Retail
Direct-to-Consumer Brands Grapple with Uncertainty as De Minimis Loophole Delayed
2025-02-13

The recent policy changes and delays surrounding the de minimis loophole have left direct-to-consumer (DTC) brands in a state of uncertainty. After the Trump administration temporarily reversed its decision to close this tax exemption, businesses are struggling to adapt to the rapidly shifting landscape. Many Canadian brands, in particular, are feeling the strain as they face potential tariffs and logistical challenges. The delay has created both opportunities and obstacles for these companies as they reassess their supply chains and business strategies.

Since the announcement of the de minimis closure, numerous DTC brands have been forced to reconsider their operations. For instance, Victoria Emerson, a Canadian jewelry brand, had to halt its sales promotions and advertising campaigns due to concerns about increased costs. Jamie Ferguson-Woods, the founder of Victoria Emerson, noted that moving the company's warehouse to the United States might be necessary to maintain profitability. However, such a move requires significant planning and resources, especially for smaller enterprises.

The uncertainty surrounding the de minimis loophole has also affected logistics and inventory management. During the brief period when the loophole was closed, more than a million packages piled up at John F. Kennedy International Airport in New York. This backlog prompted an urgent meeting between Customs and Border Protection (CBP) and logistics professionals. While the administration has paused the repeal of de minimis, no clear timeline has been provided for its eventual removal, leaving brands unsure about how to proceed.

For Katherine Homuth, CEO of Sheertex, a Canadian tights manufacturer, the situation is particularly challenging. Nearly half of her company's revenue comes from shipments to the US under the de minimis exemption. When the executive order on tariffs was issued, Sheertex had to lay off 40% of its workforce temporarily. Although the delay provides some breathing room, it also increases uncertainty, making long-term planning difficult. Homuth emphasized that the lack of a definitive timeline complicates efforts to adjust supply chains and manage costs effectively.

The fluctuating trade policies have not only impacted Canadian brands but also those operating across North America. Tariffs on goods from Canada and Mexico were delayed by a month, adding another layer of complexity to business planning. Additionally, the US Postal Service briefly announced it would stop accepting parcels from China and Hong Kong before reversing the decision within 24 hours. These rapid changes highlight the unpredictable nature of current trade relations and the challenges faced by DTC brands in maintaining stability.

In response to these uncertainties, many brands are exploring various strategies to mitigate potential losses. Some are considering consolidating warehouses or shifting production to different countries. ThirdLove, a DTC bra brand, is evaluating whether to centralize its operations in either Canada or the US, depending on the future status of Section 321. Meanwhile, Juliana Casale, owner of Balloon, a seltzer brand, faces reduced profits due to potential tariffs. She must now decide whether to lower shipping costs or absorb more expenses herself, all while dealing with limited profit margins.

The ongoing delays and policy shifts provide a temporary reprieve for DTC brands but also introduce new challenges. As businesses navigate this uncertain environment, they must remain adaptable and proactive in addressing the evolving trade landscape. Despite the difficulties, these companies continue to seek innovative solutions to ensure their sustainability and growth in the face of changing regulations.

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