Tariffs and the Americans with Disabilities Act’s Title II requirements were two of the hot-button issues discussed at the Book Industry Study Group’s webinar held February 3.

Unsurprisingly, Jack Stevens, president of Woodland Group, said what will happen with tariffs this year remains highly “unpredictable.” One reason for the uncertainty, Stevens explained, is that the Trump Administration uses tariffs as a political tool to achieve its objectives rather than as a way to address trade imbalances. He noted that books have largely been exempt from tariffs to date, but added that it is hard to say with any certainty if that will remain the case should Trump decide to level new tariffs.

The uncertainty around tariffs is heightened by the looming Supreme Court decision over whether the International Emergency Economic Powers Act Trump used to impose tariffs without congressional approval is unconstitutional.

If the court goes against Trump, there is the potential that tariffs collected under the executive order could be refunded, something Stevens said would likely be “an administrative and logistical nightmare” for the government. Stevens advised that publishers and printers should be sure they are set up properly in the Custom & Border Protection’s Automated Clearinghouse (ACH) program to be in a position to collect any refunds.

Given all the uncertainties, Stevens advised publishers to control whatever they can control to be in the best position possible when something unexpected happens.

Another wildcard involving tariffs and trade is the status of the United States-Mexico-Canada Agreement (USMCA), which is due to be renewed by the summer. It was because of the USMCA that books and paper coming from Canada and Mexico were largely spared from the tariffs, but whether the agreement will be renewed is an open question.

While the U.S. and Mexico have opened discussions, nothing is in the works with Canada. Given the poor state of U.S-Canadian relations and the Trump administration’s preference for doing bilateral agreements rather than multinational deals, Elizabeth Bartheld, VP of global government relations at paper manufacturer Sylvamo, said she doesn’t see at the moment how Canada would fit in to a new USMCA.

Meanwhile, despite the ADA’s Title II requirements having been on the books for a number of years, some publishers have ignored them, Rachel Comerford, senior director of accessibility at Macmillan Learning, said.

She explained that the act requires state and local governments to ensure that all their programs and services are accessible to people with disabilities. She added that after some deliberating by the Department of Justice, e-books, apps, websites and other digital media are covered by Title II. That means public entities such as libraries and schools must use digital content that is in compliance with the Act, Comerford said. Moreover, she continued, schools that receive government funding also must be in compliance.

“There is a broader shift in accessibility requirements,” she said. "It’s no longer niche.”

Comerford said Macmillan is seeing more of its customers demanding additional accessibility documentation as part of contracts, and she stressed these customers expect publishers and other vendors to take legal responsibility to ensure that the content is accessible.

“The responsibility floats upstream to publishers, platform providers and to distributors,” she said, urging publishers to take a more “proactive approach to making content and platforms accessible.”

Comerford stressed that publishers should ensure their digital products meet Title II requirements not only because more customers are requesting it, but also because states are starting to introduce legislation that will impose fines if products don’t meet the required standards.

“It’s getting very, very serious,” she said about stricter enforcement of Title II requirements. “It’s been a long time in coming.”