Importing goods into the United States can create legal and financial issues that extend well beyond moving products across a border. An unexpected tariff assessment, classification dispute, or country-of-origin determination can increase landed costs, disrupt pricing decisions, delay merchandise, and potentially expose a business to substantial additional duties.
An international trade attorney helps businesses understand the rules governing their transactions and respond when disagreements arise with U.S. Customs and Border Protection (CBP) or other federal agencies. Attorneys can also help companies address potential problems before they develop into costly disputes.
For importers, manufacturers, distributors, retailers, and other companies participating in international commerce, understanding when a customs issue becomes a legal issue can help protect both financial and operational interests.
Key Takeaways
- International trade law involves multiple agencies: CBP, USTR, the Department of Commerce, and other federal agencies administer different parts of the U.S. trade system.
- Classification affects duty rates: The HTS classification assigned to imported merchandise can significantly change the tariffs a company owes.
- Country of origin matters: Origin can affect tariff treatment, marking requirements, and whether measures such as Section 301 duties apply.
- Customs decisions can be challenged: Importers may have administrative or judicial remedies when they disagree with certain CBP determinations.
- Trade attorneys can provide preventive guidance: Businesses do not always need to wait until a dispute arises before seeking legal advice on uncertain customs or trade requirements.
What Does an International Trade Attorney Do?
An international trade attorney advises businesses about federal laws governing imports and exports and represents companies when trade or customs disputes arise. Depending on the issue, an attorney may address tariff classifications, customs duties, country-of-origin determinations, Section 301 or Section 232 tariffs, CBP decisions, export controls, and other federal trade regulations.
What Laws and Agencies Govern International Trade?
There is no single federal agency responsible for every international trade issue. Different agencies administer customs requirements, tariff programs, export controls, sanctions, and trade remedies.
For businesses, identifying the agency and legal framework governing the issue is often the first step toward determining what action to take.
| Trade Issue | Primary Federal Agency |
| Customs entries, classification, valuation, and duties | U.S. Customs and Border Protection (CBP) |
| Section 301 trade actions | Office of the U.S. Trade Representative (USTR) and CBP |
| Section 232 measures | Department of Commerce and CBP |
| Antidumping and countervailing duty matters | Department of Commerce and U.S. International Trade Commission |
| Export controls | Bureau of Industry and Security (BIS) |
| Economic and trade sanctions | Office of Foreign Assets Control (OFAC) |
The Harmonized Tariff Schedule of the United States (HTSUS) also plays a central role for importers. The U.S. International Trade Commission publishes the HTS, while CBP administers and interprets its provisions regarding imported merchandise.
When Does a Business Need an International Trade Attorney?
Not every international shipment requires legal counsel. Importers routinely work with customs brokers, freight forwarders, and logistics professionals who perform important roles in moving goods and completing customs transactions.
Legal assistance becomes particularly valuable when the issue involves interpreting federal law, challenging a government decision, assessing potential liability, or protecting the company's rights in an administrative or judicial proceeding.
For example, a business may contact an international trade lawyer after CBP determines that merchandise falls under a tariff classification that carries a higher duty rate than the company anticipated. Other disputes may concern the appraised value of merchandise, its country of origin, eligibility for a tariff exclusion, or additional duties imposed under federal trade programs.
Timing can also matter. Once CBP makes certain decisions or liquidates an entry, statutory deadlines may govern the importer's ability to challenge that determination. An attorney can identify the applicable procedure and help the business preserve available remedies.
Companies facing additional duties under federal tariff programs may have particularly significant amounts at stake. Our customs attorneys handle Section 301 and 232 refund claims, including matters involving CBP decisions and potential recovery of duties when a legal basis for a refund exists.
How Do Tariff Classification Disputes Affect Importers?
Virtually every product imported into the United States must be classified under the HTSUS. That classification helps determine the ordinary duty rate and can also affect whether additional tariffs or other trade measures apply.
Classification is more complicated than choosing the description that most closely matches the product. Depending on the merchandise, determining the correct provision can require analysis of its materials, components, principal function, method of manufacture, and other characteristics under the HTS and its applicable rules.
A disagreement can have consequences far beyond one shipment. If a company repeatedly imports the same merchandise under a classification that CBP later disputes, the difference in duties owed can become significant over many entries.
Businesses should therefore maintain accurate product descriptions and technical information supporting their classification decisions. When genuine uncertainty exists, companies can also consider requesting a binding ruling from CBP.
CBP's regulations allow importers and other interested parties to request rulings concerning prospective customs transactions. A ruling can address issues such as tariff classification before a business proceeds with future transactions, providing greater certainty than waiting for CBP to raise the issue after importation.
Why Does Country of Origin Matter in a Customs Dispute?
Where a product comes from may seem straightforward, but international supply chains can complicate country-of-origin determinations. A product may contain components from several countries, be manufactured or assembled elsewhere, and then shipped to the United States from a different place entirely.
For customs purposes, the country from which merchandise is shipped is not necessarily its legal country of origin.
That distinction can have major financial consequences. Origin may affect product marking, eligibility for preferential treatment, and the application of certain trade measures. CBP specifically explains that additional Section 301 duties involving China are based on a product's country of origin rather than its country of export.
When goods undergo processing in multiple countries, determining origin can require analysis of what manufacturing occurred and whether that processing was sufficient under the applicable legal standard. An incorrect origin determination can result in unexpected duties or a dispute with Customs.
Businesses should therefore retain records explaining where products and components originate and what manufacturing occurs before the goods enter the United States. A Florida customs attorney can evaluate the applicable rules when the origin is uncertain or when CBP challenges a company's position.
What Happens When CBP Says Your Business Owes More Duties?
A customs dispute may begin when CBP questions an entry, changes a tariff classification, disputes the declared value or origin of merchandise, or determines that additional duties apply. For a business with repeated imports of the same products, even a relatively small difference in the duty rate can become significant across multiple entries.
The appropriate response depends on the type of CBP action and the procedural status of the entries. An international trade attorney can review the government's position, analyze the relevant customs laws and records, and determine whether the company has grounds to challenge the decision.
Some disputes can be addressed during the administrative process. Others may involve liquidation and a formal CBP protest. Under 19 U.S.C. § 1514, certain Customs decisions involving matters such as classification, valuation, duties, charges, and liquidation can be protested.
Strict filing requirements apply, so businesses should address adverse customs decisions promptly rather than assume they can dispute them later. If a qualifying protest is denied, further review may be available in the U.S. Court of International Trade.
Can Businesses Recover Tariffs They Already Paid?
Paying a tariff does not necessarily mean the payment can be recovered, but businesses may have opportunities to seek a refund when a valid legal or administrative basis exists.
For example, a company may discover that merchandise qualified for an applicable tariff exclusion, or that duties resulted from a classification or other customs determination it has grounds to challenge. Duty drawback can provide another potential avenue in qualifying transactions, such as when certain imported merchandise is subsequently exported or destroyed under applicable federal requirements.
The availability of a refund depends on the facts, including the type of duty, the affected entries, the applicable tariff provisions, and the procedural deadlines. Importers should therefore avoid treating years of tariff payments as one undifferentiated refund claim.
Businesses that want to examine potentially recoverable import costs can speak with our trade and tariff refund attorneys about the entries and legal remedies that may apply.
Discover how uncollected customs refunds and improper duties directly inflate your economic damages, giving your business a clear path to recover financial losses.
Do International Trade Attorneys Handle Export Controls and Sanctions?
International trade law extends beyond tariffs and customs disputes. Businesses that export goods, software, or technology may also encounter federal export-control requirements administered by the Bureau of Industry and Security (BIS). The Office of Foreign Assets Control (OFAC) administers economic and trade sanctions based on U.S. foreign policy and national security objectives.
These rules can affect whether a transaction is permitted, requires a license, or involves a restricted destination, entity, or individual. Companies involved in international transactions should identify the regulatory regimes that apply to their activities rather than assume compliance with customs requirements resolves every trade-law issue.
When trade enforcement unfairly impacts entire industries, exploring the benefits of a mass tort lawsuit shows how pool resources and shared evidence help businesses win complex customs disputes.
What Can Businesses Do Before a Customs Dispute Develops?
Some of the most valuable international trade work occurs before CBP challenges an entry. Businesses that import substantial volumes of merchandise can reduce uncertainty by periodically reviewing the information supporting their customs practices.
That means looking beyond whether the broker successfully cleared each shipment. Companies should maintain product specifications supporting HTS classifications, document country-of-origin determinations, preserve instructions and information provided to customs brokers, and track tariff exclusions or regulatory changes affecting frequently imported products.
When a classification or other customs question remains uncertain, requesting a binding ruling from CBP may provide guidance before future transactions occur.
A periodic review can also reveal inconsistencies. If similar products are being classified differently, origin information has changed, or a tariff program now affects a product line, identifying the issue early gives the business an opportunity to investigate before it becomes a larger financial problem.
Frequently Asked Questions About International Trade Attorneys
Is a Customs Broker the Same as an International Trade Attorney?
No. Licensed customs brokers perform important functions related to customs entries and compliance, but they do not serve the same role as legal counsel. An international trade lawyer can provide legal advice, analyze disputed government decisions, develop legal arguments, and represent a business in administrative or judicial proceedings.
Can an International Trade Lawyer Represent Companies Nationwide?
Federal customs and trade laws apply to businesses throughout the United States. An attorney handling federal tariff or customs matters may therefore work with importers and other businesses located in different states, subject to the requirements governing the particular representation.
What Is a CBP Binding Ruling?
A binding ruling is a written CBP decision addressing the treatment of a prospective transaction based on the facts presented in the ruling request. Businesses can seek rulings on issues such as tariff classification and other customs questions, providing greater clarity before future imports.
When Should I Contact a Trade Regulation Attorney?
Consider seeking legal advice when a customs or trade issue could create substantial additional duties, affect recurring imports, involve an adverse government decision, or expose the company to regulatory risk. Early advice can be particularly important when a filing or protest deadline may apply.
Talk to an International Trade Attorney at The Russo Firm About Protecting Your Business
Tariffs and customs decisions can directly affect a company's costs, pricing, inventory, and ability to move goods efficiently. When a dispute involves significant duties or recurring imports, understanding the available legal options can help business leaders make informed decisions before deadlines narrow their choices.
The trade attorneys at The Russo Firm help businesses evaluate tariff and customs disputes, potential refund claims, and other international trade concerns. Our attorneys are part of the same firm that has represented Florida clients for years, and we bring that commitment to advocacy to businesses dealing with federal trade matters nationwide.
If your company is facing a tariff, customs, or international trade dispute, contact the attorneys at The Russo Firm at (844) 847-8300 to discuss your situation and potential legal options.