New Legislation Cracks Down on Fentanyl Smuggling, Imports of Products Made with Forced Labor

August 13, 2024 - Last week, U.S. Senator Kirsten Gillibrand (D-NY), alongside Senators Ron Wyden (D-OR), Cynthia Lummis (R-WY), Sherrod Brown (D-OH), Susan Collins (R-ME), and Bob Casey (D-PA), announced bipartisan legislation to help Customs and Border Protection (CBP) stop the flow of illicit goods, including fentanyl, counterfeits, and products made with forced labor, into the country by tightening import requirements for low-value packages.

Senator Kirsten Gillibrand (D-NY)

In recent years, the number of direct-to-consumer shipments from foreign corporate giants like Shein and Temu into the U.S. has quadrupled. These retailers are abusing a customs process called “de minimis” entry, which allows packages under $800 to enter the country tariff-free and under a streamlined process. As the volume of packages has increased, CBP has struggled to effectively target shipments and keep out packages containing illicit drugs, counterfeits, products made with forced labor and other goods that violate U.S. law.

“Tightening import requirements for low-value packages will help keep counterfeits off our streets and fentanyl out of our communities,” said Senator Gillibrand. “The bipartisan FIGHTING for America Act would crack down on the de minimis loophole and help CBP stop unlawful packages and deadly drugs from entering our country. I look forward to working with my colleagues to get this important bill passed into law.”

The Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains (FIGHTING) for America Act would tighten the rules for de minimis entry and help CBP more effectively stop unlawful imports. The legislation would ensure that Chinese corporate giants cannot use the de minimis process to avoid paying tariffs on textiles, shoes and apparel or evade trade penalties imposed because of Chinese trade cheating. Reducing the overall volume of low-value packages entering under de minimis would lower carbon emissions, promote enforcement of U.S. trade laws, and level the playing field for U.S. manufacturers and workers. The legislation would also improve oversight of the de minimis entry process by (1) requiring CBP to collect more information about commercial packages, (2) facilitating the targeting and seizure of illicit goods, and (3) increasing penalties for bad actors.

This legislation is supported by Oregon AFL-CIO, AFL-CIO, National Council of Textile Organizations (NCTO), Parents Against Vaping e-Cigs (PAVe), Voices for Awareness | Facing Fentanyl Now, National Association of Police Organizations, Fraternal Order of Police, United Steelworkers (USW), United States Footwear Manufacturers Association (USFMA), National Treasury Employees Union, and the Outdoor Industries Association.

A one-pager is available here. A section-by-section outline of the legislation is available here. The text of the bill is here.
Source: Senator Kirsten Gillibrand