Litigation can be an important component to a business’s overall trade strategy—whether used as a preemptive measure to prevent immediate injury or as a last resort when all other options of dispute resolution have failed. We provide a wide range of trade litigation services, from traditional customs litigation to lawsuits against other private parties. Our trade litigation lawyers have successfully obtained duty and tax refunds of hundreds of millions of dollars on behalf of clients.
We have handled matters before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. Court of International Trade, U.S. Court of Appeals for the Federal Circuit, and proceedings under the North American Free Trade Agreement and before the World Trade Organization.
In addition to our experience representing foreign and domestic clients in antidumping and countervailing duty cases, we have been involved in Section 201 safeguards cases and have litigated a variety of unfair import cases under Section 337.
In trade litigation, as in all services provided by our customs and trade team, our goal is to put clients in the best position to be competitive and secure their interests in the marketplace.
We successfully negotiated a settlement for a client facing significant antidumping duty liability after importing a pigment product from China. At the time of entry, the client had paid a 12.46 percent antidumping duty rate on the imported goods, but an administrative review of several Chinese exporters by the U.S. Department of Commerce led to the issuance of automatic liquidation instructions directing U.S. Customs and Border Protection to liquidate the client’s entries at a 241.32 percent antidumping duty rate. We filed suit in the Court of International Trade claiming that U.S. Customs and Border Protection had failed to timely liquidate the pigment entries and that the entries should be liquidated at the cash deposit rate in effect at the time of entry.
The government responded with a motion to dismiss the client’s claims and the matter was fully briefed before the court. Prior to the issuance of a decision on the merits of the case, the government agreed to settle the matter and liquidate the client’s entries at the cash deposit rate without any additional duties or interest assessed.