Customs & International Trade

We help clients manage complex issues for their global business activities

• Tariff classification, valuation, transfer-pricing, dutiable assists, royalties, country of origin determinations, substantial transformation analysis, labeling and marking rules and related ruling requests before U.S. Customs and Border Protection (CBP) and the Federal Trade Commission (FTC)
• Qualification for NAFTA and other free trade agreements/trade preference programs
• Qualification for Importer Self-Assessment program (ISA) and Customs-Trade Partnership Against Terrorism (C-TPAT) for assurance of supply chain security
• Detentions, seizures and forfeitures of merchandise by CBP for alleged violation of federal laws and regulations of CBP, FDA, CPSC, EPA, DOJ, FAA, DOT and other federal agencies with jurisdiction
• Responses to Customs requests for information, rate advances, focused assessments, audits, Post Entry Amendments and Post Summary Corrections
• Prior disclosures and mitigation of Customs penalties, offers in compromise and liquidated damages
• Establishment of Foreign Trade Zones, Subzones, and Alternative Site Frameworks (applications/ activation/compliance)
• Avoidance  of AD/CVD duties under Title IV of the Trade Facilitation and Trade Enforcement Act of 2015
• Negotiation and administration of Deferred Prosecution Agreements
• Export licensing of dual-use goods and services before U.S. Department of Commerce (DOC) Bureau of Industry and Security (BIS) under the Export Administration Regulations (EAR)
• Export and temporary import of defense articles and defense services before U.S. Department of State  Directorate of Defense Trade Controls (DDTC) per The International Traffic in Arms Regulations (ITAR)
• Sanctions of embargoed countries, entities, specially designated nationals, and blocked persons under U.S. Department of Treasury Office of Foreign Assets Control (OFAC) and Executive Orders.
• Compliance programs under the National Industrial Security Program (NISP) of the Defense Security Service (DSS)
• Application of anti-boycott rules under the Ribicoff Amendment to The Tax Reform Act of 1976 and the 1977 amendments to the Export Administration Act (EAA) before the BIS Office of Anti-Boycott Compliance (OAC)
• Work products include PowerPoint presentations manuals, workshops, and webinars customized for client timing, guidance, and problem resolution

Our team has a wide level of experience and diverse perspectives

• Former in-house counsel in compliance operations
• Former general counsel

Our clients are in manufacturing and service industry sectors

• Fortune 50 companies
• Privately held companies
• Businesses with global operations
• Heavily regulated companies
• Domestic and international manufacturers, distributors and sales agencies
• Domestic and foreign exporters and resellers
• Importers
• Freight forwarders
• Retailers
• Trade associations

Client businesses focus on a wide range of products such as cybersecurity hardware and software, information technology, electronics, automobiles, aircraft, steel products, ball bearings, chemicals, pharmaceuticals, nutritional supplements, medical devices, textiles, apparel, footwear, home furnishings, consumer products and personal care products. Some clients which have in-house multidisciplinary governance teams, and others which have designated professionals leading global import and export compliance efforts, engage our team to assist in audits and determinations on application of attorney client privilege protections and voluntary disclosure processes.

Our customs and international trade team can help your company navigate regulatory regimes without impeding company growth

• By helping your company establish and adhere to a global compliance program, the company can avoid needless entry delay of shipments, customs inspections, detentions, seizures, and penalties
• With proper planning, we also can help your company minimize or eliminate duties through free trade agreements and trade preference programs
• We also can help you pursue export opportunities which lead to company growth

Our customs and international trade services help you

• Achieve global compliance and establish internal controls to minimize costs in connection with goods being entered and exported from the U.S.
• Conduct in-house training to support company adherence to compliance regulations and programs
• Undertake steps to develop successful export markets through careful review of regulatory regimes including export controls and trade sanctions under BIS (EAR), DDTC (ITAR) and OFAC rules
• Adopt an informed approach to global sourcing so that products subject to AD/CVD orders with large duties are to be avoided through alternative sourcing  

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

• Customs ruling requests
• Section 301 tariff exclusions
• ADD/CVD Scope analysis quartz surface products
• Tariff classification, valuation, transfer-pricing, dutiable assists, royalties, country of origin determinations, substantial transformation analysis, labeling and marking rules and related ruling requests before U.S. Customs and Border Protection (CBP) and the Federal Trade Commission (FTC) 
• Qualification for NAFTA and other free trade agreements/trade preference programs
• Qualification for Importer Self-Assessment (ISA) and Customs-Trade Partnership Against Terrorism (C-TPAT) programs for supply chain security 
• Detentions, seizures and forfeitures of merchandise by CBP for alleged violation of federal laws and regulations of CBP, FDA, CPSC, EPA, DOJ, FAA, DOT and other federal agencies with jurisdiction
• Responses to Customs requests for information, rate advances, focused assessments, audits, Post Entry Amendments and Post Summary Corrections 
• International commercial and business cross border transactions 
• Related litigation and agency appearances

Government Compliance Representation

• Helped client achieve refunds in excess of one million dollars after BP Headquarters voided the protest denial decision of a southern port of entry that had improperly over-collected duties on petroleum-based imports
• Provided legal opinion to consumer products company that products were substantially transformed to confer U.S. country of origin from changes in form, appearance, nature, and character through U.S. processing operations, thereby effecting a change of tariff classification
• Assisted manufacturer of plastic products imported using components successful completion of a Focus Assessment Program (FAP) audit by US ICE
• Represented a tire importer in defense of Safeguard Duties proposed by CBP on tires imported from China
• Cooperative Research & Development Agreement (CRADA) negotiation (US SOCOM)