Checklist for Belgian SMEs: dealing with increased US import tariffs
30/04/2025
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The recent increase in US import tariffs has direct consequences for Belgian SMEs. Higher costs not only threaten margins but also bring additional legal risks, especially for companies that supply to the US. Acting promptly is essential to mitigate risks. How do you do this concretely?
1. Check your contracts
Review whether your delivery contracts clearly indicate who is responsible for increased import duties. Are there clauses that allow renegotiation or termination in case of sudden cost increases?
2. Force majeure and “hardship”: what can you invoke?
Increased tariffs are generally not considered force majeure. In some cases, you can invoke “hardship” (unforeseen difficulties) to negotiate new terms. Since 2023, “hardship” has been legally regulated in Belgium, but be careful: it can be contractually excluded.
3. Check the applicable law
International sales contracts often fall under the Vienna Convention (CISG). This can provide you with extra protection if a tariff increase seriously hinders the execution of the contract.
4. Pay attention to Incoterms®
The chosen delivery terms (Incoterms®) determine who has to pay import duties. Deliveries under DDP (Delivery Duty Paid) mean that your company bears all import costs. Under EXW (Ex Works), the buyer bears these costs.
5. Use price adjustment clauses
If provided, you can pass on higher costs through a price adjustment clause. According to Belgian law, the price adjustment can affect up to 80% of the final price and must be linked to actual cost increases.
6. Avoid selling at a loss
In Belgium, selling below cost is prohibited, even when import tariffs rise unexpectedly. Exceptions exist but are limited in applicability.
7. Consider your termination rights
Do you have an indefinite agreement? Then you can often terminate it by observing a notice period or paying compensation.
8. Negotiation can solve many issues
Even without explicit clauses, it may be wise to discuss cost distribution with your American customers. Often, both parties benefit from a workable solution.
Our PKF BOFIDI Legal experts are happy to assist you further
Our tip? Make an inventory of your ongoing export contracts to the US. PKF BOFIDI Legal is happy to assist you in analyzing whether renegotiation or adjustment is possible. A proactive approach prevents bigger problems later.
This article was written by Pieter-Jan Van Mierlo and Christophe Piette.