Consequences and Remedies for Italian and European Companies

January 13, 2025 - Prepared by Melchionna PLLC Law Firm, New York

Is there a tangible risk for Italian and European companies exporting goods and services to the U.S., starting January 20, 2025, with the inauguration of the new Trump administration? This question concerns businesses operating in various sectors, including raw materials, manufacturing, fashion, food, beverages and alcohol, mechanics and components, and chemicals, to name just a few.

The Scenario

During his election campaign, Trump stated his intention to target China and Europe and to implement measures similar to those taken during his first administration. At that time, steel and aluminum, for example, were subject to tariffs of 25% and 10%, respectively. This time, however, Trump has pledged to impose generalized protectionist tariffs ranging from 10% to 20%. It is worth noting that Europe has already been threatened with new tariffs if it refuses to import U.S. energy products (coal, oil, and gas). Trump has also declared his intention to introduce 100% tariffs against the “BRIC” bloc (Brazil, India, China, South Africa, Egypt, Ethiopia, Iran, and UAE) if they decide to adopt a currency competing with the dollar.

1. Economic Forecasts in the Event of New Tariffs for Europe

Initially, new tariffs on goods and services imported into the U.S. would make these products more expensive for American consumers (an aspect that—according to many observers—could politically harm Trump in the long term), thus driving inflation higher.

Regarding the European economy, forecasts indicate that tariffs would further burden an already stagnant economy. According to economists at Citi Bank, undifferentiated 10% tariffs could reduce the GDP of the European area by 0.3% over two years. The value of European companies could decrease by 1% or 2% per share. Both institutional and individual investors have already shown signs of disinvesting from the European area and productive sectors most likely to be affected by tariffs, leading to a further tightening of credit availability. Occasional tariff exemptions would undoubtedly have a political justification.

Germany’s Economic Institute (IW) has calculated that Trump’s new tariffs would cost Germany approximately €180 billion over four years. For the French Center for International Economic Studies (CEPII), Italy is expected to suffer a GDP contraction of 1.20%.

These are the direct impacts. Indirect effects appear even more problematic: Trump’s promise to impose tariffs of up to 60% on Chinese goods could lead Asian companies to divert products initially destined for the U.S. market to Europe, resulting in lower prices for European end consumers and reduced profit margins for many European companies (notably, Chinese electric vehicles currently face a 100% tariff in the U.S.).

The prospect of retaliation is challenging and unlikely, as 25% of goods the EU imports from the U.S. consist of oil, coal, and natural gas—products unlikely to be subjected to new tariffs. The same applies to pharmaceutical products. Europe might consider commercial retaliation against China (as it has in the past), although some goods are already subject to high tariffs (for example, Chinese electric vehicles enter Europe with a 35.3% tariff).

2. What is the Political Scenario?

In U.S. law, only tariffs exist (unlike in Italian law, where both tariffs and duties are distinguished). According to many observers, Trump’s statements on new tariffs, both during and after his campaign, aim to force foreign companies and governments to renegotiate their positions. Tariffs, as is well known, have a political basis. Trump and his team have promoted tariffs through an extensive communication campaign via traditional and digital media, as well as social media. In doing so, they have sought to convince American consumers of the significant domestic benefits that tariffs will bring. However, most experts in economics and economic history do not agree with this prediction.

While Trump currently sees tariffs as an expression of "patriotic protectionism" and, above all, as a powerful tool for geopolitical purposes, it will ultimately be end consumers who decide on the efficacy of this policy. What matters for Italian companies exporting their products to the U.S. is to pay attention to short-term policies and recalibrate their commercial operations based on a clear understanding of the available options to maintain stability and continuity.

3. What Are the Legal Grounds?

Article I, Section 8 of the U.S. Constitution grants Congress exclusive authority to legislate on tariffs. However, over time, Congress has delegated this power to the President in certain circumstances. The President could invoke Section 301 of the Trade Act (1974) (as was done for new tariffs on Chinese goods); Section 232 of the Trade Expansion Act (1962) (as was the case for steel and aluminum imports); or Section 203 of the International Emergency Economic Powers Act (IEEPA), which is even faster since it does not require an investigation by federal agencies if the President concurrently declares a national emergency under the National Emergency Act (NEA).

The regulatory framework becomes even more complex when considering the provisions related to tariffs, including exemptions and appeals, sanctions, actions by CFIUS (the U.S. committee overseeing the admissibility of foreign investments), changes to nearshoring rules, and the renegotiation of current bi- or multilateral agreements (especially those with Canada and Mexico).

4. What Are the Impacts and Solutions to Best Prepare?

A significant number of Italian and European companies operating in the U.S. will likely need to assess whether their products and services will be subject to new tariffs. If so, they must quickly decide how to respond. Since the new Trump administration will select goods and services for new tariffs arbitrarily and unpredictably, the response time of affected companies will be crucial for competitiveness and success in the U.S. market. Companies that prepare a response plan today will be able to implement it and successfully navigate the next four years.

Diversified, well-tested, and tailor-made solutions are available.

For further information, please contact Melchionna PLLC Law Firm in New York.

The Corporate Transparency Act (the "CTA") took effect January 1, 2024.

• Executive Summary
  
  • The CTA requires every reporting company that is not exempt to file a beneficial ownership report (a "Report") with FinCEN – the Financial Crimes Enforcement Network of the U.S. Treasury. The Report must include five discrete items of information for each Beneficial Owner of your Company. We may require to collect from you documents and information needed to help determine whether your company needs to file a FinCEN Report and, if so, who are the Beneficial Owners to be identified in that report. You will then be responsible for preparing your Report and filing it with FinCEN by the applicable deadline.
  • The CTA imposes a $500 per day fine on reporting companies that fail to file on time. In addition, a willful failure to file can be punished as a felony. If you have any questions, please contact one of our attorneys.
    
    
• Background and Resources
  
  • Because the CTA is a new law that will require more than 30 million U.S. businesses to file a Report that they have never filed before, there is a great deal of concern is the market.
  • The CTA applies to any corporation, LLC or other legal entity formed by the filing of a document with a Secretary of State (or any entity formed outside the U.S. that is registered to do business in the U.S. by filing a document with a Secretary of State) (each, a "reporting company"). Some reporting companies are exempt from the CTA's requirements and the resources cited below can help you determine if your company may be exempt.
  • The CTA will require every non-exempt reporting company in existence prior to January 1, 2024, to file its initial Report with FinCEN by January 1, 2025.
  • Any company formed on or after January 1, 2024 (and before January 1, 2025), will need to file its first report within 90 calendar days after the date of formation (or the date of registration, in the case of a foreign reporting company).
  • Every non-exempt reporting company will need to identify its beneficial owners and, for each of them, provide their (a) full legal name, (b) residential address, (c) date of birth, (d) a "unique identifying number" (which can be a driver's license or passport) and (e) an image of the document that provides the unique identifying number.
  • Entities formed (or registered to do business in the U.S.) on or after January 1, 2024, will also need to provide this same information for the entity's "company applicant."
  • Importantly, after a reporting company files its initial Report, the reporting company will need to amend that Report within 30 calendar days after any change in its beneficial owners or their reported information. As a result, every reporting company should review its constituent documents and adopt a compliance policy to ensure that the company is able to comply with this requirement.
  • A great source of background information is the Small Entity Compliance Guide (available online) published by FinCEN to educate the market.
    
    
• Assistance in Preparing Your Report Under the CTA.

Grimaldi Alliance continues its growth in the USA and New York with the addition of Melchionna PLLC, founded by Luca Melchionna, who has over twenty-five years of experience, brings a highly experienced multidisciplinary team with a focus on corporate legal advisory, cross-border transaction, corporate governance, and international tax matters.

This expansion is part of Grimaldi Alliance's strategy to strengthen its presence in the United States, assisting key clients closely and supporting them in their growth and internationalization efforts.

Luca Melchionna is a highly respected professional in the legal market, specializing in transactional law with a focus on compliance, M&A, and tax law. For many years, he has assisted multinational corporations and institutional investors in corporate, commercial, and tax matters. His team has solid expertise in supporting buyers and investors in establishing and acquiring companies in the U.S., managing local assets efficiently, and handling international commercial transactions.

"I have known and appreciated Luca Melchionna for years. He is a reference figure for many stakeholders in the New York legal market, and his firm represents excellence in quality. We are proud to welcome him as a partner in Grimaldi Alliance, strengthening our presence in New York. This step is another key part of our growth strategy in the United States, a crucial market for our international clients," said Francesco Sciaudone, Managing Partner of Grimaldi Alliance.