FIGHTING for America Act of 2025
The Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains for America Act of 2025 (the FIGHTING for America Act) would reform how the United States handles the de minimis (low-value) exemption from duties for shipments under Section 321 of the Tariff Act of 1930. The bill aims to strengthen revenue protection and border enforcement by requiring more information about shipments seeking the exemption, broadening penalties for noncompliance and fraud, creating new enforcement tools (including potential summary forfeiture), and imposing a processing fee on such shipments. It also tightens eligibility rules for exemptions, adds a priority focus on fentanyl and illicit drug smuggling through these channels, and requires regular reporting and interagency coordination. In short, it seeks to curb illicit imports via small shipments while improving transparency and oversight for legitimate trade. Key provisions include requiring detailed documentation beyond the entry filing, designating fentanyl/smuggling as a priority issue, limiting which articles can qualify for the exemption, imposing new penalties and a per-shipment fee, updating detention/disposition procedures, and mandating annual reporting on exemption use, enforcement actions, and interagency cooperation. The act would take effect 60 days after enactment, with new regulations to be issued within 180 days and applied to shipments entered after a later regulatory date.
Key Points
- 1Enhanced transparency and documentation for exemptions
- 2- Requires the Treasury (in consultation with the Postmaster General) to establish regulations within 180 days to collect documentation separately from the normal entry filing for articles that may qualify for the exemption under Section 321(a)(2)(C).
- 3- Documentation may cover: sale/purchase history, seller/shipper/carrier/purchaser identities, fair retail value, and other information needed to protect revenue and prevent illicit importations; includes HS 10-digit classification, country of origin, and a description sufficient to verify eligibility.
- 4- Set rules for truthfulness and allow use of this information by CBP for lawful purposes.
- 5Limitations on exemptions and public ineligible-articles list
- 6- The Secretary may not exempt from duties certain articles that are subject to anti-dumping/countervailing duties, tariff-rate quotas, certain taxes, actions under specific trade laws, or not designated as eligible for GSP as of a set date.
- 7- Requires a publicly accessible list of articles that cannot be exempted, with annual review, plus room for other exceptions as determined by the Secretary.
- 8Penalties, enforcement, and summary forfeiture
- 9- Establishes civil penalties for violations of the new regulations (with specified per-violation amounts and an escalation for subsequent violations).
- 10- Creates penalties for fraud related to false statements used to obtain exemptions (with higher amounts for repeated infractions).
- 11- Adds summary forfeiture authority for merchandise imported or attempted to be imported under an improper exemption, with notice requirements to carriers and brokers.
- 12- Expands penalties for aiding unlawful importation, tying penalties to the value of articles or a set minimum (whichever is greater).
- 13Detention, notice, and disposal procedures for detained merchandise
- 14- U.S. Customs and Border Protection (CBP) must notify parties with an interest when merchandise claimed under the exemption is detained, and inform them that they may abandon the merchandise voluntarily.
- 15- If no response within 15 days, the merchandise is deemed abandoned and title vests in the United States, with disposition according to law.
- 16Fees and reporting/oversight
- 17- Adds a customs user fee of $2 per shipment for entries under the 321(a)(2)(C) exemption (with potential parity considerations for shipments routed through USPS under the postal network).
- 18- Requires annual reporting to Congress on the use of administrative exemptions, revenue forgone, violations and penalties, detention/forfeiture outcomes, shipments from specific regions, and agency staffing and risk-mitigation actions.
- 19- Encourages more information-sharing related to enforcement, including certain nonpublic data from marketplaces and logistics partners to CBP as part of enforcement and compliance.