President Trump signs an EO to continue the suspension of the de minimis exemption, despite the SCOTUS' ruling that overturned most of Trump's 2025 tariffs

The president signed an executive order implementing 10 percent global tariffs after calling the justices who struck down his signature trade policy a “disgrace.”

Wired 2026-02-21 Zeyi Yang

Context & Ripple Effects

The de minimis rollback began with China-bound policy and was later broadened to all countries through the July 2025 order ending the exemption globally. This order preserves that direction even after the Supreme Court rejected much of the wider 2025 tariff program.

The move follows earlier judicial limits on the administration’s tariff authority, including the trade court’s finding that emergency powers did not support sweeping import tariffs. It makes the treatment of low-value imports a central remaining lever in the administration’s trade policy.

First-order effects

Low-value imported packages remain outside the de minimis exemption, affecting sellers and marketplaces that rely on direct-to-consumer cross-border shipments.
The executive order also puts a 10% global tariff into effect, immediately changing the import-cost framework for covered goods despite the Supreme Court ruling.

Second-order effects

Cross-border merchants and logistics providers must continue operating under a model in which low-value parcels face greater customs and tariff exposure, rather than relying on the former exemption.
Because the policy applies globally, competitors that source from different countries receive less relief from geographic diversification than they would under a China-only restriction.

Third-order effects

The episode tests how much trade policy can be sustained through narrower executive actions after courts curb broader emergency-power tariff claims.
If maintained, the policy points toward low-value e-commerce shipments becoming a more durable trade-enforcement target, with cross-border retail economics increasingly shaped by customs treatment rather than the exemption.

The trend: Trade policy is shifting from broad, legally contested tariff programs toward more targeted controls on the cross-border e-commerce channels that bring low-value goods into the US.

Discussion

@byheatherlong Heather Long on x
Friday night news: the White House just reinstated the ban on people importing small goods (worth up the $800) duty free. You do have the pay the new 10% tariff... The “de minimis” exemption was popular among middle class and moderate income Americans who bought cheap items [imag…
@aaronrubin Aaron Rubin on x
As I said, today's supreme court ruling put 321 back and I said, it was just as quickly removed again. The White House issued a new Executice Order today than once again removes the 321 de minimis exception. This one will stick since it doesn't use IEEPA as the justification.
@tedlieu Ted Lieu on x
The Supreme Court slapped down Donald Trump today. His feelings got hurt. Now Trump is acting like a crybaby and taking it out on the American people by imposing new 10% taxes and cancelling the de minimis exception for tariffs for goods up to $800.
@benbrodydc Ben Brody on x
Response to the tariffs ruling from the tech sector so far seems to be: keep up pressure on “discrimination” against sector abroad with targeted measures but also WHEW!
@mweinbach Max Weinbach on x
Well with tariffs gone, that's at least good for consumer electronics where that fee can now go back to helping afford memory without raising prices lol
@benbajarin Ben Bajarin on x
Exactly this. So many poor OEMs with narrow margins were about to get hit on two fronts.
@typesfast Ryan Petersen on x
The new global 10% tariff that Trump just imposed is done under the authority of Section 122 of Trade Act of 1974. This gives the President the authority to impose global tariffs of up to 15% for a maximum of 150 days. Two predictions: 1) Trump will at some point soon find a
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