The Biden-Harris administration’s proposed reforms on de minimis shipping exemptions are set to disrupt international e-commerce, affecting Australian retailers and any businesses selling goods to the USA that are manufactured in China.

While these changes apply specifically to the USA market, they have implications for Australian businesses involved in cross-border trade.

The de minimis rule currently allows items under $800USD to enter the USA duty free, benefiting many e-commerce retailers who sell goods manufactured in China to customers based in the USA. However, with growing concerns around enforcing rules – particularly related to intellectual property violations, unsafe products, and unfair competition – the USA government is pushing for tighter regulations.

This change could create challenges for Australian retailers, as the new rules would eliminate the de minimis exemption for items already subject to USA tariffs, such as textiles and clothing. This means that Australian businesses selling apparel or related goods into the USA could face higher costs, as these items would be subject to full tariffs and duties. With approximately 70 per cent of Chinese textile imports into the USA currently benefiting from this exemption according to the White House, losing this advantage could impact profit margins and competitiveness for Australian brands relying on China-based suppliers.

In addition, stricter compliance rules and growing data collection requirements at customs may lead to more logistical challenges. Australian retailers would be required to provide more detailed information for each shipment, including tariff classification and compliance certificates. This could slow down shipments and increase operational costs, especially for smaller businesses that might struggle to meet these new requirements without raising prices or rethinking supply chains.

The full extent of the impacts on Australian e-commerce companies has yet to be seen, but it's clear that those heavily reliant on Chinese suppliers might need to reassess their strategies. Higher tariffs and regulatory requirements could mean higher costs, potentially leading to price changes. This might make it harder for Australian brands to gain market share in the USA, leading businesses to explore alternative supply chains to keep profits stable.

Although the reforms aim to protect USA consumers and industries, Australian retailers trading in the USA now need to consider the impact on their customs and trade operations. Updating your customs strategy to comply with new regulations is essential to prevent disruptions. This includes reviewing your sales transactions process for e-commerce shipments, assessing your supply chain, understanding your USA customs compliance obligations, ensuring proper documentation, and preparing for potential cost increases. 

We’re here to help

Our team of specialists at Grant Thornton can help guide you through this process, providing insights and support to adapt your trade strategy, ensuring a smooth transition.

Learn more about how our Global trade and customs services can help you
Visit our Global trade and customs page
Learn more about how our Global trade and customs services can help you

Tax Agents Disclosures

The Tax Practitioners Board maintains a register of tax agents and BAS agents. You can access and search this register here.

Your engagement letter with Grant Thornton and the Standard Terms and Conditions set out our procedures for dealing with problems or complaints. The Tax Practitioners Board also has a complaints process in relation to tax agent services as outlined on their website which can be accessed here

Section 45 of the Tax Agent Services (Code of Professional Conduct) requires Grant Thornton to notify you if it becomes aware of any matter which could significantly influence your decision to engage us or to continue to engage us in relation to the provision of tax agent services. Grant Thornton is not aware of any such matters.