BCR’s Customs and Import Regulatory practice combines decades of past experience with a clear understanding that the tariff, regulatory, and enforcement landscape is constantly evolving and that our strategies and guidance must be forward-focused. We counsel clients on all aspects of their import strategy and compliance. We work across a wide range of industries and are familiar with the nuances of importing food and agricultural products, textiles and apparel, electronics, chemicals, industrial machinery, automobiles, and other products. We have experience advising both U.S.-based and non-resident importers, as well as customs brokers, freight forwarders, and trade associations.
Importer Responsibilities
Our clients rely on us for guidance on tariff classification, valuation (including related party valuation and first sale transactions), country of origin, and marking. We counsel importers on due diligence and informed compliance obligations to U.S. Customs and Border Protection (CBP), and on partner government agency regulation of imports, including Federal Trade Commission labeling requirements and Made in USA rules, Consumer Product Safety Commission testing and certification requirements, and various packing, labeling, and notice requirements applicable to produce and agricultural goods, chemicals, and other regulated products. We have successfully obtained binding rulings, internal advice, favorable protest decisions, and informal agency guidance. Our advice focuses on compliance and risk management, but also on duty mitigation; we help clients to develop supply chain strategies and to plan proactively for compliance.
Free Trade Agreements
We are experts in free trade agreement and preference program requirements, including those applicable under USMCA, CAFTA, KORUS, and other free trade agreements, as well as preferential tariff requirements under AGOA, CBTPA, and Haiti HOPE. We help our clients understand complex tariff shift and regional value content rules for textiles and apparel, machinery, electronics, and other goods. We also help them plan for changes to these requirements and to ensure they have required certifications and supporting documentation. We have successfully represented clients in broadly scoped FTA audits, and we frequently guide importers through more targeted verifications. Additionally, we advise companies on the use of duty-savings programs for goods exported and returned, goods containing U.S. origin components, and goods for actual use in agriculture or by handicapped individuals.
Trade Remedies
U.S. policy toward tariffs has changed significantly in recent years, leading to both increased tariff liability and increased enforcement risk, and we are a resource for importers as they navigate this rapidly changing tariff landscape. We have provided advice on section 301 tariffs on Chinese products and section 232 tariffs on steel and aluminum and advocated for exclusions. Since 2025, we have continually advised on new section 232 tariffs on copper, autos and auto parts, trucks and truck parts, semiconductors, additional derivatives of steel and aluminum, and other articles. We advise tariffs imposed under the International Emergency Economic Powers Act (IEEPA) – including on how importers can secure their rights to refunds of these tariffs – and under section 122, and we are helping clients prepare for new section 301 tariffs. We also have significant experience working with importers to assess whether imports are within the scope of antidumping and countervailing duty orders, we have helped clients contest erroneous application of all others rates, and we have applied for scope determinations.
Audits and Enforcement
Importers facing CBP focused assessments, single issue or quick response audits, or information requests rely on us for support throughout these processes, including review and analysis of records, engagement with CBP, and, when warranted, disclosure. We also help clients with internal compliance assessments and investigations, and we have significant experience in the preparation of petitions against penalties, seizures, and liquidated damages. We also represent companies in forced labor matters involving withhold release orders, findings, the Uyghur Forced Labor Prevention Act (UFLPA), and Enforce and Protect Act (EAPA) investigations, and we have successfully obtained release of goods alleged to be made with forced labor.
Litigation
Our attorneys are admitted to practice before the U.S. Court of International Trade, and we have experience in litigation involving issues ranging from tariff classification to the constitutionality of trade remedy tariffs. When regulatory processes fail to provide necessary relief, we are prepared to advise on and pursue litigation-based strategies.