Connect with us

Business

How Trump Scrapping the De Minimis Rule Could Affect Consumers and Retailers

Published

on

How Trump Scrapping the De Minimis Rule Could Affect Consumers and Retailers

President Trump’s executive orders on Saturday imposing broad tariffs on the country’s three largest trading partners also scrapped a shipping workaround for low-cost products, a move that is poised to alter how many online purchases are taxed.

The provision, known as the de minimis exception, has been used by many e-commerce companies to send goods to the United States from China without having to pay taxes on them. Mr. Trump’s decision to revoke the loophole set off confusion and chaos within the U.S. Postal Service, which initially said it would no longer accept packages from China and Hong Kong, before reversing its decision some 12 hours later.

Mr. Trump’s order on Saturday required that all goods leaving China must follow the same rules for higher-value shipments. His ban on duty-free handling of shipments worth up to $800 could shift the landscape for online sales from fast-fashion retailers like Shein and Temu, which rely on Chinese vendors. Both companies have been able to expand their market share largely by exporting goods into the United States without being subject to duties.

On Monday, leaders of Canada and Mexico reached deals with Mr. Trump to delay the tariff rollouts by 30 days. The broad 10 percent tariffs on Chinese goods went into effect on Tuesday.

Here’s what to know about the de minimis rule:

Advertisement

The de minimis rule, or Section 321 of the Tariff Act of 1930, was originally aimed at allowing American tourists to send goods bought overseas to the United States without facing taxes. But more recently, companies have used the provision to ship products from other countries that have a retail value below a certain threshold without being subjected to taxes — a huge tax advantage.

In 2016, Congress raised the entry threshold to $800, from $200. Since then, the number of duty-free parcels has risen tenfold. Under the rule, packages can be shipped from other countries without paying tariffs, as long as the shipments do not exceed $800 per recipient per day.

Retailers have increased their reliance on the workaround in recent years, especially since Mr. Trump imposed tariffs on Chinese products in his first term. It underpins major business models, as Shein, Temu and many sellers on Amazon have used the de minimis exemption to bypass taxes.

A report released last week by the Congressional Research Service found that Chinese exports that are exempted by the de minimis rule soared to $66 billion in 2023 from $5.3 billion in 2018.

The Trump administration has said it is focused on eliminating the de minimis loophole because of its apparent ties to the fentanyl trade. A White House official said in a call with a reporter on Saturday that the provision was causing the United States to lose tariff revenue — and that the large flow of low-cost goods from China has made it challenging for customs officials to identify fentanyl shipments sent through the mail.

Advertisement

Traditional retailers have expressed frustration with the workaround for different reasons. These retailers typically send big bulk shipments to their warehouses that are subjected to duties. Under pressure from the rising popularity of Chinese e-commerce sites like Temu and Shein, retailers like Walmart and Amazon had explored shifting more toward shipping directly to consumers from China. In late 2024, Amazon started Haul, which was intended to help it compete with Temu and other low-cost online retailers.

Express delivery companies like FedEx and UPS, which fly many of the packages across the Pacific Ocean from China, have spoken out in favor of preserving the de minimis exception. Supporters of de minimis have also long said that eliminating the provision would increase the burden on U.S. customs officials. Customs and Border Protection is also the primary agency responsible for carrying out much of Mr. Trump’s enforcement actions at the border.

Shein and Temu, which rely on Chinese vendors, have been able to expand their market share largely by sending cheap goods into the United States. The two companies together have about 17 percent of the discount e-commerce market in the United States for fast fashion, toys and other consumer goods, according to the Congressional Research Service. The unraveling of the de minimis loophole threatens their operations.

While a majority of Shein and Temu products are shipped directly from China, both companies have diversified by working with more U.S.-based sellers and opening warehouses in the United States, which could limit some of the impact.

But other retailers might stand to gain.

Advertisement

“Amazon, as a whole, as well as other online retailers that fulfill from U.S. warehouses, will benefit as their competitors will be negatively affected,” said Yannis Bakos, an associate professor at the Stern School of Business at New York University who studies e-commerce.

Small and medium-size online retailers that source from China are likely to be affected, too. About a quarter of the biggest sellers on the e-commerce platform Shopify — sellers that are much smaller than Shein and Temu — also use the de minimis loophole to cheaply ship many of their products from China, said Aaron Rubin, the chief executive of ShipHero, a warehouse management software firm.

The loophole is “pretty widely used,” Mr. Rubin said. Beyond direct sales to customers, many small brands have also opted to ship products worth less than $800 at a time to Amazon to avoid paying taxes, Mr. Rubin added.

“In general, any of these sellers that were shipping directly from China are definitely going to be disrupted,” said Santiago Gallino, an associate professor at the Wharton School at the University of Pennsylvania who researches retail supply chains. Some retailers, including smaller companies, might eventually shift toward bulk orders and set up distribution centers in the United States, if the changes last, he added.

The ban on de minimis will also come at a cost for American consumers. A $15 dress from Shein, for example, could jump to $17, said Izzy Rosenzweig, the chief executive of Portless, a third party logistics company. Research has found that eliminating the provision entirely would result in costs of $11 billion to $13 billion for American consumers and disproportionately hurt poorer and minority households.

Advertisement

Jordyn Holman contributed reporting.

Business

After heated debate, California updates key climate limit. Critics say it’s a retreat

Published

on

After heated debate, California updates key climate limit. Critics say it’s a retreat

In a high-stakes decision that will shape California’s economy for years, air officials late Friday approved a sweeping overhaul of the state’s signature climate program, cap-and-invest.

The 10-3 vote from the California Air Resources Board determines how aggressively the Golden State will curb planet-warming greenhouse gas emissions in the years ahead — and how billions of dollars in revenue will flow through communities, businesses and public programs statewide.

Cap-and-invest was nation-leading when it launched in 2013. The program forces major polluters to pay for their share of emissions by buying allowances at auctions or being granted them for free. It uses the revenue to fund public transit projects, wildfire prevention, affordable housing, clean energy, electric vehicles and safe drinking water.

The pollution limit — or cap — declines each year, reducing the total amount of emissions in the state and helping California reach its ambitious climate targets, including 100% carbon neutrality by 2045.

Advertisement

The Legislature voted last year to extend cap-and-invest through 2045. Officials at the Air Resources Board then spent the last several months drafting and revising the plan voted on this week, which received considerable feedback from oil and gas companies, environmental groups, lobbyists and lawmakers all jockeying for different priorities.

Some 200 people testified in person during the marathon two-day meeting preceding the vote, and the final proposal received more than 1,000 written comments.

Industry groups warned that capping emissions too much and too quickly would push refineries out of the state and drive up already soaring energy costs. But environmentalists and other stakeholders said giving too many concessions to fossil fuel interests would defeat the program’s purpose, which is to drive down emissions along a pathway consistent with what scientists say could preserve a recognizable climate.

The program was always planned to become stricter as the years unfolded, to give businesses more time to make the stronger reductions in their emissions.

Officials were under legal, market and budgetary pressure to pass a plan without delay, and also said it’s important for California to signal market certainty.

Advertisement

“It is no secret that climate policy is at a crossroads — under attack by an openly hostile and well-funded opposition and upended by global economic upheaval,” CARB chair Lauren Sanchez said during the meeting. “At a moment of uncertainty at the federal and international levels, California has the opportunity to lead with consistency.”

Among the key updates to the program are the removal of 118 million pollution permits, or allowances, from the market by 2030, and 900 million after 2030. Officials say this will amount to a steep, 11% annual lowering of the cap by the end of this decade, and 7% from 2031 to 2045, in keeping with the state’s mandated targets.

Critically, however, the update will also create a new pool of 118 million allowances above the cap that polluters can apply for and receive if they invest in decarbonization projects, a program dubbed the Manufacturing Decarbonization Incentive.

The incentive program is intended to discourage regulated industries from leaving the state. Two major refineries have announced exit plans in recent years, including Valero’s Benecia refinery and Phillips 66’s Los Angeles refinery, which shut down in 2025.

But many critics — including transit, affordable housing, environmental justice and clean water groups — said this amounts to a dismantling of the program.

Advertisement

“CARB has proposed creating exactly 118.3 million additional allowances … outside the cap, the precise number of allowances that must be removed from the cap to keep us on track for our 2030 targets,” said Caroline Jones, a senior analyst with the nonprofit Environmental Defense Fund. “This undermines the cap’s role in actually limiting climate pollution, which is the core function of this program.”

The board approved the decarbonization incentive but committed to additional workshops and evaluations of the program before issuing any allowances for it.

Other updates include more free allowances for industrial facilities and refineries, which regulators said will help reduce pressure on gasoline prices. Critics described the free permits as subsidies for oil and gas.

The update will also shift some allowances from gas to electric utilities, and increase funding for the California Climate Credit, a rebate that appears automatically on people’s utility bills.

But perhaps most controversial is how the update will affect the program’s multibillion-dollar revenue, which flows into the state’s Greenhouse Gas Reduction Fund each year and is distributed to various programs. Cap-and-invest has delivered $35 billion for climate projects in California since its inception.

Advertisement

The new incentive pool will mean the loss of $2 billion annually to the fund, or roughly half the amount it has received in recent years, according to an analysis from the Legislative Analyst’s Office.

While the Air Resources Board does not determine how the fund is divvied up — that’s the Legislature — opponents warned that this could amount to significant cuts for the Affordable Housing and Sustainable Communities Program, the Low Carbon Transit Operations Program, the SAFER drinking water program and the Community Air Protection Program, among many others that rely on revenue from cap-and-invest.

“This could create serious consequences, including a potential zeroing out of the state’s support for critical emission reduction programs,” said Phillip Fine, executive officer at the Bay Area Air District. “Striking the right balance is critical, but all consequences must be fully considered.”

It was a sentiment echoed by many who delivered comments during the board meeting.

“These additional allowances would not only endanger our emissions targets, they would also flood the auction market and depress cap-and-invest revenues,” said Pam Odell of the group Climate Action California. “These revenues fund vital programs, promote climate resilience, clean transit and transportation, and public health, especially in the most heavily exposed front-line communities.”

Advertisement

Some groups came out in support of the update, however, including Southern California Edison and Pacific Gas & Electric. The plan strikes a “balance between program stringency and affordability,” Fariya Ali, air and climate policy manager with PG&E, said during the meeting.

Assemblymember Jacqui Irwin (D-Thousand Oaks), who authored the bill that reauthorized the program last year, was cautiously supportive, noting that she would like to see more guardrails around the incentive program to ensure it aligns with state climate targets. But delaying the update would only create more uncertainty at a time when the Trump administration is already canceling clean energy funds and revoking California’s authority to set clean vehicle standards, she said.

“If we fail now to adopt the proposed amendments to cap-and-invest, it would be without a doubt the greatest victory that the Trump administration could possibly hope for to achieve against California’s climate policies this year,” Irwin said.

Oil and gas groups were tepid. Jodie Muller, chief executive of the Western States Petroleum Assn., said the update provides some near-term relief for refineries, but leaves too much uncertainty after 2030 to drive continued investment.

Brian McDonald, regulatory affairs manager with Marathon Petroleum Corp., said similarly that the oil company is “deeply concerned that the current proposal does not go far enough to provide the regulatory certainty needed to sustain in-state fuel production.”

Advertisement

In a briefing ahead of the vote, California climate economist Danny Cullenward said the update threatens both the “cap” aspect of the program by introducing the new allowance pool, and the “invest” aspect by threatening to reduce the program’s revenues.

The proposal is “being presented as a compromise when in fact it is sacrificing both of the key goals of the program,” he said.

The new plan is slated to go into effect Sept. 1.

Advertisement
Continue Reading

Business

Another tech company says it will cut hundreds of jobs amid pivot to AI

Published

on

Another tech company says it will cut hundreds of jobs amid pivot to AI

Layoffs have continued with another tech company saying it was cutting people to enable it to use more artificial intelligence.

Groupon announced in a security filing this month that it will cut up to 400 jobs, or nearly 25% of its worldwide workforce, as part of a broader restructuring plan to make the platform AI-native. The Chicago company plans to carry out the layoffs in the coming months.

Earlier the company’s Chief Executive Officer Dušan Šenkypl had said the company “fell short of our expectations” last quarter.

Since 2022, more than 800,000 tech workers have been laid off, according to Layoffs.fyi, a website that tracks job cuts.

The surge in pink slips started in 2023, when companies that had gone on hiring sprees during the COVID-19 pandemic began to cut back. From January to April this year, U.S. tech employers announced 85,411 job cuts, up 33% from the same period last year, according to global outplacement and executive coaching firm Challenger, Gray & Christmas.

Advertisement

Groupon said in the filing that the decision to shift toward an AI-based company is to “better deliver on our mission, serving both customers and merchants.”

The company said the layoffs will cost it as much as $13 million, but save it more than $20 million per year.

This announcement comes as many e-commerce companies are shifting their business models to AI to reduce costs by automating many roles.

Artificial intelligence has also triggered fierce competition for top talent and is also fueling tens of thousands of layoffs this year. The result is that the class divide is widening in Silicon Valley as a tiny group of employees are landing unprecedented packages for AI skills, while many others struggle to find work.

The have-nots are doing everything that used to guarantee great jobs — refreshing resumes, optimizing LinkedIn profiles and doing interviews — but companies are much more picky these days. The tech jobless are rethinking their lives. Some are taking pay cuts, while others are leaving tech. Some are going back to study or launch startups. Some have retired.

Advertisement

Groupon shares, which have fallen 27% over the last 12 months, slipped 1% on Thursday to $21.20.

Continue Reading

Business

ABC files applications ‘under protest’ for early renewal of TV station licenses

Published

on

ABC files applications ‘under protest’ for early renewal of TV station licenses

Walt Disney Co.’s ABC has filed renewal applications with the Federal Communications Commission “under protest” after an order mandating a years-early review of the network’s eight television station licenses.

The criticism was part of the network’s applications for the FCC review, which were filed ahead of a deadline Thursday. In an objection to the early renewal, Disney’s New York station WABC called the FCC order “unlawful, arbitrary and unconstitutional” and said it was “legally indefensible.”

“The Commission had not demanded early renewal in over five decades,” the station wrote in its filing. “And it has never before demanded simultaneous license renewal applications from a group of stations commonly owned with a network as it has here. The order has no legitimate purpose.”

The licenses for the eight ABC-owned TV stations, including KABC in Los Angeles, were originally scheduled for renewal between 2028 and 2031.

Advertisement

The FCC order came shortly after ABC late-night host Jimmy Kimmel made a joke about First Lady Melania Trump looking like an “expectant widow” days before a gunman tried to breach the White House Correspondents’ Assn. gala last month that President Trump attended.

Trump has frequently threatened to have TV station licenses pulled when he is unhappy with their coverage, but the order is the first time the government has acted on his wishes, sparking anger from free speech advocates. The FCC has said the order is part of an investigation into whether Disney’s diversity and inclusion policies violate federal law and the agency’s rules against “unlawful discrimination.”

In its response, WABC said the “only plausible reason” to issue the order was to “punish the station for speech the government does not like.”

“The ultimate injury here is not to the station or its parent company. It is to the public,” WABC wrote. “When a broadcaster must weigh regulatory retaliation before making editorial decisions, the public loses access to journalism that is free from government influence.”

FCC Chairman Brendan Carr said in a statement Thursday that Disney filed its applications to renew its broadcast licenses only after the company was told its previous answers were “disingenuous, deficient and improper.”

Advertisement

“Contrary to Disney’s claim that the FCC called in their broadcast licenses for early renewal for no reason, the record shows something very different,” Carr said. “Broadcast licensees have a unique obligation to operate in the public interest. The FCC will follow the facts and law wherever they may lead.”

FCC Commissioner Anna M. Gomez, the panel’s only Democrat who has backed Disney in its fight, cheered the Burbank media and entertainment company’s filing, saying in a post on X that she was “glad to see them expose the FCC’s actions as nothing more than naked political retribution and an unlawful assault on free speech and a free press.”

Times staff writer Meg James contributed to this report.

Advertisement
Continue Reading
Advertisement

Trending