How New U.S. Tariffs Are Reshaping Import Compliance: Legal Risks and Strategies for Importers

By Whittier Law Group — Business-Focused Trade Compliance Attorneys

Introduction: Why Importers Need Legal Guidance Now More Than Ever

The U.S. government’s recent announcement of the “Liberation Day” tariffs has sent shockwaves through the global supply chain. With a new universal 10% tariff on most imports, a sharp increase to 125% tariffs on goods from China, and the elimination of the long-standing $800 de minimis duty-free threshold, the legal landscape for importers is rapidly evolving.

If your business imports products into the United States, these regulatory changes could significantly impact your cost structure, supply chain decisions, and compliance obligations. At Whittier Law Group, our experienced trade compliance attorneys help importers understand these risks and develop actionable strategies to mitigate their legal exposure.

Top Legal Issues Importers Must Address Under the New Tariff Rules

✅ 1. Contract Risk: Are You Protected Against Unexpected Tariff Costs?

Many importers operate under long-term supplier contracts that do not account for sudden tariff increases. Without price adjustment clauses, your company could be forced to absorb these new costs.

Legal Tip:
Have a qualified business arbitration lawyer or import compliance attorney review your supply contracts for provisions that allow renegotiation or termination in response to tariff changes. Adding clear tariff allocation language can help avoid costly disputes.

✅ 2. Customs Valuation, HTS Classification, and Audit Exposure

The stakes for accurate tariff classification and proper customs valuation have never been higher. Incorrect product coding or undervaluation can trigger penalties under 19 U.S.C. § 1592 for customs fraud or negligence.

Legal Tip:
Conduct a thorough customs compliance audit with legal oversight. Confirm your products are correctly classified under the Harmonized Tariff Schedule (HTS) and that your import documentation is accurate and defensible.

✅ 3. Bonded Warehousing and Foreign Trade Zone (FTZ) Strategies

The new tariff environment has created strong demand for bonded warehouses and FTZ programs, where importers can legally defer or reduce duties. These options provide flexibility for companies needing time to evaluate whether to sell domestically or export.

Legal Tip:
Our team can assist with FTZ applications, bonded warehouse structuring, and compliance planning to maximize duty savings while staying compliant with U.S. Customs regulations.

✅ 4. Restructuring Your Supply Chain: Legal Considerations for New Sourcing Regions

Shifting production or sourcing away from China toward Southeast Asia, Latin America, or Mexico may reduce tariff exposure—but it introduces new legal risks related to contract law, jurisdiction, and dispute resolution.

Legal Tip:
Ensure your new vendor contracts include enforceable choice-of-law provisions, arbitration clauses, and clear definitions of liability. Our international contract dispute lawyers can help draft or revise these agreements to protect your interests.

✅ 5. Tariff Engineering: Smart Legal Planning for Product Structuring

Tariff engineering—the lawful design or assembly of products to qualify for lower tariff categories—remains a powerful, but legally sensitive, strategy. However, the approach must be carefully vetted to avoid misclassification penalties.

Legal Tip:
Consult with our import law attorneys to explore tariff engineering opportunities that comply fully with U.S. customs law while reducing your duty burden.

✅ 6. Heightened Enforcement: Are You Prepared for Customs Audits or Penalty Actions?

CBP (Customs and Border Protection) and the Department of Commerce are expected to increase enforcement actions under these new tariff rules. Anti-dumping (AD), countervailing duties (CVD), and false declaration claims are likely to rise.

Legal Tip:
Implement a trade compliance program and consider scheduling a legal compliance review. Our team offers proactive strategies to help importers avoid enforcement actions before they happen.

✅ Get Legal Help: Don’t Let Tariffs Disrupt Your Business

The new tariff regime is not just a financial issue, it’s a legal compliance challenge. Poor planning or failure to adjust your contracts, sourcing strategy, or customs procedures could expose your business to severe penalties, delays, or supply chain breakdowns.

At Whittier Law Group, we provide:

Import contract reviews and renegotiation
Customs valuation and HTS classification audits
Bonded warehouse and FTZ legal support
Tariff mitigation and tariff engineering advice
Representation in customs disputes and penalty actions

Schedule a Consultation Today

If your company is concerned about the impact of the new tariffs on your import operations, contact Whittier Law Group to speak with an experienced trade compliance attorney. We can help your business stay competitive while managing risk in this volatile trade environment.

📞 Call us today or 📧 Schedule an online consultation to discuss your specific situation.

Whittier Law Group
Trusted Counsel for International Trade, Customs Compliance, and Tariff Mitigation