DE MINIMIS REMOVED: LESSONS FROM THE US FOR AUSTRALIA

Monday, September 1, 2025

Freight & Trade Alliance (FTA) has enjoyed a long-standing relationship with Kai Lincoln, initially during his tenure as a Director at Seko Logistics and more recently, through e-commerce consultancy company Aggregate Co.

In addition to being a regular contributor to our Across Borders publication, Kai played a pivotal role in supporting FTA's engagement with the Federal Government, which ultimately secured an important deferred date of 1 July 2017 for the collection of GST on low value goods - providing industry the necessary time for a successful implementation. 

US REMOVAL OF DI MINIMIS

In the lead up to last week's removal of the low value di minimis in the United States, Kai wrote a compelling article in Across Borders (Annual Review 2025 - pages 52 & 53) titled 'How Trump has Triggered a Paradigm Shift for Australian E-commerce'.

Picking up on the main themes of this article, I was fortunate to again partner with Kai in an interview by international media organisation Viory - recording available HERE (duration 5mins 41sec).

This approach also became the foundation of the below FTA statement that received extensive mainstream media attention. 

FTA MEDIA RELEASE

"The writing was on the wall as early as last year, when in the lead-up to the presidential election Donald Trump flagged that, if elected, he would impose tariffs — and it was always likely this would extend to e-commerce goods. What was unknown until recently were the finer details and technical specifications, leaving incredibly short implementation timeframes. While some logistics providers anticipated and prepared for the changes, postal authorities globally have been caught short, with insufficient time to adapt. Australia Post is expected to resume operations soon once the technical requirements are met.
 
While the likes of FedEx, UPS and our freight forwarding members specialising in e-commerce have adapted to the new regulations, the bigger issue is the impact of tariffs on trading models. By applying tariffs at the retail sale price rather than the wholesale or manufactured cost, the US Government's removal of the de minimis threshold strips away the cost advantage of low-value cross-border transactions that previously entered duty-free.
 
This will inevitably force many retailers to pivot from direct-to-consumer e-commerce into more conventional logistics models — buying in bulk, holding stock in US warehouses, and fulfilling orders domestically. Under this model, tariffs apply at the lower manufactured cost instead of the higher consumer sale price. Large retailers will be able to adapt and prosper under this new environment. In contrast, even once Australia Post resumes operations, the policy will have devastating impacts on smaller retailers and manufacturers that previously relied on the benefits of de minimis arrangements.
 
While designed to address revenue leakage and strengthen enforcement, the measure risks higher costs and complexity across global supply chains. For Australian traders, it highlights the urgent need for modernised border systems and smarter facilitation measures to manage compliance efficiently while maintaining competitiveness.
 
Freight & Trade Alliance (FTA) will continue to engage with government and industry to ensure lessons from the US are considered in shaping Australia's border and biosecurity policy."

FTA MEDIA COVERAGE

26 August 2025: Australian Financial Review - Australia Post pauses service to US amid Trump tariff changes
26 August 2025: WA Today - 'Utterly insane month': Australia Post suspends business parcel shipments to US in tariff fallout
26 August 2025: The Australian - US tariffs force Australia Post to impose delivery freeze
27 August 2025: NIKKEI Asia - Asia postal services halt US-bound items after Trump customs changes

Links to articles and other media available HERE

IMPACTS FOR AUSTRALIA

As well as collecting additional revenue associated with increased tariffs, a key rationale for requiring formal declarations for all cargo in the United States was to provide Customs and Border Protection with additional data to target prohibited imports such as fentanyl.

Similarly, Australian border and biosecurity agencies have acknowledged the challenges and risks of processing low-value goods with limited data. Currently, such goods are exempt from import declarations and are instead reported through the Self-Assessed Clearance (SAC) pathway. To offset the cost of managing this workload, the Department of Agriculture, Fisheries and Forestry (DAFF) introduced a 36-cent charge per SAC on 1 October 2024 - refer HERE.

NOTE: This was subsequently indexed to 37 cents effective 1 July 2025 - refer HERE.

FTA ADVOCACY

On 10 December 2024, FTA formally wrote to DAFF and Australian Border Force (ABF) recommending a controlled trial, through the Regulatory Sandbox, including an alternative reporting model for low-value goods. This model would give both agencies access to significantly richer data and potentially provide participating businesses reduced cost recovery charges aligned to their lower risk profile.

While this approach may initially appear to reduce the total level of cost recovery, FTA anticipates the broader impact will be revenue-neutral or positive over time. Higher levels of participation would drive down DAFF's processing costs, improve resource allocation, and reduce intervention rates on compliant cargo.

FTA was privileged to formally present this concept at the National Committee for Trade Facilitation (NCTF) on 9 April 2025.

On 27 May 2025, DAFF responded:

"Your proposal for improved reporting, along with other options to meet the outcomes we need, is being considered to determine the most efficient way to enable a more modern information environment. I look forward to continuing to engage with you on this important agenda."

FTA will continue to lead advocacy for broader cost recovery reform. Our goal is to minimise cross-subsidisation of charges, deliver fairer and more transparent charging mechanisms, and create strong incentives for businesses to adopt best practices in reporting and supply chain integrity.

FTA will continue to keep members up to date with these developments.

Paul Zalai - Director FTA / Secretariat APSA