US tariffs: BCL offers legal and logistical guidance to Catalan exporters

 

 

Business Impact Analysis and Adaptation Strategies

 

The impact of US tariff policies on Catalonia's foreign trade is both direct as indirect. Elena Antonijuan, Manager of Services and International Relations at ACCIÓHe detailed that the direct impact amounts to 4.350 millones de eurosaffecting more than 3.160 companies and concentrating in sectors such as chemical, pharmaceutical, machinery, agri-food and metallurgy.

 

The indirect impact stems from a potential reduction in sales to Catalonia's European partners with greater exposure to the US market, as well as a loss of competitiveness against countries with lower tariffs (such as the UK, Australia, or Turkey), should reciprocal tariffs be applied. However, Antonijuan also pointed to a possible positive impactThis situation could create trade opportunities with Asian countries, the region most affected by reciprocal tariffs.

 

Given this uncertain outlook, the ACCIÓ expert urged companies to adopt strategies to minimize the impactThese go through “Implement risk management and reconfigure a company’s global presence” through actions of multilocation, market-plus, nearshoring y friendshoringHe also advised “to deepen our presence in the European market and diversify our exports”, taking advantage of potential EU trade agreements with regions such as Mercosur, India or Australia.

 

The meeting provided Catalan exporters with a practical roadmap to avoid compliance risks and adapt their logistics chain to the policies of the White House.

 

Key Legal Issues and Compliance Considerations in the U.S.

 

From the American perspective, Micah Myers y Michael Fernandez, Members of Cozen O'ConnorThey addressed the legal and compliance implications. Myers focused on the basis of the rates set, highlighting the International Emergency Economic Powers Act (IEEPA), a tool that grants the US president extraordinary powers to impose tariffs, as happened with China, India and Brazil.

 

The expert recommended that European companies “They must prepare for uncertainty and plan ahead”This includes considering tariffs when making decisions about production location and product design. It is also essential to take into account the responsibility of the registered importer y draft contracts that clearly define who covers the tariff costs.

 

For his part, Michael Fernández warned about the Risks in cross-border tradesince the United States applies sanctions, prohibitions and criminal actions against foreign organizations or officials for non-compliance with laws or suspicions of corruption.

 

The European Union's Response and the Risk of Evasion

 

Finally, Beatriz Val y Nuria Nicolau, Indirect Tax Lawyers and Tax Litigation Partner at CuatrecasasThey presented the EU's response. Val detailed the European Commission's proposal to preferential tariff reduction for certain U.S. products, such as industrial and agricultural goods. He emphasized the importance of correctly determining the origin and substantial transformation of imported goods.

 

Nicolau illustrated the risk of evasion with the case Harley-DavidsonThe company moved its production to Thailand to avoid EU tariffs, but the EU Court of Justice ruled in favor of the Commission, arguing that if “The purpose of the operation is to avoid trade policy measures; it is not considered economically justified.”.

 

Therefore, the lawyer from Cuatrecasas recommended to the companies review the Binding Information of Origin (BIO)since the Commission can intervene if it detects an intent to circumvent trade measures. He insisted that, for greater legal certainty, it is fundamental document the economic justification in cases of production relocations, since the burden of proof lies with the company.