Government regulation of international trade is pervasive. The attorneys of deKieffer & Horgan have the training and experience needed to help clients respond effectively whenever the United States government intervenes in their international transactions.
For more than thirty years, our mission has been to provide timely, reliable legal advice that will help our clients compete successfully in international business by minimizing transactional costs, insuring adherence to the law and promoting effective interaction with the responsible government agencies. This means helping our clients deal effectively with United States customs laws, export control regulations and antidumping and countervailing duty investigations. We have extensive experience with the United States government courts and agencies that have the greatest impact on international trade, including the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, the Office of the United States Trade Representative, United States Customs and Border Protection, the Treasury Department, the Department of Commerce, the International Trade Commission, and the Department of State.
Government regulation of international trade is pervasive. deKieffer & Horgan attorneys have the training and experience to help you effectively respond when the U.S. Government intervenes in international transactions.
Antidumping and Countervailing Duty Investigations
Imported merchandise may be subject to antidumping duties if it is sold for export to the United States at less than normal value. Imports may also be subject to countervailing duties if a foreign producer benefits from prohibited government subsidies.
deKieffer & Horgan attorneys work with clients during all stages of antidumping and countervailing duty proceedings, including investigations, annual reviews and sunset reviews, as well as judicial review of agency determinations in the Court of International Trade and the Court of Appeals for the Federal Circuit. We have represented both petitioners and respondents and handle both the DOC and the ITC phases of these investigations. We also counsel foreign clients and their importers on practices that will minimize their exposure to antidumping or countervailing duty assessments in the event their products become subject to an investigation.
deKieffer & Horgan experience in antidumping investigations stretches back more than thirty years. Its antidumping group is composed of attorneys who have clerked at the Court of International Trade, served in the agencies responsible for administering the antidumping laws, produced scholarly and practical publications on antidumping, and, most important, successfully represented hundreds of companies in antidumping investigations.
Customs Counseling, Litigation, and Enforcement
The United States government maintains a complex regulatory system for the collection of customs duties based on the classification, valuation and origin of imported merchandise.
Violations of these regulations can lead to both civil and criminal penalties. The principal agency responsible for enforcing United States import regulations is U.S. Customs and Border Protection ('CBP').
We represent interested parties in disputes with CBP as to the proper tariff treatment of imported merchandise and in penalty actions arising from alleged violations of United States import laws and regulations. The actions of CBP are generally subject to judicial review in the United States Court of International Trade. We regularly handle appeals to the Court of International Trade of adverse rulings by CBP.
We help clients minimize duty costs by insuring their imports receive the most beneficial tariff classification and valuation treatment permitted by law. We help clients utilize special customs duty reduction programs such as duty drawback, foreign trade zones, the Generalized System of Preferences (“GSP”) and an array of free trade agreements.
U.S. EXPORT CONTROLS ADMINISTERED BY THE DEPARTMENTS OF COMMERCE, STATE, AND THE TREASURY
The United States government regulates exports of goods and technology from the United States for three primary reasons: to restrict the flow of goods and technology which could make a significant contribution to the potential of countries and organizations that threaten the national security of the United States; to advance the foreign policy goals of the United States; and to preserve supplies of scarce materials. Such trade restrictions may be on the particular country to which the goods are destined; on the type of good, service, or technology involved; on the type of end-use to which the good, service, or technology will be put; or on the identity of the purchaser.
The United States implements these policies by authorizing U.S. agencies to promulgate regulations controlling exports of goods or technology subject to U.S. jurisdiction. The principal U.S. agency responsible for regulating exports is the Bureau of Industry and Security ('BIS'), an agency of the Department of Commerce ('DOC'). Other U.S. agencies with significant responsibility for export controls include the Department of State's Directorate of Defense Trade Controls (munitions) and the Department of Energy (nuclear equipment). The Treasury Department's Office of Foreign Assets Control regulates transactions (both out-bound and in-bound) with particular countries whose regimes are deemed to present a security or humanitarian threat, as well as with certain proscribed persons or organizations, chiefly those involved in terrorism or narcotics trafficking or that are agents of proscribed regimes.
The regulations administered by these agencies restrict not only exports of weapons and directly related technologies but also of so-called 'dual-use' articles and technologies – that is, articles and technologies that have benign civilian uses but that could also contribute to undesirable technological developments in the hands of hostile countries or individuals. In addition, the United States restricts the export of information or technical data and software relating to a controlled commodity. Exports of weapons and directly related technologies are generally regulated by the State Department's Office of Defense Trade Controls ('ODTC') under the International Traffic in Arms Regulations. Dual-use items are regulated by the Commerce Department's Bureau of Industry and Security through its Export Administration Regulations ('EAR'). In certain instances, the OFAC rules cover transactions involving U.S. persons even where no U.S. goods or technology are involved or where such goods are not otherwise controlled.
deKieffer & Horgan attorneys have extensive experience in counseling clients on export control matters. The United States is continuously revising its export controls to accommodate technological, political, and economic developments in world trade; and deKieffer & Horgan helps clients to cope with constantly evolving export control regulations by developing export control compliance programs, obtaining licenses needed to export advanced technology, and counseling clients on how to avoid running afoul of U.S. export control laws. Such counseling includes not only advice on the technical application of the rules to a client's particular circumstances but also sensitive strategic advice when a client discovers that a violation of the export rules has occurred.
Our goal is to provide legal services of the highest quality to our clients at a reasonable cost. We believe this simple policy will enhance the success of our clients and encourage long-term attorney-client relationships.