Executive Order No. 14388. Continuing the Suspension of Duty-Free De Minimis Treatment for All Countries
| Executive Order No. | 14388 |
| Published date | 25 February 2026 |
| Date | 20 February 2026 |
| FR Document | 2026-03829 |
| Pages | 9433-9436 |
| Citation | 91 FR 9433 |
| Issuer | Executive Office of the President |
| Section | Presidential Documents |
Presidential Documents
9433
Federal Register / Vol. 91, No. 37 / Wednesday, February 25, 2026 / Presidential Documents
Executive Order 14388 of February 20, 2026
Continuing the Suspension of Duty-Free De Minimis Treat-
ment for All Countries
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974,
as amended (19 U.S.C. 2483), and section 301 of title 3, United States
Code, it is hereby ordered:
Section 1. Background. In several Executive Orders, including Executive
Order 14193 of February 1, 2025 (Imposing Duties To Address the Flow
of Illicit Drugs Across Our Northern Border), as amended; Executive Order
14194 of February 1, 2025 (Imposing Duties To Address the Situation at
Our Southern Border), as amended; Executive Order 14195 of February
1, 2025 (Imposing Duties To Address the Synthetic Opioid Supply Chain
in the People’s Republic of China), as amended; Executive Order 14257
of April 2, 2025 (Regulating Imports With a Reciprocal Tariff To Rectify
Trade Practices That Contribute to Large and Persistent Annual United States
Goods Trade Deficits), as amended; and Executive Order 14324 of July
30, 2025 (Suspending Duty-Free De Minimis Treatment for All Countries),
I declared or described national emergencies with respect to unusual and
extraordinary threats to the national security, foreign policy, or economy
of the United States and took action to deal with those threats, including
suspending duty-free de minimis treatment under 19 U.S.C. 1321(a)(2)(C)
for certain imports.
As relevant here, in section 3 of Executive Order 14324, I set forth the
duty rates applicable to shipments sent to the United States through the
international postal network that would otherwise qualify for the de minimis
exemption under 19 U.S.C. 1321(a)(2)(C). These duty rates were based on
the additional duty rates imposed by Executive Orders issued under IEEPA,
including Executive Order 14193, as amended; Executive Order 14194, as
amended; Executive Order 14195, as amended; and Executive Order 14257,
as amended.
In section 6 of Executive Order 14324, I made clear that the suspension
of, or continued suspension of, duty-free de minimis treatment, as detailed
in Executive Order 14324, shall not be affected if the additional duties
imposed under Executive Order 14193, as amended; Executive Order 14194,
as amended; Executive Order 14195, as amended; or Executive Order 14257,
as amended, were held to be invalid. I also provided that—should such
invalidation occur—duty-free de minimis treatment under 19 U.S.C.
1321(a)(2)(C) would be available for shipments sent through the international
postal network only until I received a notification from the Secretary of
Commerce (Secretary) that adequate systems were in place to fully and
expeditiously process and collect duties applicable to such shipments.
Since the issuance of Executive Order 14324, the conditions outlined in
section 6 of Executive Order 14324 have occurred. Also since the issuance
of Executive Order 14324, the Secretary has notified me that adequate systems
are now in place to collect certain duties applicable to shipments sent
through the international postal network that would otherwise be eligible
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for duty-free de minimis treatment. I also have received additional informa-
tion and recommendations from various senior officials regarding the suspen-
sion of duty-free de minimis treatment.
After considering the information and recommendations these officials have
provided to me, among other things, I have determined that it is still nec-
essary and appropriate to suspend duty-free de minimis treatment under
19 U.S.C. 1321(a)(2)(C), including for shipments sent through the inter-
national postal network. U.S. Customs and Border Protection (CBP) shall
collect duties on shipments sent through the international postal network
in accordance with Executive Order 14324, as amended below. CBP shall
also continue to take all appropriate action to collect all applicable duties,
taxes, fees, exactions, and charges for shipments not sent through the inter-
national postal network. In my judgment, these actions are necessary and
appropriate to deal with the national emergencies declared in Executive
Order 14193, Executive Order 14194, Executive Order 14195, and Executive
Order 14257. Each determination is independent of the other and is made
only for the purpose of dealing with the respective emergency and not
for the purpose of dealing with another emergency.
Sec. 2. Continuing the Suspension of Duty-Free De Minimis Treatment. Sec-
tion 2 of Executive Order 14324 is revised to read as follows:
‘‘(a) The duty-free de minimis exemption provided under 19 U.S.C.
1321(a)(2)(C) shall not apply to any shipment of articles not covered by
50 U.S.C. 1702(b), regardless of value, country of origin, mode of transpor-
tation, or method of entry. Accordingly, all such shipments, except those
sent through the international postal network, shall be subject to all applica-
ble duties, taxes, fees, exactions, and charges. International postal shipments
not covered by 50 U.S.C. 1702(b) shall be subject to the duty rates described
in section 3 of this order. Entry for all shipments that, prior to the effective
date of this order, qualified for the de minimis exemption, shall be filed
using an appropriate entry type in the Automated Commercial Environment
(ACE) by a party qualified to make such entry—except for shipments sent
through the international postal network, which shall be dutiable in accord-
ance with section 3 of this order.
(b) Shipments sent through the international postal network that would
otherwise qualify for the de minimis exemption under 19 U.S.C. 1321(a)(2)(C)
shall pass free of any duties except those specified in section 3 of this
order, and without the preparation of an entry by CBP, until the effective
date for the new entry process for postal shipments established by CBP
and published in the Federal Register.’’
Sec. 3. Duty Rates for International Postal Shipments. Section 3 of Executive
Order 14324 is revised to read as follows:
‘‘(a) Transportation carriers delivering shipments sent to the United States
through the international postal network, or other parties if qualified in
lieu of such transportation carriers, as approved by CBP, must collect and
remit duties to CBP using the methodology described in subsection (b)
of this section. Each transportation carrier or other qualified party shall
remit duty payment to CBP in accordance with CBP guidance on the require-
ments and process for remittance.
(b) A duty equal to the rate provided in the Proclamation of February
20, 2026 (Imposing a Temporary Import Surcharge to Address Fundamental
International Payments Problems), shall be assessed on the value of each
dutiable postal item containing goods entered for consumption. This duty
rate shall be assessed until the expiration date of the temporary import
surcharge established by the Proclamation of February 20, 2026, or until
the effective date of the new entry process for postal shipments established
by CBP, whichever date occurs first.
(c) For all international postal shipments subject to the duty rate in the
Proclamation of February 20, 2026, in accordance with subsection (b) of
this section, the country of origin of the article and its value must be
declared to CBP.
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(d) Shipments sent through the international postal network that are subject
to antidumping and countervailing duties or a quota must continue to be
entered under an appropriate entry type in ACE to the extent required
by all applicable regulations.’’
Sec. 4. Further Revisions. Executive Order 14324 is further revised by striking
section 5 and renumbering sections 6 and 7 as 5 and 6, respectively.
Sec. 5. Implementation. (a) The modifications to Executive Order 14324
in this order shall be effective with respect to goods entered for consumption,
or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern
standard time on February 24, 2026. Additionally, the Harmonized Tariff
Schedule of the United States shall be modified as provided in the Annex
to this order.
(b) Consistent with applicable law, the Secretary of Homeland Security
is directed and authorized to take all necessary actions to implement and
effectuate this order —including through temporary suspension or amend-
ment of regulations or through notices in the Federal Register and by adopting
rules, regulations, or guidance. The Secretary of Homeland Security may
continue to employ all powers that were previously authorized in Executive
Order 14324 as may be necessary to implement and effectuate this order.
Sec. 6. Effect on Prior Actions and Severability. Any provision of previous
proclamations and Executive Orders that is inconsistent with this order
is superseded to the extent of such inconsistency. If any provision of this
order or the application of any provision of this order to any individual
or circumstance is held to be invalid, the remainder of this order and
the application of its provisions to any other individuals or circumstances
shall not be affected.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department
of Homeland Security.
THE WHITE HOUSE,
February 20, 2026.
[FR Doc. 2026–03829
Filed 2–24–26; 11:15 am]
Billing code 4410–10–P
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