U.S. Congresswoman Kimberlyn King-Hinds on Tuesday asked the Department of Homeland Security for clarification on the implementation of President Donald Trump’s Executive Order 14324, specifically how it applies to the CNMI.
EO 14324 suspends duty-free de minimis treatment for all countries, ending the exemption for low-value imports.
In her letter to DHS Secretary Kristi Noem, King-Hinds noted that under an agreement between the U.S. Postal Service, U.S. Customs and Border Protection, and a third-party service provider, CNMI residents may be required to file additional information through a third-party application before sending shipments via USPS. This is to ascertain the amount of tariff charges that would apply to their parcels.
While the Commonwealth has not received official confirmation of this requirement, King-Hinds told Noem it raises significant issues stemming from the CNMI’s status as a U.S. territory situated outside the customs territory but fully within U.S. sovereignty, as established in the Covenant, which made the CNMI part of the United States.
King-Hinds noted that Section 3 of the EO outlines duty rates for international postal shipments, tying them to the tariff rate of the country of origin. The CNMI, however, is not a foreign country and has never been assigned such a tariff rate. She asked Noem on what basis CNMI-origin postal shipments were being assessed.
She also noted that U.S. tariff law provides protection to goods shipped from the U.S. to its territories and asked how CBP intends to ensure these protections are honored under the EO. In particular, she requested clarification on mechanisms to prevent CNMI residents from being assessed duties a second time on goods already cleared upon initial entry into the customs territory.
King-Hinds further cited Section 703(b) of the Covenant, which requires that proceeds from all customs duties in the CNMI be paid into its own treasury for the benefit of its people. She asked whether the EO’s implementation ensures any duties collected from CNMI shipments are properly tracked, accounted for, and remitted to the CNMI government.
Her office also observed that products manufactured in the CNMI were being assigned tariff charges in the third-party application. This, she said, contradicts law. Under Headnote 3(a) of the Harmonized Tariff Schedule and Section 603(c) of the Covenant, CNMI-made goods meeting the value-content requirement are entitled to duty-free treatment when entering U.S. Customs territory. Assessing duties on such products indicates a fundamental error in applying the EO to territorial shipments, she said, and she requested that CBP ensure CNMI goods continue to receive the legally guaranteed tariff treatment.
King-Hinds also noted that the International Emergency Economic Powers Act or IEEPA was invoked as authority for suspending de minimis treatment to address national security threats outside the U.S., including illicit drug trafficking and unfair trade practices. The CNMI, however, she stressed, is part of the U.S. and cannot constitute a foreign threat under IEEPA. She asked whether DHS views including CNMI- or Guam-origin shipments under the EO as an oversight, and if not, “what is the legal basis for doing so?”
She added that the EO refers to shipments “to the United States” and does not expressly mention U.S. territories or “insular possessions” outside the customs territory. By contrast, tariff statutes and regulations typically identify insular possessions explicitly. The EO’s reference to products of all countries creates ambiguity for CNMI-origin goods, which are not products of a foreign country.
King-Hinds asked Noem to clarify whether the EO was intended to cover shipments originating in the CNMI and Guam, and if so, to identify the specific provision that brings territorial-origin shipments within its scope. If not, she requested confirmation that such shipments will continue to be treated consistent with existing law.
“Reliable and fair postal services are vital to daily life in the CNMI, serving families, businesses, and government operations,” King-Hinds said. “We trust DHS shares this understanding and will ensure that EO 14324 is implemented in a way consistent with the Covenant and U.S. tariff law.”
