Business
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:
What is the de minimis provision?
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.
Why is the Trump administration targeting the rule?
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.
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.
How will online retailers be affected?
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.
“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.
What about smaller sellers and consumers?
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.
Jordyn Holman contributed reporting.
Business
Waymo is starting robotaxi service in San Diego
Waymo, the driverless taxi company that operates in more than 10 cities, will soon serve customers in San Diego.
The company has been testing its autonomous vehicles in San Diego with a safety driver behind the wheel since earlier this year. Rides without a human driver became available to employees Thursday and will open to members of the public later this year.
Waymo, which announced the expansion Wednesday, will also bring its taxis to Tampa, Las Vegas and Denver.
“If you’re in one of these four new cities, download the app to be notified when it’s time to ride,” the company said in a blog post.
Waymo has offered fully autonomous rides in San Francisco since 2022 and in Los Angeles since 2024.
It also serves customers in Nashville, Phoenix, Miami and other cities.
In May, Waymo launched a cheaper robotaxi dubbed the Ojai, which is better equipped for difficult driving conditions such as snowy roads.
The Ojai will supplement Waymo’s fleet of Jaguar I-Paces, the company said. In San Diego, services will be provided with the Ojai.
Waymo also announced Wednesday it’s beginning autonomous driving with a safety driver in its newest retrofitted vehicle, the Hyundai IONIQ 5.
“This phase allows us to validate our technology for fully autonomous operations as we work to bring riders even more ways to enjoy Waymo in the future,” the company said.
The company plans to eventually have tens of thousands of driverless taxis made per year, starting with the Ojai, then scaling using the IONIQ 5s.
The move into San Diego and three other cities widens the gap between Waymo and its competitors in the robotaxi race.
Elon Musk’s Tesla robotaxis and Amazon-owned Zoox are shuttling customers autonomously, but are nowhere near the scale at which Waymo operates.
Other companies are working on autonomous trucks and freight trains.
Waymo’s San Diego service area will include Pacific Beach, Normal Heights, La Playa and Southcrest, among other neighborhoods, the company said.
Business
California soccer fans sue StubHub after it fails to deliver expensive World Cup tickets
StubHub is getting a red card from some World Cup fans
Two World Cup customers are suing the New York-based ticket-selling company, alleging “false and misleading” advertising that left them without tickets or a refund for the World Cup games they paid to attend.
In federal court in New York last week, two Californians — Julia Reeker Moghal and Reuben Renteria — sued StubHub seeking monetary damages and a ban on the company selling World Cup tickets. The lawsuit aims to become a class action and comes after weeks of fierce criticism and complaints from customers regarding the company’s practices.
Throughout the World Cup, videos have emerged on Instagram and TikTok of StubHub customers describing their nightmare experiences with the ticket-selling platform.
Some said they had purchased tickets to World Cup games as early as November of last year, booked flights and hotels and arranged travel plans, then StubHub notified them days to weeks before the match of a refund for their tickets, which they never requested.
There were similar complaints about last-minute cancellations from people who bought Coachella tickets on StubHub.
In the lawsuit, Moghal said she had purchased three tickets for nearly $2,000 for the June 18 match between Switzerland and Bosnia-Herzegovina at SoFi Stadium in Inglewood, which were then canceled by StubHub. Moghal said she was contacted by StubHub and told her tickets would remain canceled, then was later told the tickets would be available one hour before the game.
When the match began, Moghal said she was at SoFi Stadium, but the tickets never came.
Renteria said he paid around $2,300 for the June 18 Mexico versus South Korea match in Guadalajara, Mexico, but they were canceled
“Devoted soccer fans have traveled from around the world to attend World Cup matches — and they reasonably relied on StubHub to provide the tickets they paid for as well as on StubHub’s warranty,” Blake Hunter Yagman, the attorney representing the two, said in a statement. “Instead of rewarding their business, StubHub sold them World Cup tickets that they either could not provide or on speculation, only to be stranded, in many cases, at the stadium gates without any recourse.”
According to StubHub’s website, its Fan Protect Guarantee states the platform will deliver valid tickets or refund in the event of a ticket issue, and that it will “go out of our way to find replacement tickets” of a comparable value. The lawsuit alleges the replacement tickets many fans were given by StubHub were worse than their original tickets.
FIFA, the World Cup organizer, states in its terms and conditions that the FIFA Marketplace, its own ticket-selling platform, is the only authorized platform for World Cup tickets, and that only tickets purchased through it are guaranteed by FIFA to be valid.
Despite the risk of purchasing through a third-party platform such as StubHub, many fans opted to do so to avoid the 30% FIFA resale tax, believing that the Fan Protect Guarantee would safeguard their order.
Since World Cup tickets began selling on FIFA Marketplace last September, fans have expressed disappointment in the expensive price tag. FIFA utilized a dynamic pricing system for the sale, and as sales phases progressed leading up to the games, the cost of tickets increased tremendously. In March, the extreme cost of tickets prompted 69 members of Congress to write a letter to FIFA urging them to lower their prices.
Tickets for the upcoming Friday match between Spain and Belgium in Los Angeles are selling on StubHub for over $1,300.
StubHub said in various statements to the news and in legal proceedings that ticket cancellations were a result of transfer problems and issues with FIFA’s ticketing infrastructure.
StubHub did not respond to requests for comment.
A FIFA spokesperson responded to this accusation in a statement, saying, “FIFA has no visibility over, or control of, secondary market ticket transactions carried out on third-party platforms. The transactions facilitated on these platforms occur entirely independently of FIFA’s official ticketing platform. With reference to the reliability of the services available to fans on FIFA’s official ticket platform, FIFA rejects any suggestion that the functional issues being experienced by users of third-party platforms with respect to FIFA World Cup 2026 tickets are the result of FIFA’s ticketing infrastructure.”
Business
Commentary: Trump wants to let companies make fewer disclosures, thus keeping investors in the dark
Trump’s SEC is considering eliminating the mandate for quarterly corporate financial reports, but even some big investors call it a lousy idea.
This being the “information age,” it would be understandable if investors sometimes feel inundated with too much information to wade through about the stocks in their mutual fund portfolios.
The Securities and Exchange Commission, bowing like a puppy to the urgings of President Trump, is considering exactly the wrong solution to this supposed burden. It’s proposing to allow public companies to give their investors less information, as though that’s a good thing.
On May 8, the SEC proposed rescinding its mandate that public companies report financial results on a quarterly schedule. Instead, it suggests, semiannual and annual reports should suffice.
This takes an already-unlevel playing field where Main Street investors are already disadvantaged, and makes it more unlevel.
— Dennis Kelleher, Better Markets
The SEC left its proposal open for public comment for 60 days, meaning the window closed Monday. By then, the agency had received more than 68,000 comments, according to a tracker posted online by accounting professor Tzachi Zach of Ohio State.
Almost 99.9% of the comments were negative. Several organizations of institutional investors and auditing professionals, as well as a tsunami of individual investors, expressed opposition.
A similar initiative the SEC aired in 2018, during Trump’s first term, received an overwhelmingly negative response and was eventually dropped.
The tide of opposition coming from individual investors shouldn’t be surprising. “Taking away basic quarterly information means investors are blind for six months at a time,” says Dennis Kelleher, co-founder and chief executive of the investor advocacy nonprofit Better Markets.
That’s especially true for small investors, though perhaps not so much for major institutions, insiders or deep-pocketed individuals. “If you’re a big dog, you’ll get the information anyway,” Kelleher told me. “And insiders, who are trading in their own stock all the time, will have the information. This takes an already-unlevel playing field where Main Street investors are already disadvantaged, and makes it more unlevel.”
Trump set off the latest initiative with a social media post on Sept. 15, advocating the move to a six-month reporting schedule. It read, in part, “This will save money, and allow managers to focus on properly running their companies. Did you ever hear the statement that, ‘China has a 50 to 100 year view on management of a company, whereas we run our companies on a quarterly basis???’ Not good!!!”
As was usual with Trump, his argument was a string of uninformed and irrelevant non sequiturs.
It’s doubtful that eliminating quarterly reports will save much, if any, money. Most 10-Qs are cookie cutter documents disclosing financial figures already embedded in corporate records.
The idea that managers would become empowered to “focus on properly running their companies” if only they were relieved of the burden of preparing a report every three months is just malarkey: Any CEOs who feel the impulse to drop everything and involve themselves in what is essentially an automated process can’t be very good at their jobs.
As for China’s “50 to 100 year view on management of a company,” what would that even mean, even if it were true? China doesn’t operate on a 50 to 100 year corporate horizon, but rather on a string of five-year plans. The most recent of these was adopted by the government in March, covers the period up to 2030, and is its 15th in a row.
Despite the flaws in Trump’s arguments, Trump’s SEC Chairman Paul Atkins, a former corporate lawyer and securities industry consultant, fell into line. Within a few days of Trump’s post, he showed up on CNBC to minimize the potential effect of the change. Private companies rely on semiannual reports, after all, he noted, although the idea of taking private companies as models for publicly traded corporations might not strike experienced investors as the wisest thing.
Atkins cited an enduring chestnut, for which there’s no evidence, that quarterly reporting is responsible for “short-term thinking” in corporate suites (though he admitted that his evidence was “anecdotal”). And he suggested that small investors have ample access to corporate information even without quarterly reports — why, he said, they can just tune in to CNBC!
“To propose change in what our rules are now would be a good way forward,” he said. “So I welcome the president’s putting this up for discussion.”
Something more insidious undergirds the SEC’s proposal than its immediate effect on corporate behavior. The agency rationalizes its proposal as seeking “a tradeoff between reducing regulatory burdens … and promoting efficient financial markets through timely disclosure.”
The problem here, Kelleher points out, is that “reducing regulatory burdens” isn’t part of the SEC’s mission in any way, shape or form. It’s a regulatory agency, and its mission since its founding in 1934 has been to protect investors, not to make things fluffier for stock issuers.
The history of financial disclosure in the U.S. shows a long-term trend favoring more disclosure, not less. In the 1880s, quarterly reporting by railroads and other transportation companies were common.
Early on, pressure for more frequent disclosure came not from government regulators, who barely existed before 1934, but from investors. The reporting of quarterly earnings, notes corporate finance expert Owen Lamont of Acadian Asset Management, was “a bottom-up historical phenomenon reflecting voluntary arrangements between firms and investors, not a top-down phenomenon imposed by law.”
By 1931, according to financial historians, 63% of New York Stock Exchange-listed firms were publishing their quarterly earnings. The Big Board mandated that frequency for most listed companies in 1939. The SEC mandated semiannual reports in 1955 and quarterly reports, as Atkins said, in 1970.
The evidence in favor of dropping the quarterly reports is uniformly thin. Some advocates cite a 2018 op-ed in the Wall Street Journal by JPMorgan Chase CEO Jamie Dimon and Warren Buffett that was headlined “Short-Termism Is Harming the Economy.”
Couple of points about this: First, the target of Dimon and Buffett wasn’t quarterly financial reporting, but quarterly earnings guidance — that is, the practice of some top executives who project their earnings into the future. (This guidance usually comes at the same time they issue their SEC disclosures.)
It’s guidance, they wrote, that is “a major driver” of short-termism in corporate behavior. That’s because management is giving itself a target it feels obligated to meet, even if factors outside its control interfere with the quest.
Furthermore, Dimon and Buffett wrote, “Our views on quarterly earnings forecasts should not be misconstrued as opposition to quarterly and annual reporting.” They called transparency about financial and operating results “an essential aspect of U.S. public markets … so that the public, including shareholders and other stakeholders, can reliably assess real progress.”
Individual investors may be unmoved by the SEC’s proposal because — let’s be candid — how many of them read quarterly earnings reports, anyway? But that’s unimportant, Kelleher says, because other market participants are reading them. “So that information is in the marketplace, and that’s what actually enables price discovery, so stock prices roughly reflect what’s going on at a company, most of the time.”
More to the point, the quarterly reports reflect the highest-quality, detailed information, the information the SEC requires executives to disclose on pain of facing a civil lawsuit from the agency or even criminal liability for faking data. “Main Street investors, whether they read quarterly reports or not, are the real beneficiaries,” Kelleher says.
That’s so. The bottom line is that quarterly financial reporting helps investors. It doesn’t promote short-term behavior and its costs, modest as they are, don’t outweigh its benefits.
Over the decades, scandal-ridden corporations have hidden fraudulent behavior in the interstices between mandated disclosures—think Enron, WorldCom and Tyco, among others. Why give any corporation, even an honest one, the opportunity to disclose less?
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