International Trade: Representative Matters

• Export Controls and Sanctions
• Customs
• CFIUS
• Duty Recovery and Duty Savings
• Trade Remedies
• WTO, FTA’s & Market Access

Export Controls and Sanctions

• Assistance with classification and licensing on business software with varying levels of encryption
• Enforcement actions related to chemical exports
• Advice on offshore procurement of parts and components for U.S. production
• Establishing compliance procedures for domestic and offshore operations of U.S. manufacturer of industrial fibers
• Classification and licensing advice on aerospace fasteners
• Commodity jurisdiction advice on satellite related software
• Voluntary disclosures arising from due diligence in the acquisition of a U.S. integrated circuit manufacturer involving foreign national engineers
• Achieving commercial export status for routing technology related to satellite communication systems
• Challenges to agency determinations on licensing status of commodities
• Assistance with ITAR advice on Manufacturing License Agreements and Technical Assistance Agreements
• Advising a U.S.-based specialty chemical company on a transaction that involved “red flags” the indicated a potential diversion to an embargoed country
• Conducting internal compliance reviews for companies facing exposure to penalties
• Representation of companies during investigations of alleged export control violations
• Preparation of voluntary disclosures related to export violations
• Establishment of training programs, conducting training, and creating and implementing internal compliance programs
• Advising a U.S.-based construction company on a construction contract for a company in Jordan in which Iraq and Libya held minority interests
• Advising a European-based chemical engineering company on the scope and application of U.S. sanctions on Iran
• Advising a U.S.-based company that provides seismic survey services on U.S. sanctions on Iran
• Advising a manufacturer of flow control devices and its foreign subsidiaries on permissible and prohibited activities involving Iraq
• Advising a global communications satellite consortium about permissible and prohibited activities of its U.S. employees and board members abroad in relation to all of the embargoed countries
• Analyzing and advising on specific transactions proposed by a U.S. telecommunications company involving certain embargoed countries
• Conducted an internal investigation at a major aerospace company, which involved potential violations of the embargoes
• Regularly advising a major U.S. airline on Cuba and other embargo issues
• Advising a U.S. telecommunications company on the use of internet telephony protocol for services to Iran, Iraq and Cuba
• Advising a multinational company in Japan on issues involving reexports of U.S.-origin goods to Iran and manufacturing in Japan with U.S. parts and components
• Advising a U.S. aircraft parts manufacturer on the scope and extent of U.S. sanctions regulations related to Iran (and then Iraq and Libya)
• Advising the European operations of a major U.S. consumer goods manufacturer on reexport controls related to U.S. sanctions on Iran
• Advising a California-based producer of agricultural commodities on the scope of Treasury Department authorizations related to sales of agricultural commodities to Iran
• Assisting a U.S. software company in an enforcement case involving the (then) U.S. sanctions on Yugoslavia
• Advising a U.S. reinsurance company on the scope of the U.S. trade embargo on Cuba
• Advising a multinational trading company on issues involving reexports of U.S.-origin goods to Iran and manufacturing abroad with U.S. parts and components
• Advising a European-based chemical engineering company on the scope and application of U.S. sanctions on Iran
• Advising the U.S. subsidiary of a foreign-owned mining company on the scope and application of the Cuban trade embargo and the Helms-Burton Act as applied to their foreign parent
• Advising a U.S. manufacturer of medical devices on export licensing requirements for Sudan

Customs

• Assisted a global manufacturer realize millions of dollars in duty refunds and duty savings based on a novel interpretation of the NAFTA rules of origin related to U.S. exports of home appliances.
• Assisted a global chemical manufacturer with establishment of a duty drawback program, and obtained favorable, complex drawback rulings allowing for millions of dollars in duty refunds and future duty savings.
• Analyzed sourcing and selling operations for a global chemical manufacturer and identified $15 million in cost saving opportunities available through the use of free trade agreements.
• Assisted a global producer of production equipment and vehicles with establishment of foreign trade zones allowing for over $1 million per year in total cost savings.
• Obtained accelerated tariff reductions under NAFTA and CAFTA-DR trade agreements under administrative and multilateral negotiation processes, providing millions of dollars in duty refunds for table ware and home furnishing industries.
• Obtained favorable tariff classification decisions in the North American, EU and Asian markets through local administrative and judicial proceedings as well as through multinational dispute mechanisms and negotiations (e.g., WCO, WTO, ITA, NAFTA) involving electronics, chemicals, agricultural products, textile and apparel, consumer products, transportation, and manufacturing equipment industries.
• Obtained favorable customs valuation decisions in the North American, EU and Asian markets, which resulted in substantial duty savings in related party and multi-party transactions.
• Assisted in obtaining changes to the rules of origin for existing free trade agreements, including NAFTA, through multilateral negotiations and administrative proceedings to allow chemical, agricultural, textile, electronic, and petroleum industries to realize millions of dollars in duty savings.
• Obtained U.S. legislation providing permanent and temporary tariff relief for high tech, chemical, plastic, agricultural, pharmaceutical, food, home appliance, and other industries securing over $80 million in duty savings.
• Obtained duty refunds in the EU and U.S. by challenging assessment of antidumping and countervailing duties on chemical, steel, and agricultural productions.
• Obtained duty-free treatment on specific high-tech and pharmaceutical products through multinational negotiations and international "zero-for-zero" tariff agreements on Information Technology and Pharmaceutical Products.
• Obtained over $30 million in export tax refunds via active participation in U.S. litigation.
• Challenged attempts to put agricultural and other products on U.S. and EU safeguard duty retaliation lists which resulted in millions in duty savings and avoidance of additional duties.
• Assisted with world-wide free trade negotiations to help obtain immediate duty free treatment and market access for the following products and industries: transportation, high-tech, agricultural, chemicals, tobacco, apparel, pharmaceuticals, auto parts, and Fast Moving Consumer Goods (FMCG).
• Assisted multinational companies with securing and maintaining duty-free treatment for imports from lesser developed countries under unilateral tariff preference programs through favorable administrative rulings and review proceedings.
• Assisted foreign governments and U.S. importers with obtaining increased tariff rate quotas and lower tariffs on dairy products.
• Assisted textile and apparel producers in maintaining an exception to U.S. origin requirements and allowing duty free imports of apparel components, saving industry millions of dollars per year.
• Represented home textile company in favorable classification dispute before U.S. Customs and Border Protection, the U.S. Court of International Trade and the Court of Appeals for the Federal Circuit.
• Represented a top 10 U.S. importer in criminal and civil penalty proceedings resulting in a declination of prosecution after grand jury indictment, and cancellation of penalty claims.  
• Defended clients against customs penalty, liquidated damages, detection, seizure and forfeiture actions in administrative and judicial proceedings.
• Counseled importers and exports on valuation issues, including intracompany transfer pricing, first sale rule, agency agreement, royalties, license fees, and assists.
• Advised importers and exporters of automobile, truck, food, agricultural, chemical, machinery and equipment, high tech, pharmaceutical, textile, apparel and footwear, petroleum, and steel products during NAFTA verifications conducted by U.S., Canadian and Mexican customs authorities.
• Assisted clients in establishing import and cargo security programs and become ISA and validated Tier 1 C-TPAT members.
• Assisted clients with customs enforcement of other agency requirements, including FDA, FCC, USDA, EPA, FTC, CPSC, ATF, FWS, DOT, DOC, OFAC and ITC matters.  
• Advised clients on customs enforcement of intellectual property rights, including copyright and trademark registration, and section 337 exclusion orders.
• Counseled clients on country-of-origin marking requirements, including requirements to comply with government contract and procurement rules.
• Assisted clients obtain significant duty savings through EU duty suspension proceedings.
• Counseled importers, producers and retailers during customs focused assessment and other audits, resulting in CBP findings of acceptable risk, without payment of additional duties.  
• Assisted clients in taking advantage of special tariff programs, such as government sales, agricultural instruments, Nairobi Protocol goods, American goods returned, goods previously imported and prototypes, saving clients millions in duties.
• Representation of a textile and apparel importer on valuation, sourcing, quota, classification, and origin issues.
• Representation of a foreign government to expand diary quota limits and use.
• Representation of a major U.S. distributor of office products in a criminal and civil investigation of its imports from China, which were alleged to have been manufactured using prison labor.
• Representation of an importer of herbicides from Brazil in litigation before the Court of International Trade and in administrative proceedings before the Customs Services.  The litigation arose from Customs service claims that the importer under-valued its imports.
• Representation of a California producer of aerospace fasteners in litigation brought by the Customs Service alleging fraudulent importations.
• Litigation before the CIT concerning eligibility of a particular manufacturing process for drawback.
• Litigation of a 592 penalty proceeding before Customs concerning valuation of chemicals from Australia and France.
• Representation of off-road vehicle manufacturer, agricultural, food and beverage, petroleum and high-tech businesses in HS classification proceedings before the WCO.  

CFIUS

• Representation of Canadian investment fund investing in U.S. manufacturer of rocket motor and vehicles.
• Counseling U.S. companies investigating potential sales to foreign investors of chemical businesses; military and space cable and connectors business; and sensitive space sensors and guidance equipment.
• Representation of national service company in merger transaction with respect to all aspects of CFIUS regulations and export controls matters.  Our representation included negotiating a Special Security Agreement and handling contract issues related to top secret and Yankee white clearance designations.
• Representation of specialty manufacturer of military spray coatings on all aspects of CFIUS filing and Special Security Agreements.
• Counseling large conglomerate on applicability of CFIUS regulations and filing, including ownership of specialized assets such as a short line railroad and deepwater port.
• Representation of German software company acquiring U.S. software company serving the intelligence community.
• Representation of French government-owned entity in acquisition of U.S. overnight package carrier with significant State Department and Homeland Security business.
• Representation of Israeli defense communications and electronics company in acquisition of U.S. avionics company.
• Representation of U.S. systems services provider holding Top Secret clearances by United Kingdom company.
• Representation of U.S. manufacturer of aerospace, defense and undersea electronics equipment by a Bermuda company.

Duty Recovery and Duty Savings

• Analyzed the sourcing and selling operations of a global auto-parts manufacturer in the Asia-Pacific region and identified cost-savings opportunities available through regional free trade agreements and preference programs.
• Assisted a global manufacturer recover millions of dollars in duty refunds and duty savings based on a novel interpretation of the NAFTA rules of origin related to U.S. exports of home appliances.
• Assisted a global chemical manufacturer to establish a duty drawback program, and obtained favorable, complex drawback rulings allowing for millions of dollars in duty refunds and future duty savings.
• Analyzed sourcing and selling operations for a global chemical manufacturer and identified $15 million in cost saving opportunities available through the use of free trade agreements.
• Assisted a global producer of production equipment and vehicles with the establishment of foreign trade zones allowing for over $1 million per year in total cost savings.
• Obtained accelerated tariff reductions under the NAFTA and CAFTA-DR trade agreements through administrative and multilateral negotiation processes, providing millions of dollars in duty refunds for the tableware and home furnishing industries.
• Obtained favorable tariff classification decisions in North American, European, and Asian markets through local administrative and judicial proceedings as well as through multinational dispute mechanisms and negotiations (e,g, WCO, WTO, ITA, NAFTA) involving electronics, chemicals, agricultural products, textile and apparel, consumer products, transportation, and manufacturing equipment industries.  
• Worked to ensure passage of U.S. legislation providing tariff relief for high tech, chemical, plastic, agricultural, pharmaceutical, food, home appliance, and other industries securing over $50 million in duty savings.   
• Obtained duty refunds in the EU and U.S. by challenging assessment of antidumping and countervailing duties on chemical, steel, and agricultural productions.
• Obtained duty-free treatment on specific high-tech and pharmaceutical products through multinational negotiations and international “zero-for-zero” tariff agreements on Information Technology and Pharmaceutical Products.  
• Obtained over $30 million in export tax refunds via active participation in U.S. litigation.
• Challenged attempts to put agricultural and other products on U.S. and EU safeguard duty retaliation lists which resulted in millions in duty savings and avoidance of additional duties.
• Assisted with world-wide free trade negotiations to obtain immediate duty free treatment and market access for the following products and industries:  transportation, high-tech, agricultural, chemicals, tobacco, apparel, pharmaceuticals, auto parts, and Fast Moving Consumer Goods (FMCG).
• Assisted textile and apparel producers to maintain an exception to U.S. origin requirements and allowing duty free imports of apparel components, saving industry millions of dollars per year.     

Trade Remedies

Safeguard Matters

• Certain Steel Products
• Broom Corn Brooms
• Certain Metal Castings

U.S. Antidumping and Countervailing Duty Matters

• Polyester Stable Fibers from China, Korea and Taiwan
• Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, Singapore and the
• United Kingdom
• Diamond Sawblades and Parts Thereof from China and Korea
• Certain Orange Juice from Brazil
• Tetrahydrofurfuryl Alcohol from China
• Hand Trucks and Parts Thereof from China
• Kitchen Appliance Shelving and Racks from China
• Paper Clips from China
• PET Film, Sheet and Strip from China
• Polychloroprene Rubber from Japan
• Polyvinyl Alcohol from Taiwan
• Sodium Metal from France
• Sodium Nitrite from Germany and China
• Wooden Bedroom Furniture from China
• Cased Pencils from China
• Replacement Glass Windshields from China
• Magnesium from China
• Sulfanilic Acid from China
• Candles from China
• Bedroom Furniture from China
• Stainless Steel Plate from Italy
• Stainless Steel Sheet and Strip from Japan, Germany, Italy and Mexico
• Carbon Steel Plate from Germany
• Grain-Oriented Steel from Italy
• Stainless Steel Wire Rod from Germany
• Preserved Mushrooms from China
• Cyanuric Acid and its Chlorinated Derivatives from China
• Fresh Tomatoes from Mexico
• Internal Combustion Forklift Trucks from Japan
• Tart Cherry Juice and Cherry Juice Concentrate Argentina and China
• Uranium from Russia
• Softwood Lumber from Canada
• Stainless steel cookware from Korea
• Porcelain-on-Steel Cookware from Mexico
• PET Film from Korea
• Color Negative Photographic Film from Japan and the Netherlands
• Calcium Aluminate Cement and Clinker from France
• Gray Portland Cement from Mexico and Japan
• Professional Electric Cutting Tools from Japan
• New Steel Rails from the United Kingdom
• Minivans from Japan
• Silicon Metal from Argentina and Brazil
• Ferrosilicon from Brazil
• Small Business Telephones from Japan
• Stainless Steel Bar from India
• Stainless Steel Plate from Sweden
• Certain Pasta from Italy and Turkey
• Heavy Forged Hand Tools With or Without Handles from China
• Fresh and Chilled Atlantic Salmon from Norway

EU Antidumping Matters

• Sodium Metal from the United States
• Seamless Pipes of Iron and Steel from China (2008-2009)
• Stainless Steel Rolled-Cold Flat Products from China, Korea and Taiwan Candles and
• Tapers from China
• PSC Wires and Wire Strands of Non-Alloy Steel from China
• Iron and Steel Fasteners from China
• Monosodium Glutamate from China
• Citric Acid from China (2007)
• Ammonium Nitrate from the Russian Federation – Expiry Review
• Polyvinyl Alcohol from China and Taiwan
• Air Compressors from China
• Persulphates from China, the United States and Taiwan
• Ironing Boards from China
• Compact Recordable Disks (CD-Rs) from Malaysia, Hong Kong and China
• Plastic Bags and Sacks from Thailand, Malaysia and China
• Bed Linen from Pakistan – Interim Review
• Leather Shoes from China and Vietnam
• Safety Shoes from China and India
• Ethyl Alcohol from Pakistan and Guatemala

Brazil Antidumping Matters

• Soda Ash from the United States
• Stainless Steel Sheet and Strip from Germany and Italy

Mexico Antidumping Matters

• Footwear from the People’s Republic of China
• Bicycle Tires from India
• Baby Carriages and Strollers from Taiwan

Guatemala Antidumping Matters

• Gray Portland Cement from Mexico

Singapore Antidumping Matters

• Carbon Steel Reinforcing Bars from Malaysia and Turkey
• Mosquito Coils from Indonesia

WTO, FTA’s & Market Access

WTO and GATT Matters

• European Communities – Measures Affecting Trade in Large Civil Aircraft
• European Communities – Selected Customs Matters
• United States – Final Dumping Determination on Softwood Lumber from Canada
• United States – Investigation of the International Trade Commission in Softwood Lumber
• from Canada
• United States – Standards for Reformulated and Conventional Gasoline
• United States – Antidumping Duties on Imports of Stainless Steel Plate from Sweden
• (GATT)
• United States – Countervailing Duties on Pork from Canada (GATT)

Government Appointments

• Special Consultant to the European Commission, Director General of Trade – Antidumping
• and Anti-Subsidy Matters. Technical training.
• United States Trade Representative (USTR). Appointed by the USTR to roster of
• international antidumping experts to resolve antidumping disputes between signatories to the North American Free Trade Agreement.
• Government of Singapore. Advised on the application of Singapore’s international trade
• regulations, ensuring consistency with its obligations under the General Agreement on Tariffs and Trade.
• Government of Guatemala. Advised on the application of Guatemala’s international trade
• regulations, ensuring consistency with Article VI of the General Agreement on Tariffs and Trade.

Our lawyers, as well as the policy advisors at our consulting affiliate, C&M International, bring together expertise and experience that includes:

Negotiation of numerous FTAs and investment treaties, including:

• U.S.-Israel Free Trade Agreement
• U.S.-Australia Free Trade Agreement
• U.S.-Morocco Free Trade Agreement
• Dominican Republic-Central America-U.S. Free Trade Agreement
• U.S.-Peru Free Trade Agreement
• U.S.-Colombia Free Trade Agreement

Litigation of WTO disputes including:

• European Communities – Measures Affecting Trade in Large Civil Aircraft
• United States – Final Dumping Determination on Softwood Lumber from Canada
• United States – Investigation of the International Trade Commission in Softwood     Lumber from Canada
• European Communities – Selected Customs Matters

Drafting of major U.S. trade legislation, including:

• U.S.-China Relations Act of 2000 (P.L. 106-286)
• Trade Act of 2002 (P.L. 107-210)
• U.S.-Chile Free Trade Agreement Implementation Act (P.L. 108-77)
• U.S.-Singapore Free Trade Agreement Implementation Act (P.L. 108-78)

Highlights