Companies importing goods and services into the United States face growing trade enforcement and compliance challenges. Our attorneys help importers navigate this ever-changing environment in order to avoid costly missteps and reduce landed costs, providing advice and guidance on all aspects of import compliance.
Our international trade team represents domestic and foreign companies before Customs and Border Protection and in anti-dumping and countervailing duty proceedings before the U.S. Department of Commerce and U.S. International Trade Commission. We have won numerous outright victories for our clients in initial anti-dumping and countervailing duty investigations by securing negative injury determinations before the U.S. International Trade Commission, a finding that terminates the anti-dumping and countervailing duty investigation.
We have achieved zero anti-dumping duty margins for our clients in initial investigations before the Department of Commerce, a finding that terminates those investigations. Our goal is always to achieve absolute victories, but more often anti-dumping and countervailing duty orders are issued. In that scenario, we ensure our foreign exporter and U.S. importer clients have continued access to the U.S. market by earning and maintaining low or zero margins in administrative reviews, while their competitors are barred from the U.S. market by high anti-dumping and countervailing duties. In our most successful cases, anti-dumping and countervailing duty orders have propelled our clients into being the sole or premier foreign suppliers to the U.S. market.
Our experienced group employs a results-oriented approach to anti-dumping duty and countervailing duty practice before the U.S. government. We are particularly skilled in obtaining favorable surrogate values in non-market economy cases (China and Vietnam) through our contacts in many countries which have been used as surrogate countries in the past.
- Classification and valuation analysis aimed at maximizing landed cost savings through duty reduction or deferral
- Cross-border patent and trademark infringement disputes under Section 337
- Litigating international trade disputes before multinational panels and U.S. federal courts
- Internal audit and compliance reviews
- Customized import compliance training programs
- Free trade agreements and preference programs
- Counseling and representation through the Regulatory Audit process
- Trusted Trader programs (CTPAT, ISA)
- Serving as lead counsel in more than 30 anti-dumping cases involving merchandise as diverse as plywood, preserved mushrooms, magnesia carbon bricks, activated carbon, laminated woven sacks, small diameter graphite electrodes, frozen warmwater shrimp, wooden bedroom furniture, steel nails, wire decking and garlic.
- Representing clients from India in more than 15 anti-dumping cases involving merchandise such as pigment dispersions, carbazole violet pigment, pre-stressed concrete steel wire strand, steel wire rope, phosphonates, preserved mushrooms and glycine.
- Representing several companies in the Indian shrimp industry in the anti-dumping case of Certain Frozen Warmwater Shrimp from India.
- Representing two major Chinese corporations in an international antitrust dispute over exports of bauxite, which is currently being litigated in the Western District of Pennsylvania and at the World Trade Organization.
- Part of a team successfully representing CEMEX during several years of complex and often heated litigation involving cement imports into the United States.
- Represented a U.S. importer in a Lanham Act, New Jersey Consumer Fraud Act, and common law fraud case against a foreign supplier and exporter.
- Representing both foreign and U.S. corporations in patent infringement cases at the International Trade Commission brought under Section 337 of the Tariff Act of 1930 involving complex products such as forensic devices, composite wear components, cigarette lighters, prophylactics and starters and alternators.
- Represented a surgical instrument manufacturing company executive in an FDA and customs fraud indictment.
- Represented a refrigerant company executive in an excise tax evasion indictment.
- Represented a chemical manufacturing corporation in a Country of Origin Marking violation grand jury investigation.
- Represented a metals company director in a customs fraud and Bank Secrecy Act indictment.
- Development and coordination of international trademark protection.
- Assist U.S. and international companies in devising strong trademark portfolios in both domestic and foreign markets and advising on the applicability of international agreements.
- Managing substantial domestic and international trademark portfolios for clients in a variety of industries, including fashion, consumer products and financial services.
- Represented Italian luxury brand in trademark infringement matter in federal court litigation against a handbags accessory company.
- Defending distributor of famous Norwegian cheese brand in trademark and trade dress infringement claims.
- Represented European owner of well-known trademark in opposition to registration of identical mark for diamonds.
- Drafted and negotiated an exclusive U.S. distribution agreement for an Italian wine cooperative.
- Negotiated and drafted agreements for a Brazilian watch company to purchase select trademarks from a U.S. company.
- Representation of a Japanese nutritional supplements and pharmaceutical products company in the procurement and protection of its marks in the United States.
- Representation of a Japanese company in the registration and enforcement of trademarks in the fields of energy and electric systems, industrial automation systems, information and communication systems, electronic devices and home appliances.
- Representation of an Argentine company in connection with the import and sale of wine under various brands.
- Represented an Argentine confectionery company in the protection of its marks in the United States.
- Counseling international Tier I automotive supplier on application of various free trade agreements.
- Conducted internal compliance audits and initiation/perfection of prior disclosures resulting in avoidance of multi-million-dollar penalties for textiles manufacturer.