Customs and Trade Litigation
Your supply chain is no longer a back office function, it is the lifeblood of your operations. Done properly, it will be your competitive advantage. Understanding global trading rules and how to leverage them to maximize operating and overhead efficiencies, protect your brand and reputation, and successfully defend a customs case will positively impact your bottom line.
As leading international trade lawyers, we bring deep expertise in this complex area of the law to deliver creative solutions and strategies that drive profitability. We also pack the firepower necessary to successfully defend your company in audits and investigations arising from international trade regulations of the United States, Hong Kong, China and, through our extensive and close relationships, in jurisdictions throughout Europe and Asia.
We offer the following services to our clients:
We represent businesses in litigation involving U.S. Customs laws and regulations. Responding to requests for information or administrative appeals in order to defend against additional liabilities. We regularly assist clients in obtaining rulings on questions of origin, valuation or classification in order to minimize your costs of goods sold. We also provide robust and effective defense in customs audits and inquiries that threaten to raise substantial liabilities. When all other avenues have been exhausted, we stand prepared to protest and ultimately to litigate at the U.S. Court of International Trade where we have a successful track record in high stakes cases.
Some example cases include:
- Inabata Specialty Chemicals v. United States, Successfully litigated a complex tariff classification question concerning chondroitin sulfate and whether it was properly classified under pharmaceutical provisions describing the principal use to which consumers put the product or whether such provisions are reserved for only those compounds approved by the FDA for the uses described by the tariff heading. The U.S. Court of International Trade agreed that the tariff schedule does not condition principal use on the FDA approval for such use. Rather, the actual principal use, as it is known in the market, is the standard applied in a tariff classification analysis; and
- Represented multinational clients in customs audits in the US, China, Japan, Korea and Indonesia.
We represent clients facing investigations and prosecution in connection with U.S. economic and trade sanctions. We advise on matters related to cross-border transfers of sensitive information and materials, as well as liabilities arising out of business transactions with sanctioned individuals and entities.
We represent both Petitioners and Respondents in trade remedies actions in the United States, China and around the world. In the United States, we have a successful track record of representing clients in trade remedy cases before the U.S. International Trade Commission, the U.S. Department of Commerce, and the U.S. Trade Representative, as well as the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.
Some trade remedy cases on which we have acted with successful results:
- Coated Free Sheet Paper from People’s Republic of China
- Fresh Garlic from China
- Frozen Catfish Fillets from Vietnam
- Steel Nails from China
- Antifriction Bearings from Japan and Germany
We routinely advise clients under U.S. export control laws, the Hong Kong strategic commodity ordinance and China’s dual-use and technology transfer export control laws. We have effectively guided clients around the world on highly sensitive transactions and transfers of controlled technology in the semiconductor, biotech, telecommunications, and information security areas.
Our clients are planning or negotiating merger or acquisition transactions with companies that may be impacted by such national security concerns, we have successfully guided them in the unique due diligence required in this area.
We combine unique global expertise with a practical approach while remaining prepared to zealously defend our clients in administrative and legal proceedings where necessary. These formidable capabilities ensure your global business can compete anywhere against any competition.
.Representative matters include:
- Represented large Chinese telecom equipment manufacturer in a complex, multi-faceted investigation involving US sanctions violations and accusations of espionage;
- Accompanied client representatives to hearings before the House Permanent Sub-Committee on Intelligence;
- Advised for a US manufacturer of data storage devices in providing export control advice for its subsidiaries across the Asia Pacific region; and
- Acted for a Singapore semiconductor manufacturer on sanction compliance, US entities list compliance, and export control compliance.
