A loophole used by Shein/Temu to ship packages to US tax-free (2024)
businessinsider.com
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I believe Temu/Shein/etc collect US sales tax based on the destination address, but that is insufficient.
You don't have to pay a company to calculate it for you, but it is difficult to calculate. I think all the states with sales tax assert that the correct sales tax for a delivered item is based on the location of delivery, and determining the tax jurisdictions from the location of delivery is complex. Using the city field of the address is often wrong, because that's really just the name of the post office that serves the delivery location, not an indiciation of what city (if any) the delivery location is in.
Once you've determined the jurisdictions, you also need to confirm the rates for the shipped items and collect and remit the taxes.
It's a lot harder than schemes where there's a single rate for a country or at most one rate per top level subdivision of a country, where delivery addresses almost always have the subdivision clearly marked.
This still puts domestic sites at a significant disadvantage.
I think you could adjust the rule so that it covered this situation, but didn’t cover shippers who specifically created fast shipping to avoid tarriffs and keep the processing outside the country.
That being said, I benefited from this when I ordered my Prusa 3d printer and I believe it was purposely priced exactly under the threshhold so that I would avoid the tarriff.
You could make being subject to the tariff depend on the shipper volume of course.
However the point really is, do there really need to be issues at the border when flights land? I guess you could exempt travellers so that there is the appearance of normality to people IRL, but that wouldn't prevent issues at the border for packages, and most people get a lot more packages than they do fly in/out of the US, so I'd imagine it wouldn't take long for people to really notice the impact directly (let alone several steps removed as companies can no longer import effectively).
Or not! But I don't think the problem is that we cannot craft regulation, it's whether we ought to.
On the other hand, that point is not as legitimate in the US as in Europe due to domestic companies such as Amazon that don't act in good faith. Stores that pretend to be marketplaces and therefore try to avoid responsibility for the stuff they sell for their subcontractors.
It could easily turn into your most expensive bag ever.
All food items simply _must_ be declared. There's two lines, so join the "something to declare" one. You'll be waved through after a quick inspection, or asked to surrender any offending items. Super easy. The declare line is often quicker as well.
This was pretty much the straw breaking the camel’s back, and our little import business shut down shortly after that as orders dropped like a rock
What will be the total tariff percentage on custom PCBs from China?
The de minimis exemption ends on Tuesday, but only if the goods are already in a bonded warehouse or customs house pending clearance.
Goods needed to be on their "final mode of transportation to the US" by 2025-02-01 at 12:00am Eastern Time to be exempt.
The total Section 301 tariff on PCBs is now 35%.
Car parts often travel back and forth across the borders before full assembly.
Now they have tariffs each time they cross for each part.
No-one is going to be able to afford a new car soon.
Oh no!
A US company that buys metal castings from Canada and sells finished parts back to a factory in Canada might decide to look for a new source, but it's not a given that they will find one, or that switching would make more sense than losing business to higher prices.
To give more detail, one casting is a low precision structural attachment that connects an heavy anchor chain to a floating buoy. This part is cast from 316 grade stainless steel in China for ~$50/ea. For GSA work in the US, we have to use the same part cast domestically from A897 Ductile Iron (a far inferior material in a marine environment) because none of the few remaining US foundries who do stainless are willing to take on the work.
Unless the government is going to take the tariff revenue, and immediately incentivize more domestic competition and investment in manufacturing infrastructure (dirty industries frowned upon by VC tech bros who have no idea where any of the physical items they rely on to survive come from) at a level greater than FDR’s New Deal, then the result is simply going to be extreme inflation and massive scarcity.
I’d love to just start a foundry making our stainless castings right here in the USA, but anyone with the time for that doesn’t have access to the funding and anyone with the funding doesn’t have the time for the lengthy payback period of building a factory. Industrial prowess in a America is basically far too gone to catch up at this point and even the high value and cutting-edge R&D stuff will fall off as we don’t have all of the legacy “heavy industrial” know how that unlocks the latter part of the value chain.
Everyone knows where it comes from, it just doesn’t make business sense to plow money into high liability, low economies of scale businesses when your competition has far lower labor and environmental compliance costs.
It is unclear if the tariffs are a short term or long term policy. If short term then there's no way to justify the investment.
So you have to wait until you get certainty. And then you need to build industrial plant, train workers. And crucially the new workers have to stop whatever work they were doing previously.
If a foreign country has cheaper raw materials and cheaper manufacturing costs, maybe they will export manufactured parts.
Of course, in the short term this is full panic mode, with the real potential for some manufacturing to be removed in US or retooled to meet new requirements.
Lets say canada make 1 million car a year, that’s still less than what Canadians are buying.
Some Americans seems to think that all that matter is domestic production when they forget that their own companies need to export as well. Canadians do buy cars as well. This isn’t a case where all domestic production was lost from the US.
6£ ultra pro card deck box from their European website...they try to force people to use UPS shipping for that at 90£ shipping, Belgium warehouse to UK. Ended up not buying because that's just plain ridiculous.
My favorite legal loophole was in the Ukrainian citizenship law: to naturalize, one has to renounce their previous citizenship(s), but sometimes it's not practically possible to do. When the law was passed, one of legitimate reasons to not follow through with renouncing previous citizenships was "it costs more than X percent of a minimal monthly salary". At some point 30 years later it turns out that, despite X being changed a few times, most the countries that people have to renouncing citizenships of, are falling under this "too expensive" loophole, since minimal monthly salary is a bit of an arbitrary number that a lot of laws refer to and it made sense to have it suppressed. So after kicking the can down the road a few times, the loophole was removed.
Nowdays, after the loophole is repealed, the muchhonoured-clearexcelency-mister-chief-of-the-military pushes for some version of dual citizenship where citizens of nice countries can sign a pledge instead of allegiance instead.
In this case, the threshold has been updated repeatedly while the use was the same as today. It's not a loophole.
Not clear what happens now that Customs and Border Protection has to look at all those little boxes.
This isn't unexpected, though. There was a notice of proposed rule making back in September 2024, and it was probably going to happen this year, anyway.[1]
This is going to complicate the "dropshipping" business. The dropshipper is usually the importer, and they now have to pay customs duties. But they're not the seller of record (the one Amazon says is the seller), who collects from the customer. Amazon likes to consider the customer to be the importer, but that may not fly. Amazon sellers are going to have to deal with the wonderful world of customs brokers, bonded warehouses, and e-filing customs paper work.
Dropshippers who order in bulk and then ship out individual packages now either have to pay duties when they get the bulk shipment, or use a bonded warehouse (inspected by CBP) to store stuff on which duty has not yet been paid. DHL has a bonded warehouse service.
[1] https://www.jdsupra.com/legalnews/cbp-proposes-to-modify-the...
If they're doing that, they're no longer a dropshipper, just a bog-standard retailer.
Push compliance on to the logistics providers, is my guess. Australia removed the low value VAT/GST exemption a few years ago. Anything parcel shaped coming in needs an appropriate customs form, declared values, and VAT remitted. If the overseas seller/sender hasnt already paid VAT then DHL/auspost/etc will hold it at the port until the recipient completes and remits GST. End user never deals with customs directly, its all handled by the importer before going to last mile delivery.
Same experience sending/receiving in to the nordic countries. Though in that case nordpost entirely sucks, so any real-but-abnormal import is a HUGE pain dealing with them.
I don't agree with these new thoughtless tariffs at all, but I do agree that some countries skirt the rules and certainly some more than others. Just ironic that country only got slammed with 10% when they're the worst offender.
Year old story.
More recent development discussion:
US targets trade loophole used by ecommerce groups Temu and Shein
US targets trade loophole used by ecommerce groups Temu and Shein - https://news.ycombinator.com/item?id=41536137 - Sept 2024 (103 comments)
1) Media - you won't believe this legal loophole!
2) Politicians - what loophole? that's the law working as intended.
3) Media - watch our corrupt politicians defend the evil loophole that costs us millions!
4) Politicians - ok, we'll change it then. that'll get us positive coverage, right?
5) Law - gets worse
what gets me about this sort of thing is that we don't wind up getting to the bottom of it. the current deminimus violates the intent - we need to not just restore it to something reasonable, like $10, but also find out what in the process went wrong, find out whose palm was greased.
$10 sounds too low? consider that with today's IT, import processing fees should be much lower than that. the idea of deminimus is a fine one, just that these numbers don't make sense, and cause a lot of damage.
4x increase. What is the explanation
It's high time that we put the hammer down on Temu, Shein et al., and that hard. China and its companies routinely abuse relaxed rules meant for "developing" countries such as reduced, subsidised shipping or the mentioned tax simplifications - that status absolutely has to end rather sooner than later.
And if they do not want to do that for whatever (corrupt?) reasons, at the very least mandate live feeds for all incoming parcels to customs.
Why? Their business model is perfectly legal, and in fact, as the article makes clear, it's not even a "loophole" -- what they're taking advantage of is an explicit provision of law. On the other side of the equation, US consumers benefit from lower prices, and often superior quality, relative to what they'd otherwise get on Amazon and Wal-Mart.
Besides, Amazon and Wal-Mart are often (in some retail categories even usually) middlemen for Chinese manufacturers. Shein, Temu, et al. are demonstrably superior middlemen.
So what's the harm?
Bezos is looking at the tariff increases and wondering what the fuck he just bought. Welcome to the party, pal. There are no free returns on this one.
Its in most countries interest to build things locally if they can. A policy which penalizes a local business in favor of a foreign one is pathological.
But it also employs nobody. If everyone's jobless what's the point? Is the end goal really manufacturing everything offshore and employing nobody? How the heck is that sustainable? What would such an economy even look like?
You get your monthly dividents from CHOAM shares and IP that you license to the thinking machine and buy spice to enjoy decadency of life of course.
One example:
https://www.seattletimes.com/business/nw-salmon-sent-to-chin...
Meanwhile those who need some niche items, for example people with a niche hobby, end up having to pay more for the same things, because they simply have no other choice. Or if they're lucky they can pay several times the price to a local (usually online) store, getting the same product, probably from the exact same factory line, just for several times the price, because now there's an extra middleman.
Why is it in a country's interest to build things "locally"? Is that true in all cases?
Well, at least if the thing is broken during 2 years post purchase, I can send it back to the seller and either get a repair or my money back, I don't have to pick up the parcel from customs in person (this one is a common annoyance for Germans, made more difficult by the ridiculous opening hours and the Zollämter only being present in the major cities), shipment is faster than 4 weeks aka "economy" and if it burns down my house I can at least drag some poor sod in front of a court and hope they got a corporate liability insurance.
All of that costs money, hence the thing being re-sold for what appears to be a ridiculous markup.
> if it burns down my house I can at least drag some poor sod in front of a court and hope they got a corporate liability insurance.
Valid but I doubt a more thorough warranty is worth more than 5-20%.
> I don't have to pick up the parcel from customs in person
Does that actually make the shipping from china cheaper, though? Probably not. Paying to avoid an artificial barrier is a pretty bad justification for price.
> shipment is faster than 4 weeks aka "economy"
If that's a big factor, wouldn't I be able to get similar super cheap prices with slow shipping from an in-country warehouse? Because I don't see that, I see prices that are similar to going to the store.
Imagine you're making a product that is produced in America (or you import it wholesale from China) and conforms to American standards for product safety - fire resistance, toxic chemicals, electrical safety, IT security, EM emissions.
Now, some Chinese cloners come, clone your product but shart on all the regulations, cut corners everywhere and sell it for half the price or less on Temu. You're out of business, your employees are out of jobs, the US taxman is out of all of your tax revenue, and to top it off people complain about "your" product being faulty/incompliant/dangerous because they got shipped illegitimate clones. In the worst case people actually die in their sleep because the shoddy li-ion battery cell erupts in flames.
Everyone suffers from this form of unfair competition.
> Besides, Amazon and Wal-Mart are often (in some retail categories even usually) middlemen for Chinese manufacturers.
Indeed, but at least Wal-Mart makes rigorous QA for everything they sell in a store (they're known to be especially cut-throat). And Amazon at least gives you your money back no questions asked.
No, but price-driven. That's the point. Temu, Shein and whatnot other "fast fashion" is successful because they are so much cheaper than the competition (who has to pay for shipping, customs, ...), and an ever larger part of Western populations has to struggle financially every single paycheck. Replacing domestic or even mid-quality Chinese clothes with Shein is just like the Boots theory [1].
The problem is, once too much of the lower income bracket falls away on the demand side, anything of higher quality on the producer side doesn't have enough of a market to sustain itself.
Not a "citizen of the world" perspective", but a nationalist perspective.
Currently though temu and schein have a big advantage over Amazon and U.S. retailers because they completely avoid tariffs by shipping direct from China.
citation needed.
Also, Shein is notorious for their sweatshops, forced labor and all sorts of highly unethical business practices. A terrible company that should be destroyed, especially since part of their business model is targeting pre-teen girls with highly manipulative and exploitive content.