Section 321 (US De Minimis)
Section 321 of the Tariff Act of 1930 is the US legal authority for the $800 de minimis exemption — goods under that value enter duty-free without formal entry. Since May 2025, China- and Hong Kong-origin goods are excluded from Section 321 treatment.
Section 321 is the section of the US Tariff Act of 1930 (codified at 19 USC §1321) that authorises the United States' de minimis import exemption — currently set at $800. Goods with a fair retail value of $800 or less may enter the US duty-free, without formal entry, and without payment of federal taxes.
Status in 2026. Section 321 is still in effect for goods originating in most countries. It is no longer available for goods of Chinese and Hong Kong origin — that exclusion took effect on May 2, 2025 by executive order and remains in force in 2026. China-origin shipments now require formal or informal entry with MFN duty, Section 301 surcharges, and any IEEPA tariffs collected from the first dollar.
How a Section 321 entry is filed. Most Section 321 entries are filed as Type 86 entries by a licensed customs broker via the Automated Commercial Environment (ACE). Type 86 covers low-value PGA-regulated goods (FDA, USDA, EPA jurisdictions). Non-PGA shipments may also qualify for Section 321 release via the carrier's manifest without a separate entry. The shipment must be consigned to one person on one day to qualify.
Section 321 vs Section 301. Easy to confuse but unrelated. Section 321 is the value threshold for duty-free entry; Section 301 is an additional duty on Chinese-origin goods imposed under the 1974 Trade Act. The 2025 China exclusion essentially means that Section 301 (and Section 232, IEEPA, ADD) are now collected on Chinese-origin low-value parcels that would previously have been waived under Section 321.
How to verify current treatment. Before pricing a low-value shipment, confirm the rule via CBP CSMS messages and the latest Federal Register notices on de minimis. The policy has changed multiple times in 18 months and may be amended further.
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