De Minimis Exception in Trade

Concept International Trade Preferred

Threshold below which a trade rule, duty or remedy does not apply because the amount is too small.

Independent referenceNot an official or legal definition
Sources citedSee the sources at the end of this page
Status Under reviewLast updated 11 October 2026
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Definition

In plain language

A de minimis exception means that very small amounts, such as low-value parcels or tiny subsidies, are exempt from duties or from a rule. The size limit is set in the relevant law or agreement.

Academic definition

De minimis thresholds appear in several WTO agreements: Article 7(8) of the Trade Facilitation Agreement (which entered into force in 2017) encourages members to set a shipment value or dutiable amount below which no duties or taxes are collected on express shipments, Article 5.8 of the Anti-Dumping Agreement terminates an investigation where the dumping margin is below two per cent of the export price, and Article 6.4 of the Agreement on Agriculture exempts product-specific domestic support below five per cent of the value of production for developed countries. Domestic customs laws set their own thresholds, which vary widely and have become contentious with growth of cross-border e-commerce.

Classification

Term type
Concept
Category
International Trade
Subject field
International Trade Law
Subfield
Customs and Trade Remedies
Difficulty level
Advanced
Grammatical category
Latin adjectival phrase

Language variants

Alternative terms
  • de minimis rule
  • de minimis threshold
  • low-value shipment exemption
Non-preferred terms
  • not_applicable
Abbreviations
  • not_applicable
Acronyms
  • not_applicable
Native terms
  • de minimis (Latin, 'of the least')
Transliteration
not_applicable
Pronunciation
day MIN-ih-miss

Context

Legal effect: Binding

Scope

Covers thresholds that exempt small amounts from trade rules; broader exceptions such as general exceptions under GATT Article XX and safeguard measures are different.

Legal context

WTO Trade Facilitation Agreement Article 7, Anti-Dumping Agreement Article 5.8, Agreement on Agriculture Article 6.4 and Subsidies Agreement Article 27.10; national customs laws set thresholds for low-value shipments.

Diplomatic context

States negotiate thresholds in trade agreements and some debate whether to lower them to address parcel flows and revenue loss.

Institutional context

Applied by national customs authorities and investigating authorities, and referenced in WTO committees on trade facilitation.

Historical context

The Latin maxim 'de minimis non curat lex' is old, and thresholds in trade law grew in the Uruguay Round agreements of 1994.

Why it matters

Thresholds decide whether small consignments and small subsidies fall inside the rules, which matters for e-commerce and for developing countries.

Usage

Register: Legal

Usage note

State the specific rule being referred to, since each de minimis threshold has its own value and subject matter.

Example

Parcels below the de minimis threshold entered the country without customs duties.

Example scenario

State A exempts imports under a set value from duties and taxes. As online orders surge, State A reviews the threshold, weighing lost revenue against the cost of clearing millions of small parcels.

Common misuse

Treating de minimis as a single global threshold; each agreement and each national law sets its own.

Not to be confused with

  • General exceptions (GATT Article XX)
  • Safeguard clause
  • Tariff-rate quota

Sources

  1. WTO Agreement on Trade Facilitation (2014), World Trade Organization, Article 7. wto.org
  2. Official definition. not_found_in_source
  3. Treaty reference. wto.org
  4. Trebilcock, Howse and Eliason, The Regulation of International Trade. not_found_in_source
  5. not_found_in_source. not_found_in_source

Source type: Treaty. Source reliability: Primary.

This entry is an independent reference definition, not an official or legally binding text. Where an official definition exists, it is linked above and is authoritative. Read our methodology.

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