secret Tariff Code Is Buried In 'Section 2, Item (h)' Of The Executive Order

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The Secret Tariff Code Is Buried In 'Section 2, Item (h)’ Of The Executive Order

Authored by 'sundance’ via TheConservativeTreehouse.com,

Remember when President Trump established the “External Revenue Service?” … It’s all connected and sequential…

Almost everyone will miss, in part because outcomes appear in a sequence that few care to follow, but buried in the Trump tariff Executive Order {SEE HERE} you will discover something. As the unofficial Deep State strategist, and the self-appointed misfit explainer of stuff, lol, we will explain:

[Sec 2, SubSection (h)]: Sec. 2. (a) All articles that are products of Canada as defined by the Federal Register notice described in subsection (e) of this section (Federal Register notice), and except for those products described in subsection (b) of this section, shall be, consistent with law, subject to an additional 25 percent ad valorem rate of duty. Such rate of duty shall apply with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on February 4, 2025, except that goods entered for consumption, or withdrawn from warehouse for consumption, after such time that were loaded onto a vessel at the port of loading or in transit on the final mode of transport prior to entry into the United States before 12:01 a.m. eastern time on February 1, 2025, shall not be subject to such additional duty, only if the importer certifies to CBP as specified in the Federal Register notice.

[…] (h) For avoidance of doubt, duty-free de minimis treatment under 19 U.S.C. 1321 shall not be available for the articles described in subsection (a) and subsection (b) of this section. {link}

So, Canada and Mexico get 25% tariffs, but China only 10%.

Why?

The secret is in that subsection “(h)” when it talks about de minimis treatment.

Essentially, what President Trump is doing is levying a much more massive import tax, and possible confiscation impact on the core source of fentanyl (and other illegal) substances.

(Bloomberg) — President Donald Trump’s new trade levies against China, Canada and Mexico include a broadside against e-commerce, with apparent plans to extinguish a long-held tariff exemption for packages worth less than $800.

Trump’s executive orders directing 25% levies on Canada and Mexico — plus a 10% duty on China — specify that the “de minimis” exemption for small packages no longer applies. Under the exemption, products below that dollar amount are able to enter the US without tariffs — a boon for China’s e-commerce retailers who ship often cheaper wares directly to consumers in the US.

The full scope of the de minimis changes — whether they apply just to the new tariffs issued Saturday or to older existing trade levies — was not clear. A White House spokesman did not respond to questions about its reach.

However, trade lawyers said Trump’s language cracking down on the de minimis exemption could apply broadly, even to existing duties against China, Canada and Mexico.

Regardless, the impact of the change threatens to fall most squarely on China, affecting retailers including Alibaba, JD.com Inc., PDD Holdings Inc.’s Temu and fashion-focused Shein. American shoppers and companies imported about $48 billion worth of shipments from the world under that loophole in the first nine months of last year, according to US Customs and Border Protection estimates. (read more)

Approximately a billion packages are estimated to enter the USA under the cover of the de minimis exemption.

This is where the enforcement mechanism of the “External Revenue Service” combines with the tariff approach and the “state of emergency.” President Trump imposed the tariffs under the International Emergency Economic Powers Act, a nearly 50-year law that gives the president sweeping power to impose sanctions after declaring an emergency.

Now the billion packages, mostly from China, Mexico and Canada are going to be subjected to review and interception.

The de minimis loophole comes from back in the 1930s. The idea back then was, say you went on a vacation to Paris, you shouldn’t have to file customs paperwork or pay taxes if you decided to ship some little Eiffel Tower statues to your friends back home.

Congress in 2015 then raised the de minimis threshold from $200 to $800. However, the e-commerce world exploded, and Chinese companies began using the de minimis loophole to ship cheap goods (ex. Temu and Shein) into the USA direct to consumers without paying any customs duty.

It was reported last year that the U.S. was on track to receive a billion packages through the de minimis loophole that aren’t taxed and don’t have customs slips saying what they are. Making matters worse, illegal items are slipping through the cracks, including, knockoffs, unsafe items and even chemicals used to make fentanyl. The worst abuser that exploits this de minimis loophole is, by far, China.

President Trump can require a customs and duty declaration stating what is in every package and subsequently collect tariffs and duties.

Put it all together and President Trump is executing an Emergency Act executive order, plus the imposition of a tariff review, and simultaneous interception of de minimis packages previously unchecked as the enforcement mechanism.

All executed by the External Revenue Service.

President Trump has got them surrounded, and the scope of it has the media so overwhelmed they cannot quite put it together.

Almost too much winning…

… Almost!

Tyler Durden
Sun, 02/02/2025 – 22:10

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