Businesses from Wall Street to main street are struggling to comply with
President Donald Trump’s byzantine tariff regime, driving up costs and
counteracting, for some, the benefits of the corporate tax cuts Republicans
passed earlier this year.
Trump has ripped up the U.S. tariff code over the past year, replacing a
decades-old system that imposed the same tariffs on imports from all but a few
countries with a vastly more complicated system of many different tariff rates
depending on the origin of imported goods.
To give an example, an industrial product that faced a mostly uniform 5 percent
tariff rate in the past could now be taxed at 15 percent if it comes from the EU
or Japan, 20 percent from Norway and many African countries, 24 to 25 percent
from countries in Southeast Asia and upwards of 50 percent from India, Brazil or
China.
“This has been an exhausting year, I’d say, for most CEOs in the country,” said
Gary Shapiro, CEO and vice chair of the Consumer Technology Association, an
industry group whose 1,300 member companies include major brands like Amazon,
Walmart and AMD, as well as many small businesses and startups. “The level of
executive time that’s been put in this has been enormous. So instead of focusing
on innovation, they’re focusing on how they deal with the tariffs.”
Upping the pressure, the Justice Department has announced that it intends to
make the prosecution of customs fraud one of its top priorities.
The proliferation of trade regulations and threat of intensified enforcement has
driven many companies to beef up their staff and spend what could add up to tens
of millions of dollars to ensure they are not running afoul of Trump’s
requirements.
The time and expense involved, combined with the tens of billions of dollars in
higher tariffs that companies are paying each month to import goods, amount to a
massive burden that is weighing down industries traditionally reliant on
imported products. And it’s denting, for some, the impact of the hundreds of
billions of dollars of tax cuts that companies will receive over the next decade
via the One Big Beautiful Bill Act championed by the White House.
“Every CEO survey says this is their biggest issue,” said Shapiro.
A recent survey by KPMG, a professional services firm, found 89 percent of CEOs
said they expect tariffs to significantly impact their business’ performance and
operations over the next three years, with 86 percent saying they expect to
respond by increasing prices for their goods and services as needed.
Maytee Pereira, managing director for customs and international trade at
PriceWaterhouseCoopers, another professional services firm, has seen a similar
trend. “Many of our clients have been spending easily 30 to 60 percent of their
time having tariff conversations across the organization,” Pereira said.
That’s forced CEOs to get involved in import-sourcing decisions to an
unprecedented degree and intensified competition for personnel trained in
customs matters.
“There’s a real dearth of trade professionals,” Pereira said. “There isn’t a day
that I don’t speak to a client who has lost people from their trade teams,
because there is this renewed need for individuals with those resources, with
those skill sets.”
But the impact goes far beyond a strain on personnel into reducing the amount of
money that companies are willing to spend on purchasing new capital equipment or
making other investments to boost their long-term growth.
“People are saying they can’t put money into R&D,” said one industry official,
who was granted anonymity because of the risk of antagonizing the Trump
administration. “They can’t put money into siting new factories in the United
States. They don’t have the certainty they need to make decisions.”
A White House spokesperson did not respond to a request for comment. However,
the administration has previously defended tariffs as key to boosting domestic
manufacturing, along with their overall economic agenda of tax cuts and reduced
regulation.
They’ve also touted commitments from companies and other countries for massive
new investments in the U.S. in order to avoid tariffs, although they’ve
acknowledged it will take time for the benefits to reach workers and consumers.
“Look, I would have loved to be able to snap my fingers, have these facilities
going. It takes time,” Treasury Secretary Scott Bessent said in an interview
this week on Fox News. “I think 2026 is going to be a blockbuster year.”
For some companies, however, any benefit they’ve received from Trump’s push to
lower taxes and reduce regulations has been substantially eroded by the new
burden of complying with his complicated tariff system, said a second industry
official, who was also granted anonymity for the same reason.
“It is incredibly complex,” that second industry official said. “And it keeps
changing, too.”
Matthew Aleshire, director of the Milken Institute’s Geo-Economics Initiative,
said he did not know of any studies yet that estimate the overall cost, both in
time and money, for American businesses to comply with Trump’s new trade
regulations. But it appears substantial.
“I think for some firms and investors, it may be on par with the challenges
experienced in the early days of Covid. For others, maybe a little less so. And
for others, it may be even more complex. But it’s absolutely eating up or taking
a lot of time and bandwidth,” Aleshire said.
The nonpartisan think tank’s new report, “Unintended Consequences: Trade and
Supply Chain Leaders Respond to Recent Turmoil,” is the first in a new series
exploring how companies are navigating the evolving trade landscape, he said.
One of the main findings is that it has become very difficult for companies to
make decisions, “given the high degree of uncertainty” around tariff policy,
Aleshire said.
Trump’s “reciprocal” tariffs — imposed on most countries under a 1977 emergency
powers act that is now being challenged in court — start at a baseline level of
10 percent that applies to roughly 100 trading partners. He’s set higher rates,
ranging from 15 to 41 percent, on nearly 100 others, including the 27-member
European Union. Those duties stack on top of the longstanding U.S. “most-favored
nation” tariffs.
Two notable exceptions are the EU and Japan, which received special treatment in
their deals with Trump.
Companies also could get hit with a 40 percent penalty tariff if the Trump
administration determines an item from a high-tariffed country has been
illegally shipped through a third country — or assembled there — to obtain a
lower tariff rate. However, businesses are still waiting for more details on how
that so-called transshipment provision, which the Trump administration outlined
in a summer executive order, will work.
The president also has hit China, Canada and Mexico with a separate set of
tariffs under the 1977 emergency law to pressure those countries to do more to
stop shipments of fentanyl and precursor chemicals from entering the United
States.
Imports from Canada and Mexico are exempt from the fentanyl duties, however, if
they comply with the terms of the U.S.-Mexico-Canada Agreement, a trade pact
Trump brokered in his first term. That has spared most goods the U.S. imports
from its North American neighbors, but also has forced many more companies to
spend time filling out paperwork to document their compliance.
Trump’s increasingly baroque tariff regime also includes the “national security”
duties he has imposed on steel, aluminum, autos, auto parts, copper, lumber,
furniture and heavy trucks under a separate trade law.
But the administration has provided a partial exemption for the 25 percent
tariffs he has imposed on autos and auto parts, and has struck deals with the
EU, Japan and South Korea reducing the tariff on their autos to 15 percent.
In contrast, Trump has taken a hard line against exemptions from his 50 percent
tariffs on steel and aluminum, and recently expanded the duties to cover more
than 400 “derivative” products, such as chemicals, plastics and furniture, that
contain some amount of steel and aluminum or are shipped in steel and aluminum
containers.
And the administration is not stopping there, putting out a request in
September for further items it can add to the steel and aluminum tariffs.
“This is requiring companies that do not even produce steel and aluminum
products to keep track of and report what might be in the products that they’re
importing, and it’s just gotten incredibly complicated,” one of the industry
officials granted anonymity said.
That’s because companies need to precisely document the amount of steel or
aluminum used in a product to qualify for a tariff rate below 50 percent.
“Any wrong step, like any incorrect information, or even delay in providing the
information, risks the 50 percent tariff value on the entire product, not just
on the metal. So the consequence is really high if you don’t get it right,” the
industry official said.
The administration has also signaled plans to similarly expand tariffs for other
products, such as copper.
And the still unknown outcomes of ongoing trade investigations that could lead
to additional tariffs on pharmaceuticals, semiconductors, critical minerals,
commercial aircraft, polysilicon, unmanned aircraft systems, wind turbines,
medical products and robotics and industrial machinery continue to make it
difficult for many companies to plan for the future.
Small business owners say they feel particularly overwhelmed trying to keep up
with all the various tariff rules and rates.
“We are no longer investing into product innovation, we’re not investing into
new hires, we’re not investing into growth. We’re just spending our money trying
to stay afloat through this,” said Cassie Abel, founder and CEO of Wild Rye, an
Idaho company which sells outdoor clothing for women, during a virtual press
conference with a coalition of other small business owners critical of the
tariffs.
Company employees have also “spent hundreds and hundreds and hundreds of hours
counter-sourcing product, pausing production, restarting production, rushing
production, running price analysis, cost analysis, shipping analysis,” Abel
said. “I spent zero minutes on tariffs before this administration.”
In one sign of the duress small businesses are facing, they have led the charge
in the Supreme Court case challenging Trump’s use of the 1977 International
Emergency Economic Powers Act to impose both the reciprocal and the
fentanyl-related tariffs.
Crutchfield Corp., a family-owned electronics retailer based in Charlottesville,
Virginia, filed a “friend of the court” brief supporting the litigants in the
case, in which the owners detailed its difficulties in coping with Trump’s
erratic tariff actions.
“If tariffs can be imposed, increased, decreased, suspended or altered … through
the changing whim of a single person, then Crutchfield cannot plan for the short
term, let alone the long run,” the company wrote in its brief, asking “the Court
to quell the chaos.”
Tag - Derivatives
BRUSSELS — The European Union has invited U.S. Commerce Secretary Howard Lutnick
to Brussels on Nov. 24 for talks with the bloc’s trade ministers, a Danish
official familiar with the situation told POLITICO.
The Danish presidency of the Council of the EU, as well as the European
Commission, have invited the commerce secretary to attend a lunch with ministers
dedicated to trade relations between the United States and the EU. The
invitation comes as rifts with China over its latest export controls on rare
earths redefine relations between Washington, Beijing and Brussels.
Lutnick hasn’t yet formally confirmed his attendance at the ministerial meeting,
the official added.
The invitation, which has been in the works for months, comes as Brussels and
Washington are still going through the implementation of commitments struck in
Scotland in July between U.S. President Donald Trump and the European Commission
President Ursula von der Leyen. European Commission spokesperson Olof Gill
confirmed the invitation had been extended to Lutnick.
Brussels is still pressing Washington for tariff exemptions on sensitive sectors
such as spirits and chemicals, and has raised concerns about the U.S. expanding
its list of derivative steel products subject to a 50 percent tariff.
EU countries will be informed of the invitation on Friday, with ambassadors set
to discuss it on Nov. 5. It builds upon recent contact between EU trade chief
Maroš Šefčovič and Danish Foreign Minister Lars Løkke Rasmussen, whose country
is currently chairing legislative work for the Council, the bloc’s
intergovernmental arm.
G7 allies are meanwhile seeking to coordinate their responses to China’s grip on
the supply of the minerals that are crucial for tech such as wind turbines,
electric vehicles and drones. The European Commission on Friday is hosting a
delegation of Chinese officials to discuss the latest export controls.
The U.S. Department of Commerce was contacted for comment.
Daniel Desrochers contributed to this report.
Germany’s two banking supervisory agencies have drafted a plan to ease the
burden of regulation on Europe’s smaller banks and are now seeing if it will
fly.
An informal discussion paper drafted by the Deutsche Bundesbank and Bafin —
which share responsibility for supervising German banks — proposes freeing banks
across the EU of the need to report capital ratios based on complex calculations
of the riskiness of their assets, as well as liberating them from various other
obligations.
The proposals are the first concrete result of a drive to simplify regulation
that began earlier this year and are the clearest sign yet that the EU is —
belatedly — ready to undo some of the stifling financial regulation it
introduced over a decade ago.
Regulation is currently based on the global Basel III accords that were agreed
by regulators in 2010, two years after reckless lending by U.S. and European
banks caused the biggest financial crisis in nearly 80 years and a wrenching
recession across most of the world.
Basel III drastically increased the amount of capital and liquidity that banks
have to hold to protect themselves against a possible repeat. But the accords
were aimed primarily at big international institutions whose operations were
capable of destabilizing the global financial system; as the impact of the
2008-2009 disaster has faded, regulators have grudgingly come to accept that
their response went too far.
The U.S., Switzerland and the U.K. have already implemented less intrusive
regimes for smaller banks with simpler business models.
“With the proposal for an EU small banks regime, we have provided important
impetus to the discussions on simplifying the regulatory framework,” Michael
Theurer, the Bundesbank’s head of banking supervision, said in emailed comments,
stressing that the proposal “does not represent a departure from the Basel
framework.”
The framework would be open to banks with less than €10 billion in assets and
with a mainly domestic focus (at least 75 per cent of their business should be
in the European Economic Area). Banks using it would not be allowed to hold any
cryptocurrency assets such as Bitcoin, and would be allowed to hold only minimal
amounts of derivatives or assets for trading purposes. They would also have to
prove that their vulnerability to changes in interest rates is acceptably low.
‘PARADIGM SHIFT’
Under the Capital Requirements Regulation, which applies Basel III in the EU,
banks are generally required to report two capital ratios — one adjusted for
risk, and one unadjusted. The latter, known as the leverage ratio, was
originally intended as a backstop to prevent larger banks from gaming the system
by understating the risks on their books under internal models allowed by the
accords
The German proposals suggest that smaller banks would merely have to report a
leverage ratio, albeit a “significantly higher” one than the present 3 percent.
By comparison, U.S. community banks must keep their leverage ratios above 9
percent, which means they must hold at least $9 of capital for every $100 in
assets. Theurer said the Bundesbank had deliberately refrained from suggesting a
specific ratio at this time.
This idea “is more than a technical detail,” Daniel Quinten, a member of the
board at Germany’s Federal Association of Cooperative Banks, said in a post on
social media. “It would be a paradigm shift — and a chance for more
proportionality, more efficiency and less bureaucracy in regulation.”
The proposals — and the feedback they get — are to be incorporated in a report
that a high-level European Central Bank task force will recommend to the
European Commission at the end of the year. | Florian Wiegand/EPA
The proposals also simplify demands on liquidity coverage. They would exempt
banks from the Basel III Net Stable Funding Ratio — a complex formula for
guaranteeing liquidity over a one-year timeframe — and would replace it with a
new requirement that would limit their lending to only 90 percent of their
deposit base. Banks would also have to keep at least 10 percent of their assets
in highly liquid form, such as cash, central bank reserves or short-term
government debt. This, the discussion paper said, “would achieve similar
potential outcomes with dramatically reduced complexity.”
The proposals — and the feedback they get — are to be incorporated in a report
that a high-level European Central Bank task force will recommend to the
European Commission at the end of the year.
Additional reporting by Carlo Boffa.
BRUSSELS — Ursula von der Leyen played hardball on trade with China in Beijing
last week. Within days, she was rewarded with a trade deal with U.S. President
Donald Trump.
After reaching a handshake deal at the U.S. president’s Turnberry gold resort in
Scotland on Sunday, the European Commission President made clear — without
name-checking China — that Washington and Brussels needed to team up to confront
the competitive threat from the east.
“On steel and aluminum, the European Union and the U.S. face the common external
challenge of global overcapacity,” she said — referring to China’s excess
production of subsidized products such as steel, as well as solar panels or
batteries. When Washington and Brussels “work together as partners, the benefits
are tangible on both sides,” she added.
The EU’s deal with the U.S., which fends off Trump’s threat to raise tariffs on
most EU goods to 30 percent on Aug. 1, came days after von der Leyen met Chinese
President Xi Jinping and Premier Li Qiang in Beijing for what should have been a
celebration, yet ended up being anything but.
Speaking after a one-day EU-China summit — marking the 50th anniversary of
diplomatic relations — von der Leyen said relations between the bloc and China
had reached an “inflection point.”
“Trade must become more balanced,” she said, arguing that the EU will not be
able to keep its markets open to Chinese exports unless Beijing takes decisive
action on the trading relationship.
In her strategy to win over the White House, von der Leyen, a transatlanticist
at heart, has over recent months gradually toughened her stance toward Beijing
— which in return has warned it will retaliate against any country that seals a
trade deal with the U.S.
Ahead of the EU-China summit, expectations for any concrete deliverables on
trade were low, with some EU officials pointing out it was an achievement the EU
and China were meeting at all in the current climate. Right on cue before the
summit, the EU listed two Chinese banks in its latest sanctions against Russia,
leading Beijing to vent its “strong dissatisfaction and resolute opposition” at
a step that it called “egregious.”
In the end, the two sides agreed a mechanism to facilitate the fast-tracking of
licenses for raw materials, something many European companies had complained
about as China tightened its leash on export controls over its rare earth
minerals. Big spats — such as over the EU’s anti-subsidy duties on Chinese
electric vehicles and access to tenders for medical devices — were left
unresolved, however.
EU officials have started referring to China’s negotiation tactics as “the
stinking fish strategy” — in which Beijing manufactures new frictions (aka
stinking fish) that the EU then has to remove through negotiation.
THE ENEMY OF MY ENEMY IS MY FRIEND
The optics could hardly have been more different at the Scottish coast on
Sunday.
Following a meeting that lasted about an hour, von der Leyen, a grin on her
face, said she wanted to “thank President Trump personally for his personal
commitment and leadership to achieve this breakthrough. He’s a tough negotiator,
but he is also a deal maker.”
The “breakthrough” amounted to Donald Trump lowering his originally threatened
30 percent to 15 percent tariffs on imports of EU goods, as well as agreeing to
certain sectoral exemptions. | Andrew Harnik/Getty Images
The “breakthrough” amounted to Trump lowering his originally threatened 30
percent to 15 percent tariffs on imports of EU goods, as well as agreeing to
certain sectoral exemptions.
As part of their preliminary deal, von der Leyen and Trump also agreed to form
an alliance on industrial metals — steel, aluminum, copper and their derivatives
— to mitigate the impact of subsidized Chinese overproduction on global markets.
This alliance would “effectively [create] a joint ring fence around our
respective economies through tariff rate quotas at historic levels with
preferential treatment,” Maroš Šefčovič, the EU’s trade chief, said on Monday.
While terms still need to be ironed out — along with most details of the
transatlantic trade deal — the alliance is part of broader plans to “join forces
in addressing sources of non-market overcapacity so that we work together to
address global overcapacity,” according to one senior EU official, who was
granted anonymity to discuss the closed-door talks.
LOOKING EAST? LOOKING WEST
Initially, after Trump’s return to the White House, hopes were high for a
diplomatic reset of the bloc’s relations with China, or at least a gradual
détente.
In a speech to EU ambassadors in February, von der Leyen said the EU needed to
“engage constructively with China,” adding that “we can find agreements that
could even expand our trade and investment ties.”
The unusual openness was welcomed by Beijing, which seemed keen to build ties
with the EU when Washington later hiked tariffs to 145 percent. But when China
hit back by imposing strict controls on exports of rare earths, Europe was
caught in the crossfire — and von der Leyen’s conciliatory tone didn’t last.
At a summit of G7 leaders in June, von der Leyen accused China of “weaponizing”
its leading position in producing and refining critical raw materials.
And, speaking to European lawmakers shortly before the EU-China summit, she took
aim at China’s industrial overproduction, export restrictions and its support
for Russia’s war against Ukraine.
In the end, von der Leyen’s hawkish stance on Beijing may have helped her seal a
deal with Trump. But it’s a strategy that risks backfiring and being less
effective than the Commission hopes.
“The current U.S. leadership seems more interested in striking a bilateral deal
with China than in collaborating with allies and partners to deal with the
challenges posed to the U.S. and the world,” said Francesca Ghiretti, director
of the China Europe Initiative at the RAND think tank.
Ghiretti added that the EU’s alignment with the U.S. on China “does not give any
immediate advantage or relief in the tensions between the U.S. and the EU.”
The EU, she said, should “carry on with an approach to China that is about the
EU and China, rather than the role China may play in the EU’s relation with the
U.S.”