Our Tariff Task Force is ready to guide you through the rapidly evolving tariff rules, enforcement actions and mitigation strategies.
Importers and foreign manufacturers look to BakerHostetler for advice on compliance with U.S. laws and regulations pertaining to tariffs, customs and imports. We also help clients understand and comply with requirements for the proper classification, valuation and marking of goods upon importation into the U.S. We counsel them on country of origin, application of free trade agreements and supply chain planning that may affect their exposure to customs duties and tariffs, and defend their interests in responding to inquiries, investigations, audits, penalty proceedings and litigation conducted by U.S. Customs and Border Protection (CBP), as well as class action litigation related to tariff refunds.
Tariff enforcement has traditionally been handled as a civil matter under CBP’s authority. Some cases of tariff evasion have also been brought under the False Claims Act. Given the centrality of tariffs in the new administration’s broader economic, immigration and national security agendas, it is likely that the U.S. Department of Justice will be tasked with additional criminal enforcement of tariff evasion to punish egregious instances of wrongdoing and to provide a powerful general deterrent to both U.S. and foreign businesses.
Our team includes practitioners with experience representing and defending companies in a variety of industries in front of government bodies, including CBP, the Office of the U.S. Trade Representative, the U.S. International Trade Commission and the Department of Commerce. We have defended clients subject to antidumping and countervailing duties, Section 232 national security tariffs, Section 301 China tariffs, Section 201 safeguard measures and other special trade remedies.
Our Tariff Task Force also includes litigators who actively defend class actions and multi-district litigation, including significant experience defending pricing and fee class actions. We are monitoring and involved in defending the wave of consumer class actions filed in jurisdictions across the country seeking refunds and reimbursements on theories that the tariffs were passed on to consumers through increased prices or separate line-item surcharges. This rapidly developing litigation trend affects a broad range of companies, including e-commerce, logistics and shipping companies, mass and specialty retailers, consumer products and brands, distributors, and essentially any U.S. importer of goods.
Be sure to refer to this page for up-to-date information about tariffs that can affect your business. Contact the Tariff Task Force at tariffs@bakerlaw.com with any questions you may have.
