INTERNATIONAL TRADE REMEDIES AND LITIGATION, TRADE POLICY AND CUSTOMS: DESCRIPTION

Trade Remedies and Specialized U.S. Trade Litigation

McKenna Long & Aldridge’s International Trade attorneys have extensive experience representing clients in a full range of trade remedy proceedings under U.S. trade laws, including antidumping and countervailing duty investigations and reviews, escape clause actions and Section 301 proceedings. 

In addition, members of our International Trade practice have advised exporters on antidumping proceedings in other countries, including successfully representing the sole responding U.S. producer in the first antidumping case brought by China against the United States after China joined the WTO (a case that was terminated by China, based upon our attorney’s efforts).  Our team has also assisted clients in cases brought by India, the European Community, Japan, Korea and Mexico.

Working with MLA’s Intellectual Property and Technology practice, our International Trade attorneys also provide clients with technical counsel and litigation support for investigations into claims of infringement in import trade under Section 337, including recent cases involving laminated floor panels and wireless telephone devices.

Representative Matters

• Handled antidumping and countervailing duty cases on behalf of both petitioners and respondents, covering a range of products and source countries, including:
  • Semiconductors from Japan
  • Uranium from Russia
  • Steel plate and stainless steel from Germany
  • Line pipe and OCTG from Germany
  • Foundry and furnace coke from China
  •  Lined paper from China
  • Bedroom furniture from China
  • Live swine from Canada
  • Color picture tubes from Korea
  • Color televisions from Korea
  • Ferrosilicon from Kazakhstan
  • Silicon metal from Russia
  • Forklift trucks from Japan
  • Cut-to-length carbon steel plate from Mexico
  • Cut-to-length carbon-quality steel plate from Korea
  • Stainless steel bars and wire rod from Korea
  • Stainless steel sheet and strip from France
  • Steel concrete reinforcing bars and structural steel beams from Korea
  • Circular welded non-alloy steel pipe from Mexico
  • Oil country tubular goods from Canada
  • Oil country tubular goods from Mexico
  • Stainless steel butt-weld pipe fittings from Korea
  • DRAMs from Korea
  • Polyethylene terephthalate film (PET) from Korea
  • Synthetic rubber from Korea
• Represented governments and private companies in WTO dispute-settlement proceedings, including the first successful challenge by the government of Korea against the U.S. antidumping laws.
• Counseled clients on European Union antidumping cases before European and Turkish authorities and at the WTO level.
• Advised on the conformity of European Community Directives with WTO obligations, with an emphasis on the general chemicals sector. 

Trade Policy/Trade Agreements

MLA's International Trade Policy practitioners include attorneys and professionals from our International Trade practice and Government Affairs group who have served as Ambassadors, in key positions on Capitol Hill and in the U.S. Executive Branch, including the U.S. Department of Commerce and U.S. Trade Representative (USTR), and in state governments.  Our professionals have participated directly in the negotiation and implementation of international trade agreements, including the Pacific salmon fishing rights agreement, a Canadian exemption from U.S. export licensing rules, an agreement on a decades-long dispute on Canadian advertising in U.S. magazines, the softwood lumber dispute, the Uruguay Round Agreements and NAFTA.  They routinely provide trade policy advice to clients on trade agreements, trade-related legislation and regulatory issues.  Our strategic counseling covers bilateral and multilateral trade and investment issues and assistance with negotiations aimed at opening foreign markets.  We also work with U.S. Government agencies on behalf of our clients to help resolve trade disputes in other countries.  

MLA's Trade Policy team represents clients before USTR, Congressional committees, such as House Ways and Means and Senate Finance, and the Departments of State, Treasury, Defense, Homeland Security and Commerce.  We also represent clients before foreign governments and the European Commission through our European Union practice.

Representative Matters

• Obtained support of client’s congressional delegation, trade committee staff and members of interagency group in a Section 337 Presidential Review. 
• Obtained support of USTR, the Departments of Commerce and State and numerous senators and representatives in an effort to resolve an investment dispute in South Africa on behalf of our client.
• Advise and assist the Canadian American Business Council on trade policy issues of interest to its membership. 
• Work with USTR on market-opening matters in Japan on behalf of insurance sector.
• Provided detailed analysis of possible infringement of GATT and TBT agreements by European Community Directive for EU industry association.
• Testified on behalf of the American Bar Association on the 1988 FCPA amendments, in particular, deletion of the “reason to know” requirement.

Trade Litigation

McKenna Long & Aldridge’s International Trade practice experience includes advocacy on trade and customs issues before the U.S. Court of International Trade (which has exclusive jurisdiction over tariff and trade disputes), U.S. Court of Appeals for the Federal Circuit and U.S. Supreme Court.  We have also been involved with WTO and NAFTA dispute resolution cases.

Representative Matters

• Represented 85 exporters in litigation involving the unconstitutional Harbor Maintenance Tax, handling the test case that permitted our clients to recover $165 million in taxes paid as far back as 1987.
• Served as counsel or panelists in disputes resolved by CFTA/NAFTA Chapter 19 panels.
• Litigated numerous antidumping and countervailing duty cases representing plaintiffs, defendants or defendant-intervenors before the Court of International Trade and Federal Circuit Court of Appeals.

Customs

MLA’s International practitioners provide counseling and representation on a full range of matters arising under U.S. customs laws, including tariff classifications and valuations, duty drawback claims, country-of-origin determinations, tariff preference programs, foreign trade zones and enforcement proceedings.  MLA’s European Union practice also counsels clients on customs matters in the EU.

Representative Matters

• Represented foreign client in obtaining the return of imported merchandise seized for trademark violations, with payment of minimum penalty.
• Advised and represented clients on duty preference issues under CAFTA and GSP.
• Counseled clients with prior disclosures related to country-of-origin and drawback errors.
• Assisted client in obtaining return of antidumping duties improperly collected by U.S. Customs.
• Lodged BTI applications and requested refunds of overpaid duties.
• Defended client in criminal indictment (all charges dismissed) in fraudulent customs marking/origin matters.
• Successfully represented client in criminal case alleging fraudulent country-of-origin markings (the longest-running grand jury investigation in the history of the state of Michigan).