On April 9, 2025, President Trump announced either a 90-day pause on reciprocal tariffs or a reduction of 10% for all countries “in negotiations,” except for China. As to China, tariffs are being increased, including on de minimis shipments. We are awaiting details on the applicability of the pause or reduction and will update this page when further information is available.

The new Trump administration has generated much uncertainty with dramatic shifts in U.S. trade policy, particularly around tariffs. Traditionally, tariffs have been imposed to address threats to domestic industries, respond to violations of trade agreements, and to counteract discrimination against U.S. commerce. Tariffs for reasons of national security, issued under Section 232 of the Trade Expansion Act of 1962, were relatively rare and narrow until 2018. Under the “America First Trade Policy,” the new administration has tied tariffs more closely to national security priorities, expanded the use of tariffs to address a wider variety of foreign policy issues, and intends to use tariffs to attempt to balance the value of U.S. exports with U.S. imports.

Tariff policy has changed rapidly as it is used as a foreign policy tool: as other countries react, announced tariffs have been delayed or rescinded before implementation in some cases, but in other cases tariffs have escalated due to retaliation. For some of the new rules – such as the elimination of the “de minimis” exception to tariffs for goods from certain countries – the administration has had to delay implementation due to a lack of resources. Because the administration is using novel mechanisms to introduce tariffs without congressional action, domestic litigation is likely. In the current environment, up-to-date, industry- and country-specific advice is a must.

Pierce Atwood’s cross-disciplinary Tariff Strategy group includes attorneys with expertise across a range of legal issues and industries, combined with a deep understanding of the foreign policy issues driving administration moves. Our Tariff Strategy team provides up-to-date and practical advice regarding the impact of tariffs on international trade compliance, energy transactions, tax and transfer pricing, technology, and financial services to help clients manage the rapid changes.

As tariff policy has been changing quickly, please check back regularly for updates.

Areas of Expertise

Whether you are an established company investigating opportunities outside of our borders, or engaged in a financing or acquisition, our corporate attorneys are well positioned to advise on the policy landscape and specific ways in which foreign affairs and trade policy could impact your business plan. Our mergers and acquisitions and private companies finance teams work with diverse clients both as lead and local counsel in cross-border transactions of every size and nature. We combine this focus on good business outcomes with deep experience in the applicability of complex regulation to transactions, including CFIUS and HSR clearance, and pride ourselves on guiding our clients through often difficult regulatory processes with a focus on closing the transaction as efficiently and effectively as possible.

Pierce Atwood’s energy attorneys regularly advise clients with respect to the impacts of tariffs on energy contracts including power purchase agreements, natural gas and liquified natural gas supply agreements, and transmission service agreements. Additionally, attorneys in our Washington, DC office have significant experience advising energy industry sectors such as transformer manufacturers on the impact of impending tariffs and associated supply chain disruptions, and representing their interests in trade discussions with federal policymakers.

Our team has extensive expertise with federal regulatory and enforcement agencies as well as with compliance with trade laws and regulations. We also have a strong background in the ties between foreign affairs and trade policy as well as transnational issues such as retaliatory trade actions, blocking statutes, and harmonization. With experience with the Department of Commerce (including the Bureau of Industry and Security), Department of Homeland Security (including Customs and Border Protection), Department of State, U.S. Trade Representative, and Department of the Treasury (including the Office of Foreign Assets Control), Pierce Atwood is well-positioned to help you in complying with tariffs and international trade law. We assist clients with matters including: classifying exports and imports under the Harmonized System Codes (HS/HTS), Commerce Control List (CCL/ECCN), and International Traffic in Arms Regulations (ITAR); adopting appropriate screening systems for sanctions, export control, and other trade restrictions; drafting protective contract language for resellers, distributors, and suppliers; designing, implementing, and upgrading trade compliance programs; and minimizing the risks of enforcement actions such as fines, seizures, and investigations. Should the worst happen, our team has deep experience in addressing enforcement actions ranging from audits to seizures to criminal investigations.

In addition, our team has notable foreign policy experience to assist in preparing for what might come next, both from the U.S. and from other countries responding to the new tariffs. Tariffs sit at the intersection of a range of foreign policy and national security priorities and authorities, and our close watch on international developments will help you “future proof” for what might be next.

Our tax attorneys stand ready to advise companies on the tax implications of corporate mergers and acquisitions, including corporate restructurings, consolidations and spinoffs, to minimize tariff impacts. Our team is also uniquely positioned to assist companies in evaluating the transfer pricing strategies and policies for price-setting of cross-border transactions between affiliates for potential tariff mitigation. This includes reviewing and analyzing tax issues associated with supply chains, assisting with corporate policies in documenting transfer pricing decisions and policies, and identifying opportunities to restructure intercompany transactions.

Moreover, our tax attorneys regularly advise clients on the business and tax impacts of establishing a U.S. subsidiary, including tax optimization through transfer pricing policies and tax treaty benefits, reduced cost and increased operational control, and easier access to U.S. markets.