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International Trade and Compliance

TRADE REMEDIES
The U.S. has a complex system of laws governing international trade and the import of various goods. The governing statutes contain specific requirements for conducting investigations before the International Trade Commission (ITC) and the Department of Commerce (depending on the type of investigation). Counsel must have the legal and technical support necessary to deal effectively with these time demands.

The International practice group represents clients dealing with domestic and international trade regulation in the areas of antidumping and countervailing duties (Sections 701 and 731), import relief under the escape clause (Section 201), import infringement of patents, trademarks and copyrights (Section 337) and China safeguard investigations (Section 421). Members of International Practice Group have practiced before the ITC and are admitted before the Court of International Trade and the Court of Appeals for the Federal Circuit.

CUSTOMS/IMPORTATION
The International practice group counsels clients in transactions involving the movement of goods, services, or capital across borders. Assistance and representation are provided with respect to all laws administered by the United States Customs and Border Protection, including tariff-rates, the classification and valuation of imported merchandise, bonded warehouse operations, temporary importation under bond (TIB), duty drawback, penalties, liquidated damage claims, seizures and forfeiture proceedings, country-of origin marking and other labeling requirements, quotas, and preferential tariff programs and free trade agreements like NAFTA and GSP. International attorneys work with clients to conduct customs audits that identify past violations and to develop programs to promote compliance with the customs laws. The group also specializes in helping clients benefit from certain preferential trade arrangements when they are determining where to establish manufacturing operations overseas.

EXPORT AND COMPLIANCE
U.S. manufacturers are increasingly finding customers overseas for their goods and services and are encountering the multifaceted system of export controls in place in the United States. Even U.S. companies that have only domestic customers may be exporting technical data, under the deemed export rule, if controlled technical data is available to their foreign employees in the United States. International attorneys assist with export control, licensing and compliance involved in the export of U.S. products under the Export Administration Act and Regulations (EAA/EAR), the Arms Export Control Act and Regulations (AECA/ITAR), and the Foreign Assets Control Regulations. Assistance is also provided with sanctions programs, boycott and anti-boycott regulations, and the denied and debarred persons lists.

FOREIGN CORRUPT PRACTICES ACT (FCPA)
Another important area of practice involves counseling clients about compliance with U.S. laws that regulate international transactions such as the Foreign Corrupt Practices Act (FCPA). The International practice group assists U.S. and multinational corporations in meeting their obligations under the FCPA and applicable international anti-corruption conventions, including the OECD Anti-Bribery Convention, the U.N. Convention Against Corruption and the Inter-American Convention Against Corruption. In addition to helping clients comply with trading regulations, clients are represented when potential problems or violations arise.

COMPLIANCE REVIEWS AND AUDITS
The International practice group uses a team approach tailored to each client to regularly assist with conducting outside audits of clients’ existing trade compliance programs as well as the implementation of new trade compliance programs covering FCPA, customs and importation, export controls, sanctions and embargos and boycott-antiboycott. This approach typically involves a documentation review, on-site audit and preparation of a report detailing target areas for improvement and a specific implementation plan.

REPRESENTATIVE MATTERS

  • Represented a client respondent before the ITC and Court of Appeals for the Federal Circuit regarding case No. 337- TA-406, Certain Lens Fitted Film Packages
  • Represented a interested party client before the ITC in case No. 731-TA-1071, Magnesium from China and Russia
  • Represented a client before ITC in second ever action under Section 421, Case No. TA-421-2, Certain Wire Garment Hangers from China
  • Assisted a client with worldwide global customs duty reduction using various Free Trade Agreement networks with Europe, the U.S. and Latin America
  • Conducted FCPA reviews and training in China for multinationals including targeted training
  • Represented a client before U.S. Customs and Border control with regard to re-classification ruling and notice to redeliver
  • Assisted a client in internal compliance review and establishment of compliance system regarding exportation of products and U.S. export controls

For more information, please contact one of our International Trade and Compliance attorneys.