Legis Daily

FIGHTING for America Act of 2025

USA119th CongressS-1185| Senate 
| Updated: 3/27/2025
Ron Wyden

Ron Wyden

Democratic Senator

Oregon

Finance Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation, known as the "FIGHTING for America Act of 2025," addresses the growing volume of low-value imports, often referred to as "de minimis" shipments, which are exempt from duties under Section 321 of the Tariff Act of 1930. Congress notes that the accelerated growth in direct-to-consumer models has led to increased attempts to ship illicit drugs and unauthorized products through these low-value entries. The bill aims to reevaluate the purpose of these exemptions to protect U.S. revenue and properly scrutinize such shipments, designating the smuggling of illicit drugs through these procedures as a priority trade issue . A key provision enhances transparency by requiring the Secretary of the Treasury to prescribe regulations for additional documentation and information for de minimis shipments, separate from standard entry filings. This includes details about the offer or sale of the article, the identity of parties involved (seller, shipper, purchaser), fair retail value, and the 10-digit Harmonized Tariff Schedule classification , along with a specific description and country of origin. Any person providing this information must ensure its veracity, and U.S. Customs and Border Protection (CBP) can use it for any lawful purpose. The bill introduces significant limitations on the de minimis exemption, prohibiting it for articles subject to antidumping or countervailing duties , tariff-rate quotas, certain Internal Revenue Code taxes, or specific trade actions. Furthermore, the Secretary may determine that certain types or classes of articles cannot be exempted if they show a significant increase in imports or persistent evidence of illicit goods, fraud, or counterfeiting. A public list of such non-exempt articles will be maintained and reviewed annually. To bolster enforcement, the legislation establishes civil penalties for violating regulations ($1,000 to $5,000) and for fraud involving false statements ($5,000 to $10,000). It also modifies procedures for detained de minimis merchandise, allowing for summary forfeiture if no response is received from an interested party within 15 days of notice. The penalty for aiding unlawful importation is increased to the greater of the domestic value or $5,000. Other provisions include allowing CBP to share nonpublic information about suspected intellectual property rights violations with rights holders, including data from online marketplaces. A new $2 customs user fee is imposed on each de minimis shipment, payable by the party making entry. Finally, the bill mandates annual reports on the use of administrative exemptions, detailing import volumes, revenue forgone, violations, and enforcement actions.
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Timeline

Bill from Previous Congress

S 118-5329
FIGHTING for America Act of 2024
Mar 27, 2025
Introduced in Senate
Mar 27, 2025
Read twice and referred to the Committee on Finance.
  • Bill from Previous Congress

    S 118-5329
    FIGHTING for America Act of 2024


  • March 27, 2025
    Introduced in Senate


  • March 27, 2025
    Read twice and referred to the Committee on Finance.

Foreign Trade and International Finance

FIGHTING for America Act of 2025

USA119th CongressS-1185| Senate 
| Updated: 3/27/2025
This legislation, known as the "FIGHTING for America Act of 2025," addresses the growing volume of low-value imports, often referred to as "de minimis" shipments, which are exempt from duties under Section 321 of the Tariff Act of 1930. Congress notes that the accelerated growth in direct-to-consumer models has led to increased attempts to ship illicit drugs and unauthorized products through these low-value entries. The bill aims to reevaluate the purpose of these exemptions to protect U.S. revenue and properly scrutinize such shipments, designating the smuggling of illicit drugs through these procedures as a priority trade issue . A key provision enhances transparency by requiring the Secretary of the Treasury to prescribe regulations for additional documentation and information for de minimis shipments, separate from standard entry filings. This includes details about the offer or sale of the article, the identity of parties involved (seller, shipper, purchaser), fair retail value, and the 10-digit Harmonized Tariff Schedule classification , along with a specific description and country of origin. Any person providing this information must ensure its veracity, and U.S. Customs and Border Protection (CBP) can use it for any lawful purpose. The bill introduces significant limitations on the de minimis exemption, prohibiting it for articles subject to antidumping or countervailing duties , tariff-rate quotas, certain Internal Revenue Code taxes, or specific trade actions. Furthermore, the Secretary may determine that certain types or classes of articles cannot be exempted if they show a significant increase in imports or persistent evidence of illicit goods, fraud, or counterfeiting. A public list of such non-exempt articles will be maintained and reviewed annually. To bolster enforcement, the legislation establishes civil penalties for violating regulations ($1,000 to $5,000) and for fraud involving false statements ($5,000 to $10,000). It also modifies procedures for detained de minimis merchandise, allowing for summary forfeiture if no response is received from an interested party within 15 days of notice. The penalty for aiding unlawful importation is increased to the greater of the domestic value or $5,000. Other provisions include allowing CBP to share nonpublic information about suspected intellectual property rights violations with rights holders, including data from online marketplaces. A new $2 customs user fee is imposed on each de minimis shipment, payable by the party making entry. Finally, the bill mandates annual reports on the use of administrative exemptions, detailing import volumes, revenue forgone, violations, and enforcement actions.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 118-5329
FIGHTING for America Act of 2024
Mar 27, 2025
Introduced in Senate
Mar 27, 2025
Read twice and referred to the Committee on Finance.
  • Bill from Previous Congress

    S 118-5329
    FIGHTING for America Act of 2024


  • March 27, 2025
    Introduced in Senate


  • March 27, 2025
    Read twice and referred to the Committee on Finance.
Ron Wyden

Ron Wyden

Democratic Senator

Oregon

Finance Committee

Foreign Trade and International Finance

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted