TRADE SHOWS, MARKETPLACES, AND ONLINE SALES CHANNELS

05 August 2026

Practical Considerations for Doing Business in the United States

The United States remains one of the most attractive markets for Italian companies, but it is also one of the most complex to enter successfully.

Until a few years ago, participating in an international trade show was one of the primary gateways to the U.S. market. Today, however, commercial expansion increasingly relies on an integrated strategy that combines trade shows, digital marketplaces, proprietary e-commerce websites, and local logistics services. While these tools are often viewed simply as alternative sales channels, each may have different legal, tax, and operational implications that should be carefully evaluated before launching business activities.

The first decision, therefore, is not merely selecting the most effective commercial channel, but determining the level of market presence the company intends to establish in the United States. Promoting a product, generating sales leads, selling directly to consumers, or maintaining inventory within the U.S. are fundamentally different activities, each carrying distinct legal and regulatory obligations.

Participating in a U.S. trade show offers an excellent opportunity to showcase products, develop business contacts, and initiate commercial negotiations. However, it is important to distinguish between purely promotional activities and actual sales operations. Executing contracts, accepting purchase orders, or making direct sales during an exhibition may trigger specific tax, licensing, or regulatory requirements.

Equal attention should be paid to the activities performed by personnel traveling from Italy. The nature of their duties, the duration of their stay, and their level of involvement in commercial activities should all be evaluated from an immigration law perspective.

Selling through online marketplaces is often perceived as the easiest and fastest way to reach American consumers. Opening a seller account, however, is only the first step. Companies must ensure proper sales tax compliance, determine whether registration is required in individual states, verify compliance with applicable product regulations, and comply with consumer protection laws. Businesses should also carefully review the platform's terms and conditions. Most marketplaces reserve broad discretionary powers, including the ability to remove listings, suspend seller accounts, or temporarily withhold payments. These provisions can significantly affect business continuity for companies that rely heavily on a single sales channel.

Dependence on a marketplace can easily become operational and financial dependence. Even a temporary account suspension may abruptly interrupt sales, freeze payment flows, and damage customer relationships. For this reason, businesses should evaluate not only the opportunities offered by a marketplace but also the procedures and remedies available in the event of disputes or enforcement actions taken by the platform.

Operating through a proprietary e-commerce website provides greater control over branding and customer relationships but also entails greater responsibility. Companies must prepare appropriate Terms and Conditions of Sale, establish compliant return and refund policies, define warranty procedures, properly manage customers' personal data, and ensure that their products comply with applicable federal and state regulations. In other words, the increased autonomy of a proprietary website comes with increased direct responsibility. Without the marketplace acting as an intermediary, the seller must independently manage the sales process, customer support, complaint handling, and accurate product disclosures.

Another important consideration is logistics. Using warehouses, distribution centers, or fulfillment services within the United States can substantially change a company's operational profile and create obligations beyond those associated with simple cross-border sales from Italy. Maintaining inventory in the United States, or relying on local providers for storage and delivery, may also have significant tax and administrative implications. Companies should therefore carefully negotiate agreements with logistics providers, addressing issues such as product custody, liability for loss or damage, delivery timelines, returns management, and insurance coverage. These elements directly influence the customer experience and, more broadly, the reliability of the entire sales channel.

Choosing a distribution model therefore requires more than evaluating each sales channel individually. Trade shows, marketplaces, direct e-commerce, and logistics services are often components of a single commercial strategy and should be coordinated accordingly, taking into account the degree of control the company wishes to maintain over pricing, branding, customer relationships, and market access.

The real issue is not choosing between physical and digital channels, but understanding the practical consequences of the business model adopted. Sales channels that appear simple and straightforward may generate very different legal and operational obligations depending on the activities performed, sales volumes, inventory location, and the states in which the company operates. For this reason, these issues should be assessed before sales begin and periodically reviewed as the business grows. Opening a warehouse, increasing sales volumes, expanding into additional states, or transitioning from a marketplace to a direct sales model may significantly alter the company's legal and operational framework.

In today's increasingly omnichannel environment, careful planning of contractual, tax, regulatory, and operational matters enables companies to enter the U.S. market with greater confidence, mitigate potential risks, and transform international expansion into a stable and sustainable growth strategy.

Ferretti Firm

The information contained in this article is provided for general informational purposes only and does not constitute, and is not intended to constitute, legal advice or any other form of professional advice. The content does not take into account the specific circumstances of any individual case and should not be relied upon as a basis for making decisions without obtaining appropriate professional advice.