As I can tell you from experience, a single customs ruling on a product’s country of origin or its applicable tariff rate can take months of work and loads of evidence. Fortunately, they’re relatively rare under the current system: Even with all the recent tariff threats, CBP issued just 106 rulings in the last 30 days. Under a reciprocal system, however, these and other customs rules and procedures would matter not for a few products and countries but for every single thing entering the United States—trillions of dollars’ worth of goods each year—no matter their origin or their complexity. Related costs would accordingly skyrocket.
Finally, there’s the similarly herculean task of defining and quantifying all the nontariff barriers supposedly blocking U.S. exports and then converting them all into a single “tariff equivalent” for an entire country. As Trump may or may not be aware, trade-distortive foreign subsidies (e.g., government grants to domestic exporters) can already be investigated and subjected to remedial measures under both the U.S. “countervailing duty” (CVD) law and WTO rules, but these cases take more than a year—along with piles of documents, armies of lawyers, and multiple government-to-government consultations—to carry out for just a single product. In the CVD context, moreover, it’s often discovered that foreign exporters under investigation didn’t receive some of the subsidies being alleged, entitling their goods to lower U.S. duty rates (or none at all). Other times, alleged subsidies didn’t even exist, and—even when they do—they’re often product specific, not country-wide (e.g., subsidized logs going to foreign lumber producers). In these common cases, slapping a single “subsidy tariff” on an entire economy would be absurd.
Then there are domestic government policies with highly uncertain and indirect trade effects. Economists will tell you, for example, that value-added taxes are—contra the Trump team—trade neutral in theory, but whether a nation’s VAT system affects imports and exports in practice can depend on the tax’s structure and whether, for example, local currency adjusts fully and quickly. Labor, environmental, intellectual property, and other domestic policies also can have indirect trade effects, even though they’re non-discriminatory on their face. Heck, even the metric system can be a nontariff barrier. Mimicking the CVD process for 150-plus countries, thousands of products, and thousands of government programs—not just tariffs and subsidies!—is simply impossible. So, either the Trump team will fake it, or they’ll give up.
Let’s hope it’s the latter.
A Gaming (and Lobbying) Fiesta
The system’s complexity leads to its second big problem: Given the money at stake, companies and countries will inevitably work to circumvent new U.S. tariffs, adding even more pressure on customs enforcement along the way. Companies might, for example, reroute supply chains through countries that suddenly face lower U.S. tariffs on certain products (because those countries had lower tariffs on the same products from the United States). Or they’ll engage in “tariff engineering” to slightly change a product from one with a high tariff to one with a lower one. Or they’ll find other legal loopholes—and illegal ones, too—to continue shipping goods to the United States. And, of course, they’ll hire lobbyists to convince administration officials that they deserve special tariff treatment one way or another.
As the Financial Times’ Alan Beattie notes, a system with widely varying tariff rates across dozens of countries (and with corporate armies looking to game it) would cause U.S. trade policy and enforcement to quickly devolve into a “truly global game of whack-a-mole” that the United States can’t easily avoid: