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5 Key Takeaways from APPA's November Office Hours

Written by Patrick O'Brien | Dec 2, 2025 1:12:41 PM

At APPA’s November Trade Talks Open Office Hours, one thing became crystal clear: tariffs and trade policy are not going back to “normal” anytime soon, but pet industry companies do have options to protect themselves and prepare for what’s coming next.

This month APPA added two new government relations experts to our trade & tariff resource panel. This is part of a key APPA initiative and membership benefit designed to help our members navigate the ever-evolving trade landscape and create a pathway to future success.

Our panel of experts now includes Rebecca Rizutti (Progressive Trade Consulting), Rafe Morrissey (Morrissey Strategic Partners), and Craig Brightup (The Brightup Group). Which now gives APPA members insights to not only the logistics side of trade, but the legislative side.

We once again walked APPA members through the fast-moving developments in Washington, what’s really at stake in the courts, and the practical steps every importer should be taking now, not later.

As we enter the critical holiday season, we realize that our members’ time is not only valuable, but very limited. Therefore, we are breaking down five of the biggest takeaways from that conversation.

1. The Supreme Court case is huge…and it may be messy

Much of the discussion focused on the Supreme Court’s review of the IEEPA-based and reciprocal tariffs. The Court is essentially deciding whether the president exceeded his authority when using emergency powers to impose these tariffs.

Rafe explained that lower courts have already ruled that the tariffs were outside the president’s statutory authority, and the Supreme Court can either:

  • Affirm those decisions, making the tariffs illegal and potentially opening the door to refunds.
  • Overturn them, upholding the tariffs as lawful and effectively forcing importers to push for a formal exemption process through Congress.
  • Land in the middle, upholding some tariff uses (like fentanyl-related actions) while striking others based on trade deficits, which would create maximum uncertainty and complexity for businesses.

Craig underscored how complicated the refund side could be. Justice Amy Coney Barrett bluntly asked whether a ruling against the tariffs would make the refund process “a big mess”, and the answer, realistically, is yes. The Court may very well kick the details back to the Court of International Trade, leaving importers to navigate a long, technical process with no guarantees.

The bottom line: this decision could unlock refund opportunities, but only for companies that are prepared and properly positioned.

2. If you’re not preparing for refunds, you may be locking yourself out

Rebecca led the panel in an in-depth conversation regarding practical business logistics surrounding the potential court ruling: timelines and paperwork.

Here’s the critical sequence she laid out:

  • Most “Type 01” entries liquidate 365 days after entry.
  • Many of the early IEEPA entries were filed in February, meaning they are now within 270+ days, and some will begin hitting liquidation in the coming months.
  • Once an entry liquidates, you get only 180 days to file a protest.

To protect your ability to seek a refund, even if we don’t yet know if refunds will be available, you should be:

  1. Pulling reports of all entries that have been subject to IEEPA/reciprocal tariffs.
  2. Tracking liquidation timelines for each of those entries.
  3. Requesting extensions of liquidation through your Center of Excellence (or directly with Customs via your broker), ideally in grouped time periods.
  4. Planning for protests if entries do liquidate.

Rebecca was candid with our audience and panel when she explained that if you do nothing now and simply wait for the Supreme Court’s ruling, you may find yourself shut out of any refund path later.

That concern is very real. During our call, we shared poll results from the session which indicated that about 65% of attendees said they have not yet started identifying entries subject to these tariffs. If you’re in that group, the time to move is now.

3. Tariffs aren’t going away…they’re evolving

Even if the Supreme Court strikes down the IEEPA based tariffs, no one on the panel believes we’re going back to the pre-Trump era of near-frictionless trade.
Rafe put it bluntly: there is no realistic path back to a “tariff-free” world. The more likely future is a patchwork of different authorities and tools:

  • Section 301 of the Trade Act of 1974, which already underpins many China tariffs and includes a structured investigation and exemption process
  • Section 232, focused on national security for steel, aluminum, and other strategic materials
  • Other lesser used tools (like Sections 122 and 338) that could be dusted off and tested in court as “Plan B,” “Plan C,” and “Plan D.”

Rebecca noted that we’re already seeing products quietly migrate from IEEPA to 232 tariffs, especially in steel, aluminum, automotive, minerals, and similar sectors. That shift offers the administration a kind of “back door” option even if IEEPA authority is limited, tariffs can still live on under alternate statutes.

Craig added that the White House is almost certainly already working through multiple contingency plans. From a business standpoint, that means one thing: tariff exposure is likely to remain a structural factor for many importers, including those in the pet industry.

4. Volatility is the real killer as businesses need predictability

Several questions from APPA members centered on volatility. If tariffs are here to stay, is it better to at least have a stable, predictable rate?

Both Rafe and Craig emphasized how damaging the “on-again, off-again” nature of tariff policy has been:

  • It complicates hiring decisions and long-term investments.
  • It strains margins and pricing models.
  • It feeds consumer anxiety around inflation and affordability.

In their conversations with CEOs, policymakers are hearing a consistent message: “We can live with tariffs if we know what they are and they don’t change every few months.”

Rafe suggested that many of the recent trade deals seem to be converging toward an implicit “access fee” of roughly 15–20% as a baseline tariff on certain imports. That’s not official policy, but it’s a useful mental model for companies thinking about long-term planning.

5. China, rare earths, and a fragile one-year truce

The panel also unpacked the recent one-year trade “truce” with China, which includes:

  • China delaying new export controls on rare earth minerals and magnets (critical inputs for electronics and defense systems)
  • The U.S. delaying an additional 100% tariff on certain Chinese imports
  • Chinese commitments to purchase significant volumes of U.S. soybeans over the next several years
  • The U.S. easing certain port fees and reducing some China specific tariffs (including on fentanyl-related items).

On paper, that’s a welcome pause, but as Rafe pointed out, early reports suggest that China has not fully lived up to its soybean purchase commitments yet. That creates a political and economic dilemma:

  • Farmers are already strained and are a powerful political constituency.
  •  Businesses and consumers are exhausted by volatility and price increases.

If China drags its feet, pressure will grow to ramp tariffs back up, even as the administration tries to keep things calm heading into an election cycle. For APPA members, the key takeaway is that this truce is not permanent and may not be as stable as headlines suggest.

 

What's Next?

We wrapped up an information packed session with a poll of our expert panelist asking them for one thing to do now. Pulling those together, here’s a consolidated action list:

1.    Start tracking your liquidation dates immediately.

  • Identify all entries subject to IEEPA/reciprocal tariffs.
  • Work with your broker(s) to request liquidation extensions where appropriate.

2. Review your customs bond.

  • Make sure your bond levels reflect the elevated tariff amounts you’ve been paying.
  • Understand that repeatedly renewing too-low bonds can stack liability over time.

3. Form an internal task force.

  • Don’t keep this “close to the vest” in one department.
  • Include finance, legal, supply chain, and commercial leaders so everyone understands the risk and the plan.

4. Monitor exemptions and new trade deals that touch your inputs.

Especially for agricultural products, raw materials, and components used in pet food and hard goods.

5. Lean on APPA and our experts.

  • If your question is too specific or sensitive for an open forum, APPA members can request one-on-one consultations at no cost to your company.
  • Use these sessions to stress test your current approach and ensure you’re not missing a key deadline or opportunity.

Tariff policy may be volatile, but inaction is the most dangerous position of all. The November Trade Talks session made it clear: you can’t control the Supreme Court, Congress, or foreign governments, but you can control how prepared your company is.

By tracking your entries, protecting your rights to protest and refunds, reassessing your bond and exposure, and staying plugged into APPA’s advocacy and education resources, you’ll be far better positioned for whatever comes out of Washington in the months ahead.

Make sure you join our expert panelist December 17th at 3pm EST for our final Open Office Hours of the year. Register now and prepare to get answers to your most pressing business questions.

In addition, please don’t forget that as a benefit of your APPA membership, you can set up a free no strings attached meeting with Rebecca and her team to individually answer your questions specific to your business regarding trade logistics. If you are interested, please just contact your APPA Sales Team member to help set up the appointment.