Mercado | Insights | De minimis non curet lex

Insight: De minimis non curet lex

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First Things First

Insight: De minimis non curet lex

March 15, 2023

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Every week, Mercado CEO Rob Garrison pens his latest learnings from the supply chain industry as part of an on-going series. Each article aims to share a little insight into what's going on that week, and to help foster discussion amongst industry professionals across levels, geographies, and companies.
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'De minimis non curet lex', from Latin roughly translated means 'the law does not concern itself with trivial matters'.
In the context of US import regulations, De Minimis applies to shipments with a value of less than $800 purchased by one person in one day. Shipments less than $800 under these conditions are exempt from any duties. This law goes back to 1930, and seems to originally have been intended for immigrants shipping personal effects to loved ones abroad. Until 2016, the allowable amount was $200, however US Customs has since increased that amount to $800.

Why does it matter? Ecommerce has made leveraging this provision much easier to accomplish. In fact, enterprising companies can take orders via eCommerce, combine them into a consolidated entry at origin, then distribute them to clients using De Minimus in order to keep product costs low. In this great article by Alexandra Wexler of The Wall Street Journal, she highlights concerns being raised in S Africa that this practice unfairly hurts local manufacturers.

Curious to hear how others view this issue. Unfair, or a natural progression of trade in the modern era?

Related, check out my recent post on LinkedIn on the future of global trade. My prediction is that what Amazon did for the final mile will be coming soon to the first mile. I predict it will occur in the next three years, but in some ways it's already happening.
Mercado | Insights - The $2.8T international supply chain visualized
"In an 'ideal' world, an importer would have at least one backup country, and one back up supplier for every critical product... All of this sounds good on paper, however it's actually incredibly difficult in practice."
One key reason is the dominance of China. Many importers are concerned about China as a sourcing point due to increasing tensions between the countries. However, the reality is that China dominates mfg in Asia, and they are very good at it.

As a result, quitting China is hard, as you will see in the excellent analysis below by Rita Rudnik.

A second reason is much more mundane. Most importers lack a robust database of their suppliers, and their supplier's suppliers. On the surface this sounds ridiculous, however we have gone through decades of 'predictable' supply chains where this wasn't a priority. Using the example above, most of the bike importers I spoke to were simply not aware of how reliant their suppliers were on Shimano.

My guidance to all importers is to address this database issue quickly. Beyond resiliency, knowing a lot about who makes your products, and who makes their parts, is also critical for understanding things like cost, ESG, and sales.

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About the author

Rob Garrison, Mercado CEO

Rob Garrison

A highly accomplished Global Supply Chain executive with 25 years of experience, Rob Garrison has provided strategic vision and leadership to Fortune 500 companies. Rob has an impressive history of building agile, technology-enabled supply chains, and he has an established track record of forging high-growth partnerships, positioning organizations for success and launching innovative technology solutions that significantly improve end-to-end supply chain efficiencies.

Rob is currently CEO and founder of Mercado Labs.
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