FoleyTECH | Boston 2016

The importer of record is the entity that initially pays all tariffs and thus is the entity that would receive any IEEPA tariff refunds. Nonetheless, behind the scenes there often are a variety of mechanisms importers of record may have used to handle the often unexpected tariffs, including pushing back on suppliers for price concessions, using surcharges to pass along tariffs, or generally increasing price. In many cases, other parties may be looking to share any potential refunds.

The last six years have brought vast changes in the U.S. regulatory landscape (e.g., tariff volatility, new supply chain integrity rules), unprecedented raw material shortages, and a global pandemic, just to list a few high-profile examples. This has led to unprecedented supply chain unpredictability.

This episode of The Path & The Practice features a conversation with Marshall Keen, a summer associate in Foley’s Dallas office.