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About the Author

Will Bailey

Will Bailey is a veteran who was born on Kauaʻi, served two tours in Iraq, and now lives on Hawaiʻi island. He attended University of Hawaiʻi Mānoa, UH Hilo and Hawaiʻi Community College. You can reach him by email at columnists@civilbeat.org. Opinions are the author’s own and do not necessarily reflect Civil Beat’s views.

A lost prefab home, a Supreme Court ruling and the reality of who actually absorbs the cost of trade policy.

Months before the last presidential election, my wife and I bought a house. It wasn’t an investment property or a speculative project — just a modest prefab container home from China, about $20,000. Steel walls, a simple frame, nothing elaborate. It was within reach for us, and it felt solid.

It took nearly eight months to build.

We live off grid on the east side of Hawaiʻi island. In the rainy season, when the sun disappears for days at a time, we watch the batteries and run a generator more than we’d like. Living this way forces you to be deliberate — to plan purchases carefully, to save slowly, to avoid stretching beyond what you can carry.



Ideas showcases stories, opinion and analysis about Hawaiʻi, from the state’s sharpest thinkers, to stretch our collective thinking about a problem or an issue. Email news@civilbeat.org to submit an idea or an essay.

The money for the container came from savings and from the back pay I received after being awarded a VA disability rating. My wife works as an elder care nurse in Hilo, and much of those savings were accumulated slowly, shift by shift.

It was finite, and we treated it carefully. The plan was to place the container on a small plot next to the cabin we rent — land my father owns — and build onto it over time. It was a small version of an old American instinct — to put something permanent on land and build from there.

After months of construction overseas, the unit finally shipped across the Pacific. We checked the tracking updates and counted the days. While it was at sea, new tariffs were announced and then took effect.

When the ship arrived, the importer sent us the bill from U.S. Customs. A 30% duty plus port storage and clearance fees had been assessed under the new tariffs. The total owed was over $10,000, and it had to be paid before the container could clear the port.

That money did not exist in our budget. We had committed what we had — savings and my VA back pay — to the purchase itself. Without payment of the duty, the container would not be released. It remained at the port, and the house we had bought stayed there with it — until the contractor was able to resell it to another buyer.

For a while we had sat with the numbers, recalculating, as if there might be a mistake or a different column to look at. There wasn’t. The realization had come slowly: this was the end of it.

Who Pays

Tariffs are often described in sweeping language — leverage, reciprocity, strength. They are framed as penalties imposed on foreign governments, with the implication that someone else absorbs the cost.

At the dock, that abstraction disappears.

Tariffs are collected by U.S. Customs and Border Protection at the port of entry. The importer of record is responsible for paying them before goods are released. The foreign manufacturer does not send a check to Washington, and the invoice price agreed upon with the seller does not automatically shrink to offset the new duty. The tariff is added on top, and until it is paid, the cargo does not move.

That is not a political argument. It is how the system works.

Economic research reflects that mechanism. Studies of prior China tariffs found that 80% to 100% of the cost was passed through to U.S. firms and consumers. More recent analyses of the 2025 tariff wave estimate that roughly 90% of the burden fell domestically. In practical terms, when tariffs rise, import prices rise with them.

In plain terms: the bill is presented here.

Who Absorbs the Shock

Large corporations have the resources to manage sudden cost increases. They can renegotiate contracts, adjust sourcing or spread higher expenses across large customer bases. Disruption, for them, is often an operational problem to solve.

Small contractors, independent retailers and mid-sized businesses operate differently. They commit capital carefully and run on tighter margins. When a shipment arrives with an unexpected surcharge attached, there is often no room to maneuver. The cost lands directly.

Households experience the same exposure. For families operating close to the edge of affordability, a 20% or 30% swing is not a nuisance — it is the difference between moving forward and stopping entirely.

When policy is shaped at levels far removed from that kind of fragility, the consequences can feel abstract. At the dock, they are not.

In Hawaiʻi, where we import most of what we use, that exposure is amplified. When federal policy shifts, prices spike. Contractors pause. Businesses reassess. Families recalibrate.

We recalibrated, and we came up short.

Tariffs imposed by President Donald Trump raised the cost of many goods including those that eventually are shipped to Hawaiʻi. The U.S. Supreme Court recently ruled many of the tariffs were illegal. (David Croxford/Civil Beat/2024)

Who Has the Power

Two days ago, the U.S. Supreme Court addressed the legal foundation of the very tariffs that hit our shipment. In Learning Resources, Inc. v. Trump, the court ruled 6-3 that the International Emergency Economic Powers Act does not authorize the president to impose tariffs.

The majority held that tariffs are a form of taxation — “a branch of the taxing power” — and that the constitution assigns the authority to lay and collect taxes, duties and imposts to Congress. The statute at issue allowed the executive to “regulate” importation during a declared emergency. It did not explicitly authorize the imposition of duties, and the court concluded that such sweeping revenue-raising power required clear congressional delegation.

Whatever one’s view of tariffs as policy, the structure is straightforward: the power to tax belongs to Congress.

Two days after the ruling, President Trump called the decision “terrible” and said he was “ashamed” of the justices who joined it — including two he appointed. Hours later he imposed a new 10% global tariff under a different statute, then raised it to 15%.

Republican leaders in Congress, who control both chambers, have so far declined to introduce legislation granting the explicit authority the court said the president lacks — or even to fast-track relief for small importers caught in the chaos. Some rank-and-file members cheered the ruling as a restoration of constitutional order. Others stayed silent. The uncertainty the framers sought to prevent continues.

The tariffs that added more than $10,000 to our purchase were imposed under that emergency framework.

When policy shifts mid-voyage and thousands of dollars are added to a modest purchase, it does not feel like leverage. It feels like rules changing after the fact.

The court’s ruling does not restore what we lost. Refunds for duties already paid will move through administrative channels and litigation. In cases like ours, where the duty was assessed but not paid and the shipment was abandoned, relief is uncertain.

But the decision clarifies something important.

If tariffs are to be imposed broadly and at high rates, they should be enacted openly by Congress. Lawmakers should debate them, vote on them and accept responsibility for the cost to their constituents. Americans should understand that they — not a foreign treasury — will pay at the point of entry.

When policy shifts mid-voyage and thousands of dollars are added to a modest purchase, it does not feel like leverage. It feels like rules changing after the fact.

For those with deep reserves, that kind of volatility is survivable. For others, it is decisive.

We will keep saving and planning. That is what working families do. But something fundamental shifts when the arithmetic changes overnight.

Sacrifice is not new to this country. What corrodes trust is being told that the sacrifice is happening somewhere else.

At the dock, there are no speeches.

There is only a bill.


Read this next:

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About the Author

Will Bailey

Will Bailey is a veteran who was born on Kauaʻi, served two tours in Iraq, and now lives on Hawaiʻi island. He attended University of Hawaiʻi Mānoa, UH Hilo and Hawaiʻi Community College. You can reach him by email at columnists@civilbeat.org. Opinions are the author’s own and do not necessarily reflect Civil Beat’s views.


Latest Comments (0)

Everything happens for a reason, Will. Keep the dream alive!

Sun_Duck · 3 months ago

Will, I am so very sorry this happened. Thanks for sharing your experience and such a well written article. I'm sure that all of our sense of fairness is offended by the idea of a price of anything changing once the deal is done. It would help us all navigate our own journey if you could break down the costs in detail. It's confusing as to whether it was $10,000 in total tariffs, new tariffs, storage, certificates, etc. What was the tariff amount when you signed on the dotted line? With the tariffs swinging wildly for some time now, what advice do you have for people on a tight budget that are considering a major import purchase? Thanks for shedding light on all of this. I hope you and your family overcome this and end up with a fantastic housing solution.

MenehuneJustice · 3 months ago

Love your writing but sick in my stomach about your experience. I hope you were able to get some of your $20k back. Keep the faith and positive attitude, you are a role model to many!

Kumquat · 3 months ago

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Ideas is the place you'll find essays, analysis and opinion on public affairs in Hawaiʻi. We want to showcase smart ideas about the future of Hawaiʻi, from the state's sharpest thinkers, to stretch our collective thinking about a problem or an issue. Email news@civilbeat.org to submit an idea.

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