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February 5, 2025
The End of De Minimis: What Do New Tariff Rules Mean for Temu, SHEIN, and Other Chinese E-Tailers?
Under the direction of President Donald Trump and his administration, broad tariffs were enacted on China as of Feb. 4, at a rate of 10%. Notably, as Yahoo! Finance pointed out, the new tariff rules ended the de minimis loophole — one which allowed packages worth $800 or less to be shipped into the United States duty-free.
With Chinese e-tailers facing not only the imposition of the tariffs themselves but also the closing of the de minimis exemption, how might Temu, SHEIN, and others in the space react?
USPS Unclear as to How It Will Handle De Minimis Rules, Temporarily Halts Packages From China
According to a recent report from Modern Retail, the United States Postal Service (USPS) temporarily halted the handling of inbound parcels from China on Feb. 4. However, this stoppage was particularly short-lived, as regular handling of said parcels resumed on the morning of Feb. 5.
Modern Retail indicated that most of the products now seen by U.S. consumers shopping the Temu app have a green “sticker” attached advertising that the product is “local.” What is meant by this terminology is that the product is likely warehoused in the United States currently, having already made the journey from overseas — not that it is a product of the United States.
The outlet was careful not to pin the swift change entirely on the ending of de minimis exemptions but also suggested that the change could be due to the Lunar New Year in China, which draws to a conclusion on Feb. 12. During this two-week span (beginning on Jan. 28), or a portion thereof, many Chinese workers will be on vacation.
While the Biden administration had previously examined tightening de minimis rules last year — estimating they would make 40% of all imports and 70% of clothing and textiles from China ineligible — the Trump administration has been much more clear-cut in its approach.
“[Trump’s approach] is more across the board, saying if it’s a product of China, it’s no longer de minimis,” said Andrew McAllister, a partner with Holland & Knight, as cited by Yahoo! Finance.
“It’s much more black and white,” he added.
With De Minimis Gone, How Will Temu, SHEIN, and Others React?
One thing that most analysts seem to agree on: Temu and SHEIN are unlikely to simply exit such a lucrative market.
Prior to the announcement of Trump’s executive orders surrounding tariffs, Juozas Kaziukėnas, founder of Marketplace Pulse, told Modern Retail that although changes may be on the horizon, the landscape was unlikely to shift too immensely.
“If the de minimis threshold is removed, some form of Temu will remain,” Kaziukėnas said at the time. “It will perhaps not be as cheap as it was in the past, but it’s hoping that it will still be cheap enough for people to come back to it.”
Christopher Tang — a professor of global supply chain management at the University of California, Los Angeles — indicated that Temu, SHEIN, and similar Chinese operations could somewhat evade the loss of the de minimis loophole by expanding warehouse capacity on American soil, per CNN. Further, these e-tailers could make bulk shipments to the U.S. and then reship individual orders nationwide.
In both of the above scenarios, customers are likely to bear the bulk of the cost. However, as Tang pointed out, there could be a silver lining — an increase in U.S. jobs as a result.
There may be class-related concerns, as well.
A 2024 research paper from the National Bureau of Economic Research suggested that the axing of the de minimis exemption would result in a $10.9 billion to $13 billion reduction in “aggregate welfare,” disproportionately hurting “lower-income and minority consumers.”
“Lower-income zip codes are more likely to import de minimis shipments, particularly from China, which suggests that the tariff and administrative fee incidence in direct-to-consumer trade disproportionately benefits the poor,” the attached abstract read.
European Union Also Set To Clamp Down on ‘Cheap E-Commerce Imports’
According to Reuters, the news doesn’t get much better for SHEIN, Temu, and similar companies as the European Union seeks to cut down on “cheap e-commerce imports” headed into the EU.
The European Commission indicated that the two e-commerce giants would be held liable for the sale of dangerous and unsafe products from their platforms. The EU executive also revealed that SHEIN would be subjected to a formal investigation — conducted jointly with the Consumer Protection Cooperation Network of national consumer authorities — rooted in suspicions that the company was infringing upon EU consumer protection rules.
The commission exhibited alarm over the raw number of cheap imports flooding into the EU, stating that some 4.6 billion low-value items below 22 euros were imported into the EU last year. A full 91% of these originated from China, per Reuters. The commission cited unfair competition with its own domestic EU sellers as well as significant environmental and climate concerns as primary motivators over an ostensible move to curtail such a volume of shipments inbound from Chinese e-tailers.
“We want to see a competitive e-commerce sector that keeps consumers safe, offers convenient products, and is respectful of the environment,” EU Tech Chief Henna Virkkunnen said in a statement.
SHEIN indicated it would cooperate with EU authorities, while Temu did not immediately reply to a Reuters request for comment.
Discussion Questions
Will Temu and SHEIN be able to weather the closure of the de minimis loophole without significant operational or price point pain?
Will the combined U.S. and EU interest in enacting protectionist measures against SHEIN, Temu, and other Chinese e-tailers have any measurable effect on consumer behavior? Will it actually serve to bolster domestic production and sales?
What can SHEIN and Temu do to improve their image (and relationship) with American consumers and lawmakers?
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Recent Discussions







There will be an impact on companies like Shein and Temu and shopfronts on Shopify that ship directly from China. They will all find that import costs rise and that packages take longer to be delivered – quite how Customs and Border Protection is supposed to cope with millions of extra packages each week is anyone’s guess. None of these things is helpful to the business models. There are some workarounds, such as shipping in bulk to the US and distributing from within the country (something Temu already does to a degree), but that doesn’t prevent things like tariff charges. Basically, there is now more friction in e-commerce between the US and China and the low cost model isn’t quite so low cost. But, the idea that Shein and Temu will simply run up the white flag of surrender isn’t sensible. They will adapt and adjust.
I’m glad you point out that the bulk-shipment strategy will still leave Temu and Shein responsible for paying the full duties, as the article seemed to suggest it was a workaround. Nope, they will be stuck with having to pass along significant pricing increases.
The “aggregate welfare” effect of duty-free shipments to poor neighborhoods is also a red herring, as the destruction of onshore manufacturing, supply chain, and retail jobs is a big reason why those neighborhoods are poor to begin with. (see also the recent Walmart effect study on inducing poverty).
Temu and Shein do not pay the tax. The importer does.
If they are bulk imported by Shein and Temu and then they onward distribute, they will pay the tariffs. Shipping direct to consumer from China means the consumer will pay the tariff. Even under the latter process, costs will still rise as there is more paperwork required for packages being shipped to the US; carriers may also raise prices due to the increased complexity. And both scenarios involved longer lead times.
If they ship in bulk, what entity receives the goods?
If the goods go into their warehouses – as already happens to some extent with Temu – then the company is the receiving entity.
And then the rule was rescinded. Just another day of self-inflicted chaos from the new regime in Washington, which seems to want to keep the stock market on edge. I worry less about Shein and Temu and more about the American consumer.
To reduce risks related to the closure of the de minimis loophole, Temu and SHEIN may ship bulk orders to warehouses in the U.S. then distribute customers’ parcels from there. Now Amazon Haul appears well positioned to steal share due to its bundle of affordability, brand trust, customer loyalty, product quality and easy returns.
I always hate to see the word “loophole” used for a deliberate exemption, but whatever phrasing you use, it presents a challenge; insumountable? No of course not! The obvious option is to simply pay the tarriff – 10% isn’t very much; another option is to circumvent it thru shadow sellers and other cloak-and-dagger moves. I’ll defer comment on the merits of the tariff(s) it(them)self(-ves).
But it won’t be just 10%; it will be that PLUS the current duty levels for clothing, electronics, etc. that were imposed by the 45 and 46 administrations. So we may be talking 25% – 110% depending on product type.
Ah,good point! The takeaway from all this, I believe, is that the end of the exemption is far more of an issue than the (incremental) tariff itself
The problem isn’t the 10% tariff. Nothing sold by Temu or Shien will be hurt by costing 10% more.
The problem is how to collect the tariff. The payer of the tariff is the customer who bought the product. Does the government send them a note and tell them to send a check so they can get the product…a check for $1.00 or less? Or will the delivery agent collect it? (Can’t do that because it can’t leave the port until the tax is paid.)
I am sure no one was thinking about U.S. manufacturing. Manufactured components are considered “de minimis”; over one billion shipments per year fall under the de minimis category,
Maybe the administration really didn’t understand that the importer, not the exporter, pays the tax (also known as a tariff). Is that why they changed their mind?
Although this will drive up costs and retails, these retailers still have lean decentralized operational structures. This will continue to allow them to compete against traditional retail. SHEIN has already made significant progress building systems in the US as well to offset these challenges such as domestic fulfillment and strategic partnerships like with Forever21.
Any way you look at it, these actions are significant headwinds for Temu, SHEIN and anyone else that sells cheap Chinese goods. Beyond closing the de minimis loophole, given the current tumultuous geopolitical climate, it’s impossible to predict what additional challenges may arise. While Temu and SHEIN may be able to find workarounds in the short term, these policy changes in the US and EU represent serious threats to these firms.
This sounds like someone counting their pennies when their house is on fire. There’s a more significant issue at play here: a far more adversarial posture between China and the United States, of which trade is just one aspect. I think the potential for disruption in access to the US market for Shien and Temu could be very significant. Short term these companies will probably find a way around this set of restrictions. Long term, the bets are off.
Of course the loopholes needed to be closed. (What took so long, what was so complicated about merely creating a level playing field…??? Ludicrous.) And of course Shein and Temu will live on. I always hated the fact that they had the de minimis advantage, but I LOVED the fact that they had created a data-driven fashion model. Their incredibly abbreviated production calendar gave them an enormous advantage over almost every brand and mall retailer. AND, they had the price advantage! That’s an incredible equation for success. They will now lose part of the price advantage, but can they continue to leverage their ability to be data-driven…??? Now if only there was a way to re-shore that whole process. That, of course, won’t happen in my lifetime, but it’s good to know that data-driven fashion doesn’t have to be an oxymoron.
And by the way, slamming the door shut only to open it back up 24 hours later does suggest good management and planning skills. Of course the loopholes needed to be closed. And it could have been done in a manner that factories and customers alike could adjust. To say nothing about giving Customs a heads-up that a massive change was headed their way. Chaos by accident or chaos by malice aforethought…??? Ludicrous.
Yes a 10 percent tariff will raise consumer costs, but I suspect low-price operators like Shein and Temu will see very little impact on shopper demand.
What puzzles me is why there is no discussion about the mechanisms required to calculate and collect the tax on millions of tiny shipments. How does that serve the oft-stated goal of paring down bloated government bureaucracy?
I don’t see many thinking Shein and Temu actually fold up sales operations to the USA as a result of the de minimis loop hole closure. Americans love cheap stuff, and there’s too much money and volume at stake. Some suggest warehouses will be built on US soil to redistribute these cheap goods all over. But that action may further stoke fires and concerns from Congress and the President. So it will be interesting if any broader economic policy shifts, tariffs and pressures are added into the mix. Shein and Temu may not be able to improve their image in the near future, and could instead focus on the long-term opportunities.
I believe that SHEIN and TEMU can do a lot to reduce fast fashion’s wastefulness and use more sustainable materials, recycling programs and initiate resale platforms. They should reduce packaging waste and improve their carbon footprint. I love the low cost items but unless they start implementing some of these initiatives, I don’t believe they can improve their image.
De minimis exemption (Section 321 of the Tariff Act of 1930) is not a loophole but is established by design. While the U.S. has duty-free below $800, no import tax exemptions exist. China’s situation is a hot potato because of the success of companies like Shein and Temu, which have created successful business models with high volume in part by leveraging existing global trade rules. Their low price points have enabled many lower-income consumers to deal with the effects of inflation over the past couple of years. Should tariffs become a permanent fixture in our trade landscape, the bottom line is that large established Chinese firms will adapt to new supply chain networks, some US retailers like Amazon are likely to see increased demand, and consumers will pay a little more than before for the same goods.