Our international trade regulation practice includes experience in trade remedies, customs, export controls and sanctions.
- Represented U.S. manufacturers, importers, and foreign exporters in antidumping proceedings and foreign governments and producers in countervailing duty proceedings in the United States;
- Advised foreign Governments on U.S. trade law and policy;
- Advised studios on U.S. countervailing duty proceedings concerning production in Canada;
- Represented some of the largest steel producers in India, the Netherlands, Russia, and the United Kingdom in U.S. antidumping and countervailing duty cases, and numerous other U.S. producers and consumer groups in the Section 201 steel safeguards proceedings in the United States; and,
- Handled a broad range of quota, classification, valuation, origin, marking, post-clearance recovery, penalty, seizure, forfeiture, bond-related and other U.S. customs law matters, including legislative initiatives, administrative procedures and litigation.
- Represented foreign and domestic companies, manufacturers, exporters, and importers before the U.S. Department of Commerce (“DOC”), the International Trade Commission (“ITC”), and the federal courts in import regulatory proceedings;
- Represented clients in some of the most complex and controversial antidumping, countervailing duty, and safeguards cases over the past eight years involving products such as steel (England, India, Netherlands, Russia and the United States), motion pictures (Canada and the United States), metal calendar slides (Japan) and magnesia carbon brick (China); and,
- Represented clients in the negotiation of suspension agreements to settle antidumping disputes and supported the Russian government, at the request of two Russian companies, gain market economy status at the DOC.
Antidumping, Countervailing Duties and Trade Remedies:
Laws in the United States and many other countries allow a country’s domestic manufacturers or producers to allege that the imports of foreign competitors are priced unfairly (called “dumping”) or benefiting from unfair subsidies. U.S. anti-dumping and anti-subsidy proceedings are administered by the Commerce Department (“DOC”) and the International Trade Commission (“ITC”). Affirmative findings result in duties being imposed. Duty rates can be reviewed and potentially changed if requested by an interested party.
We have experience representing foreign and domestic producers, exporters and importers in antidumping and countervailing (anti-subsidy) duties cases in a broad range of industries, including steel, bricks, and metal calendar slides. These restrictions imposed on “unfairly traded” imports are used to “level the playing field” between domestic and imported goods.
The U.S. export control regime is complex, overlapping and ever-changing. Companies that ship or transfer goods, software, technology and services across national borders or that engage in global M&A activity face real compliance challenges. In the case of technology and software, export controls can even affect transfers that occur entirely within the United States or entirely within the European Union.
The U.S. regulations are administered by more than a dozen federal agencies and can be far-reaching, often having extraterritorial effect. Our attorneys have experience with the Export Administration Regulations (EAR) administered by the Commerce Department’s Bureau of Industry and Security (BIS), the International Traffic in Arms Regulations (ITAR) administered by the State Department’s Directorate of Defense Trade Controls (DDTC) and the Foreign Trade Statistics Regulations (FTSR) administered by the Census Bureau.
We help our clients understand these laws and regulations. We also help companies develop and implement export compliance programs designed to facilitate export transactions and withstand government scrutiny. Our lawyers are able to conduct compliance audits or internal investigations of suspected non-compliance, and defend against both civil and criminal enforcement actions.
We have experience in advising clients on traditional customs issues, including tariff classification, valuation, transfer pricing, origin, labeling, trade agreements and preference programs, counterfeits and border enforcement of IP rights, specific customs regimes such as inward processing, duty remission, and special (antidumping and countervailing) duties. We have assisted companies in the evaluation, development, or enhancement of import compliance programs. We have conducted internal reviews and investigations of potentially non-compliant activity and devised remedial measures as warranted. When customs authorities launch formal audits, we are prepared to assist our clients in those proceedings.