There are plenty of things where Temu charges $2.00 and I would be fine paying a 120% tariff on that to bring it to $4.40, because Amazon is charging $8.99 and retailers are selling a seventy pack for $30.
But I would not be fine paying a $100 tariff to bring it to $102.
Am I, in fact, going to be hit with a $100 tariff on a $2 item ($2+$100=$102) or a $2.40 tariff ($2*1.2=$4.40) ?
I am looking for language like "Whichever is greater" in the announcement and I'm not seeing it. Do importers choose which to go with? Do customs? It looks like before, shipments below $800 were exempt of all tariffs under the "De Minimis exemption", and that exemption is going away, but I'm still not clear on how the rest of this works.
In the EO language there is no "whichever is greater", the shipping company picks (note this all specifically for de minimis, <$800 value, packages).
In EO 14256:
> Transportation carriers delivering shipments to the United States from the PRC or Hong Kong sent through the international postal network must collect and remit duties to CBP under the approach outlined in either subsection (c)(i) or subsection (c)(ii) of this section. Transportation carriers must apply the same duty collection methodology to all shipments; however, transportation carriers may change their collection methodology once a month or on such other periodic timeframe as CBP determines appropriate, upon providing 24-hour notice to CBP.
(c)(i) is Ad Valorem Duty and (c)(ii) is Specific Duty
Back when the tariff was first announced I remember seeing a whitehouse.gov announcement saying it was 30% with a $25 minimum per package. I can't find that but the [newest Fact sheet](https://www.whitehouse.gov/fact-sheets/2025/04/fact-sheet-pr...) dated 4/2/25 just has the vaguely worded "either / or".
Your question is so simply put it seems like there should be an easy answer but it seems like there's a lot of interpretations on what's going to happen. It's possible that all of these sources were true on the day they were posted but the rules are continuously changing.
There are plenty of things where Temu charges $2.00 and I would be fine paying a 120% tariff on that to bring it to $4.40, because Amazon is charging $8.99 and retailers are selling a seventy pack for $30.
But I would not be fine paying a $100 tariff to bring it to $102.