Ecommerce Innovation Alliance

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Trade Policy Upheaval: What E-comm Businesses Need to Know Now!

The e-commerce landscape is constantly evolving, and recent shifts in global trade policies are adding a whole new layer of complexity. To help our members navigate these changes, the Ecommerce Innovation Alliance’s President & CEO, David Carter, partnered with founding member, Postscript, to host a webinar featuring Ned Steiner, Senior Director of International Trade at Sandler Travis & Rosenberg.

Key takeaways from the discussion:

  • Uncertainty reigns: The current trade environment is in flux, with potential tariffs and policy changes looming. It's crucial to rely on official sources for information and avoid the rumor mill.

  • Trump-era policies still in play: While not yet implemented, tariffs targeting Mexico, Canada, and China remain a possibility. New tariffs could be implemented as early as February or new tariffs could wait until after the new agency heads at the United States Trade Representive (USTR) and the Department of Commerce have an opportunity to offer suggestions to President Trump in response to his America First Trade Policy Executive Order. During these critical weeks, it is important to stay vigilant and watch for updates from agencies like the USTR.

  • Section 321 De Minimis under threat: This vital regulation, which allows low-value shipments to bypass customs, could be significantly impacted. Before President Biden left office earlier this month, Customs and Border Protection published two notices of proposed rulemaking (NPRM) (here and here) that could impact the ability of ecommerce companies to rely on Section 321 to import low dollar shipments into the United States without paying tariffs. Changes may include stricter data requirements and the exclusion of goods from countries like China that are subject to additional tariffs under Section 301 of the Tariff Act, which is used against countries violating fair trade practices. Unless changed, deadlines for comments in response to these NPRMs are March 17, 2025 and March 24, 2025.

  • Your voice matters: In addition to potential action from executive branch agencies, both the House and Senate are considering legislation that would scale back the de minimis exception under Section 321. E-commerce businesses, particularly smaller ones, must actively engage with policymakers to protect their interests.

  • Mexico's role: While programs like IMMEX remain viable for now, potential changes to de minimis rules could disrupt cross-border supply chains involving Mexico.

What can you do?

  • Stay informed about upcoming public comment periods and share your feedback.

  • Join the Ecommerce Innovation Alliance to collectively advocate for e-commerce-friendly trade policies.

  • Monitor developments closely and be proactive in adapting your business strategies. For more guidance on these issues, contact Ned Steiner.

The future of e-commerce trade is being shaped now. Don't get left behind! For a deeper dive into these critical issues, check out the full webinar recap on the Postscript blog or watch the full video below.

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