At a Zoom status hearing on Wednesday, the FTC officially asked US District Judge John Chun to delay the trial. According to the FTC’s attorney, Jonathan Cohen, the agency needs two months to prepare beyond the September 22 start date, blaming recent “staffing and budgetary shortfalls” stemming from the Trump administration’s Department of Government Efficiency (DOGE), CNBC reported.
“We have lost employees in the agency, in our division, and on our case team,” Cohen said, explaining that “there is an extremely severe resource shortfall in terms of money and personnel,” Bloomberg reported. Cuts are apparently so bad, Cohen told Chun that the FTC is stuck with a $1 cap on any government credit card charges and “may not be able to purchase the transcript from Wednesday’s hearing,” Bloomberg reported.
Further threatening to scramble the agency’s trial preparation, the FTC anticipates that downsizing may require a move to another office “unexpectedly,” Cohen told Chun.
Amazon does not agree that a delay is necessary. The e-commerce giant’s attorney, John Hueston, told Chun that “there has been no showing on this call that the government does not have the resources to proceed to trial with the trial date as presently set.”
The Biden administration has proposed rules that could make it more costly for Chinese e-commerce platforms like Shein and Temu to ship goods into the US.
In his announcement proposing to crack down on “unsafe, unfairly traded products,” President Joe Biden accused China-founded e-commerce platforms selling cheap goods of abusing the “de minimis exemption” that makes shipments valued under $800 duty-free.
Platforms taking advantage of the exemption can share less information on packages and dodge taxes. Biden warned that “over the last 10 years, the number of shipments entering the United States claiming the de minimis exemption has increased significantly, from approximately 140 million a year to over 1 billion a year.” And the “majority of shipments entering the United States claiming the de minimis exemption originate from several China-founded e-commerce platforms,” Biden said.
As a result, America has been flooded with “huge volumes of low-value products such as textiles and apparel” that compete in the market “duty-free,” Biden said. And this “makes it increasingly difficult to target and block illegal or unsafe shipments” presumably lost in the flood.
Allowing this alleged abuse to continue would not just hurt US businesses like H&M and Zara that increasingly struggle to compete with platforms like Shein and Temu, Biden alleged. It would also allegedly make it “more challenging to enforce US trade laws, health and safety requirements, intellectual property rights, consumer protection rules, and to block illicit synthetic drugs such as fentanyl and synthetic drug raw materials and machinery from entering the country.”
Raising duties could make cheap goods shipped from China more expensive, potentially raising prices for consumers who clearly flocked to Shein and Temu to fulfill their shopping needs as the pandemic strained families’ wallets and the economy.
Specifically, Biden has proposed to exclude from the de minimis exemption all shipments “containing products covered by tariffs imposed under Sections 201 or 301 of the Trade Act of 1974, or Section 232 of the Trade Expansion Act of 1962.” That would include, Biden specified, “some e-commerce platforms and other foreign sellers” that currently “circumvent these tariffs by shipping items from China to the United States” and “claiming the de minimis exemption.”
New rules would also require e-commerce platforms to share more information on shipments, “including the 10-digit tariff classification number and the person claiming the de minimis exemption.” That would help weed out unlawful de minimis shipments, Biden suggested.
Shein and Temu defend business models
Neither Shein nor Temu seem ready to let the proposed guidance slow down their rapid growth.
“Since Temu’s launch in September 2022, our mission has been to offer consumers a wider selection of quality products at affordable prices,” Temu’s spokesperson told Ars. “We achieve this through an efficient business model that cuts out unnecessary middlemen, allowing us to pass savings directly to our customers.”
Temu’s spokesperson told Ars that the company is currently reviewing the new rule proposals and remains “committed to delivering value to consumers.”
“Temu’s growth does not depend on the de minimis policy,” Temu’s spokesperson told Ars.
Shein similarly does not seem fazed by the announcement. Starting this year, Shein began voluntarily sharing additional information on its low-value shipments into the US as part of a US Customs and Border Protection (CBP) pilot program. That change came after CBP expanded the pilot last year in its mission to test out ways to “identify and target high-risk shipments for inspection while expediting clearance of legitimate trade flows.”
Shein’s spokesperson told Ars that “Shein makes import compliance a top priority, including the reporting requirements under US law with respect to de minimis entries.”
Last year, Shein executive vice chairman Donald Tang proposed what he thought would be good de minimis reforms “to create a level, transparent playing field.” In a letter to an American trade association representing more than 1,000 famous brands, the American Apparel and Footwear Association, Tang called for applying the same rules evenly, no matter where a company is based or ships from.
This would enhance consumer trust, Tang suggested, while creating “an environment that allows companies to compete on the quality and authenticity of their product, the caliber of their business models, and the performance of their customer service, which has always been at the heart of American enterprise.”
