NJ Manufacturers Seeking Competitive Advantage Turn to Compliance

As Seen in New Jersey Business Magazine

In today’s uncertain global trade environment, New Jersey manufacturers are discovering that tariff compliance is more than a regulatory obligation – it’s a competitive advantage.

New Jersey sits at the crossroads of U.S. international trade: its ports, logistics infrastructure, and large manufacturing base expose many companies to the challenges and opportunities arising from shifting U.S. trade policies, tariff volatility, and heightened enforcement.

The Department of Justice, in partnership with Homeland Security, recently launched a cross-agency Trade Fraud Task Force to bolster U.S. Customs and Border Protection to pursue enforcement actions against non-compliance with tariff, trade, and customs regulations.

Though intended to level the long-term playing field for U.S. manufacturers, this intensified enforcement regime presents short-term challenges by creating an environment in which a single accidental misclassification can prompt a regulatory audit, inspection, or full-scale investigation. As a result of the enhanced enforcement and whistleblower proliferation, even well-intentioned and compliant manufacturers can find themselves under heightened scrutiny and experience costly business interruptions.

Investing in a compliance program offers New Jersey manufacturers a means not only to mitigate enforcement risk, but also reduce costs, protect margins, and strengthen their market position.

Hallmarks of an Effective Compliance Program

When it comes to a compliance program, there is no one-size-fits-all approach. There are, however, several core components recognized by regulators that contribute to a program’s overall effectiveness, including:

Leadership and Tone at the Top: Compliance begins with business leadership demonstrating clear, visible commitment to ethical and compliant behavior, setting the proper tone for the rest of the organization.
Program Governance: Effective compliance programs have clear structure and assign overall responsibility to specific individual(s) with appropriate authority, adequate autonomy from management, and sufficient resources to implement the compliance program effectively.
Risk Assessment: Regular identification and evaluation of legal, regulatory, and operational risks ensure the program focuses resources where they matter most. For manufacturers, this includes evaluating risks associated with import classifications, valuation, country-of-origin declarations, special trade agreements, and other key areas subject to heightened compliance risk and scrutiny.
Policies and Procedures: Written standards of conduct, compliance policies, and procedures that provide practical guidance are most effective when clearly articulated, periodically revised, and made accessible to all employees and those conducting business on the company’s behalf.
Training and Communication: Ongoing education reinforces compliance expectations, promotes awareness of risk areas relevant to the business, and ensures employees understand their roles in maintaining compliance.
Internal controls and Monitoring: Systems and controls detect and prevent violations, while continuous monitoring of those controls assess the program’s effectiveness. Both functions are vital for effective compliance.
Confidential Reporting and Investigation Mechanisms: Effective programs include mechanisms for employees to report actual or suspected violations on a confidential basis and without fear of retaliation, and mechanisms to comprehensively investigate and document the company’s response, including any corrective measures, remediation, or disciplinary actions taken.
Third-Party Due Diligence: Third parties, including the parties in a manufacturer’s supply chain, can introduce compliance risk. Risk-based due diligence should include some form of monitoring of these relationships and business activities, as well as informing third parties of the company’s compliance programs and commitment to ethical and lawful conduct.
Documentation and Recordkeeping: Effective record keeping is a cornerstone of any strong compliance program. Accurate, complete, and well-organized records provide the evidence necessary to demonstrate that a company is adhering to laws, regulations, and internal policies.
Continuous Improvement: An effective compliance program should constantly evolve, improve, and adapt to the changing environments in which they operate, the laws that govern its actions, and the new and evolving risks presented.

Competitive Advantage

A well-designed and effective compliance program is not merely a legal requirement or burdensome cost; it is a strategic asset that strengthens a company’s position in the marketplace. By embedding compliance into everyday operations, many New Jersey businesses can better detect and prevent operational errors, optimize costs, protect margins, develop supply chain agility and resilience, and build further trust with customers, investors, regulators, and business partners. For tariff compliance assistance, email Laura Crowley and Kevin Tanaka.