Cross-Border Trade & Tariffs

Tariffs Are Rising—Is Your Business Protected?

Tariffs will have a disproportionate disruption on the energy, mining, agriculture, and manufacturing industries in Canada.
We understand the serious challenges businesses in these industries will face to maintain profitability and supply chain stability when tariffs are introduced.

Immediate Solutions for U.S. and Canadian Companies

Whether you’re exporting Canadian produce to the U.S., importing specialized equipment for energy projects, or navigating complex manufacturing and agricultural trade restrictions, our team delivers fast, strategic legal solutions to minimize the impact of tariffs on your bottom line. Practice Group Leader Chad Eggerman brings over 20 years of legal expertise, combined with extensive international experience living and working abroad and advising clients on international matters in energy, mining, agriculture, and manufacturing sectors. His leadership, informed by his deep understanding of the unique challenges faced by these industries ensures the team will deliver practical solutions tailored to your business.

Focused on What Matters to You:

Contract Review & Amendment: We will cost-effectively review your international contracts and provide advice to mitigate risk:

  • Payment Clauses: Tariffs may affect invoicing, pricing, or other payment terms in international contracts. This might require interpretation or renegotiation, redrafting and re-execution of the agreement.
  • Force Majeure & Hardship Clauses: We will review and support negotiations to update contracts to account for increased costs or delivery disruptions due to tariffs.
  • Supply Chain Restructuring: We advise on the implications of shifting suppliers or altering logistics to mitigate tariff impacts.

Dispute Resolution & Litigation: Cross-border trade and tariffs can create disputes between trading partners or with government agencies. We provide highly effective representation in trade, tariff, and all commercial disputes and will forcefully negotiate, mediate, arbitrate, and litigate these matters for you.

  • Cross-Border Commercial Disputes: Increased disputes over contract performance, pricing adjustments, and delivery timelines could arise that require legal intervention through arbitration or litigation. We have experience and can help.
  • Anti-Dumping & Countervailing Duties: If retaliatory actions between the U.S. and Canada escalate, Canadian companies may need legal representation in anti-dumping or subsidy investigations. We can advise.

Compliance & Regulatory Advice:

  • Customs Laws: We can provide rapid guidance on how to navigate customs laws and regulations.
  • Import/Export Regulations: We advise on import/export regulation and required documentation.
  • Export Controls: We can ensure compliance with shifting Canadian export control regulations that may accompany Canadian tariff changes.
  • Sanctions: Sanctions on individuals and businesses from Russia and other jurisdictions can complicate or restrict Canadian export and import of goods. We can advise to mitigate these risks.

Supply Chain Risk Management: We can suggest strategies to minimize disruption to your supply chain, such as restructuring supply chains, reclassifying goods, or leveraging employee mobility provisions in trade agreements to ensure your business keeps moving despite regulatory changes.

Tariff Mitigation & Duty Reduction: We can help identify any available immediate strategies to reduce or eliminate tariff costs impacting your operations, such as:

  • Customs Classification & Valuation: We can ensure that Canadian exporters’ products are correctly classified under tariff schedules to potentially reduce duty rates.
  • Filing for Tariff Exemptions or Refunds: We can assist businesses in identifying or applying for temporary tariff exemptions or refunds where available.
  • Navigating Trade Agreements: We can determine if any trade agreements offer any protections or exemptions from tariffs that are applicable to your operations.

Government Advocacy: We proactively engage with government bodies to influence policy decisions affecting your industry, including advocating for tariff exemptions. We provide the following government advocacy services:

  • Lobbying for Exemptions: We can support government relations consultants to advocate for sector-specific exemptions or to influence policy.
  • Policy Advice: We can provide legal analysis on the broader economic implications of tariffs for industry groups and trade organizations.

Bankruptcy, Insolvency, & Foreclosure:

  • Bankruptcy: We can assist with Canada’s Bankruptcy and Insolvency Act bankruptcy procedures, including filing, debt restructuring, trustee interaction, and discharge applications.
  • Insolvency: Canada’s Companies’ Creditors Arrangement Act permits debt restructuring and continuing operations, and we can help negotiate informal arrangements to avoid formal insolvency proceedings, as well as advise corporate directors and officers on their duties and potential liabilities in insolvency scenarios.
  • Foreclosure: We regularly represent borrowers in foreclosure actions, including defending against foreclosure suits, helping borrowers understand and navigate redemption periods during which they can reclaim their property, and facilitating negotiations between lenders and borrowers to avoid foreclosure through loan modifications or repayment plans.
Industries We’re Ready to Serve—Now:

Energy: From oil and gas to renewable power generation, we help companies manage the legal risks of cross-border goods, equipment imports and natural resource exports. We provide the following energy sector-specific legal services in Saskatchewan:

  • Energy Tariffs: We can advise companies exporting oil to the US on tariff classifications or negotiating exemptions.
  • U.S. Goods: We can provide advice to help mitigate risks if Canadian tariffs are placed on U.S. goods and equipment used in power generation or oil extraction in Canada.

Mining: Navigate shifting tariffs on your mined commodity exports and the imported equipment for your mine site with confidence. We can advise on exporting potash, uranium and other mined natural resources and importing goods and equipment into mines in Western Canada. We provide the following mining sector-specific legal services in Saskatchewan:

  • Mining Tariffs: We can provide advice to companies exporting potash or uranium to the U.S. on tariff classifications or negotiating exemptions.

Agriculture & Agri-Food: Protect your margins from unpredictable duties on agricultural exports, machinery, and inputs critical to your business. We provide the following agriculture sector-specific legal services in Saskatchewan:

  • Agricultural Export Support: We can advise Saskatchewan’s grain, pulse, and canola producers on legal strategies to manage U.S. tariffs, possibly exploring alternate markets or trade remedies.
  • Litigation experience: We have significant litigation experience acting for both commodity traders and agricultural producers.

Manufacturing & Industrial Goods: Procido can help manage the complexities of importing raw materials into Canada and exporting finished products to the U.S., while minimizing tariff exposure.

Global Expertise, Local Impact

Our expertise, underpinned by Chad Eggerman’s international legal experience gives your business an edge in managing complex cross-border challenges. We understand that all businesses will be under increasing financial strain in the foreseeable future. Whether dealing with multi-jurisdictional trade agreements, navigating international regulations, or resolving disputes that span borders, our knowledge and insight ensure your business is positioned to thrive in today’s volatile trade environment.

Craig Zawada, K.C., Janelle Anderson, Lola Adebogun, and Viviana Murillo are proud members of the Cross-Border Trade & Tariffs Practice Group. Craig brings a wealth of experience as a commercial lawyer to the group having advised on countless complex business matters over the past 40 years. Janelle holds a Global Competent Boards Designation and Certification and has expertise in advising business leaders and boards of directors in navigating complex matters including geopolitical and supply chain risks. In addition to obtaining a Global Business Certificate with her Bachelor of Commerce business degree, Lola studied in Iceland at Bifröst University and in England at the University of Birmingham, receiving the Global Engagement Scholarship.  Viviana studied 3 years of law at the Libre University of Colombia in Bogota, Colombia and has obtained a Criminal Investigation Diploma from Saint Francis of Asis College in Colombia. With their combined international and business expertise, they are excited to collaborate under Chad’s leadership to provide comprehensive legal solutions for clients navigating the complexities of cross-border commerce. Their shared commitment to excellence positions Procido LLP as a leading authority in helping businesses adapt to the rapidly changing world.

Don’t Let Tariffs Threaten Your Business

Tariffs can be threatened, implemented, or rescinded very quickly and trade regulations can change overnight, leaving companies scrambling to adapt. Procido LLP is your trusted partner in staying compliant, competitive, and protected.

Act Now

Trade disruptions are inevitable in the future. Tariffs will impact businesses like yours. Contact us today to learn how Procido LLP’s Cross-Border Trade & Tariffs Practice Group can protect your business from costly disruptions.

Your Team

Please see related article: Five Things Canadian Businesses Must Do Now to Mitigate Legal Risk from Trump’s U.S. Tariffs