With the announcement on Wednesday, April 2, of the increase in United States tariffs, a new battle is underway for businesses worldwide, which will seek to minimize the additional costs. "Following Brexit and then sanctions against Russia, the rise in import taxes will elevate customs issues much higher in the priorities of companies," said Alexandre Celse, a lawyer at the Arsene law firm. After logistics were brought back into the spotlight by the Covid-19 pandemic and its congested ports, customs management is now set to play an increasing role in companies' competitiveness.
These companies can draw inspiration from famous bypass methods that have already been proven. For example, the trade publication Gazetc discovered in 2010 that the brand Converse added a layer of felt to the soles of its sneakers to categorize them as slippers, which are subject to much lower tariffs than sports shoes (6% versus 20%).
Columbia Sportswear sewed pockets below the waistline of certain women's blouses so they were not technically classified as blouses, allowing them to benefit from a 16% tariff rate instead of 26.9%. "I have a whole team of people that work with together with the designers and developers and merchandisers and with customs, actually, and to ensure that during the design process that we’re considering the impact of tariffs," said Jeff Tooze, vice president of customs and global trade at Columbia Sportswear, to the specialized information site Marketplace.
Customs regulations read like insurance contracts. Often, exceptions are found in the footnotes or appendices. If they are misinterpreted, the penalties can be severe. In March 2024, the US Department of Justice imposed a $365 million fine on the American manufacturer Ford for bringing its Transit Connect pickups, assembled in Turkey, into the US as passenger vehicles simply by installing rear seats. It is prudent for a product designer to be accompanied by a lawyer. Generally, the tariff level of a product varies depending on its geographic origin, its customs classification, and finally, its declared price at customs.
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