Trade Remedies

Clark Hill attorneys have represented clients in trade remedy matters for nearly 50 years. Our International Trade Practice Group has a successful track record in defending governments, foreign producers and importers in AD and CVD cases and a deep knowledge of the issues surrounding these proceedings. Below is a summary of our experience and accomplishments:

  • Clark Hill attorneys have represented more than 350 exporters and U.S. importers in both market and non-market (China, Vietnam) AD/CVD cases. In many of those cases we have represented both coalitions of importers and/or exporters, as well as individual companies seeking independent advice of counsel.
     
  • We have defended more than 1000 foreign exporters and U.S. importers in AD/CVD cases and related customs matters before the Department of Commerce (DOC), the International Trade Commission (ITC), and U.S. Customs and Border Protection (CBP).
     
  • We regularly practice before the U.S. Court of International Trade (CIT), U.S. Court of Appeals for the Federal Circuit (CAFC), and state and other federal courts. We have litigated more than 250 international trade cases before the CIT and CAFC alone. 
     
  • In addition to AD/CVD, we counsel clients in other types of trade actions, including: Section 301 unfair trade practices; Section 201 global safeguard (“escape clause”) proceedings, Section 337 intellectual property infringement cases involving unfair trade competition; and Section 232 investigations involving threats to national security.

Some of our accomplishments include: 

  • Saving a U.S. importer client more than $100 million in AD duties resulting from a CBP audit of imports of Wooden Bedroom Furniture from China. This result also rescued this major U.S. furniture conglomerate from potential bankruptcy.
     
  • Eliminating millions of dollars in potential AD/CVD duties for U.S. importer clients Blackstone/OTR LLC and OTR Wheel Engineering through termination of the AD/CVD investigation on Steel Wheels from China at the ITC.
     
  • Securing a 0% AD rate for first-time participant and mandatory respondent Armstrong Wood Products Kunshan, Ltd., in the first DOC annual review of Multilayered Wood Flooring from China.
     
  • Eliminating millions of dollars in potential AD/CVD duties for U.S. importer clients Crowley Maritime Corporation and Sea Star Line through termination of the AD/CVD investigation of 53-Foot Domestic Dry Containers from China at the ITC.
     
  • Saved the client more than $1 million per month in AD duties and to help secure long-term contracts with major U.S. home improvement retail customers as a result of exclusion from the scope of the AD case on Hand Trucks from China of multi-use product imported by our client under the WORX brand.
     
  • Securing in the 8th DOC annual review the lowest AD rate (4.54%) in the decade-long history of the Off-the-Road (“OTR”) Tires from China case for Chinese mandatory respondent, and first-time participant in the case, Weihai Zhongwei Rubber Co., Ltd.
     
  • In OTR Tires from Sri Lanka, the first CVD investigation against that country in more than 30 years, securing a nominal CVD margin of 2.18% (only .18% over de minimis) for the Government of Sri Lanka. 
     
  • Securing more than $7 million in AD refunds for the largest U.S. wood flooring retailer client through dismissal of petitioners’ CIT appeal of the 4th DOC annual AD review in Multilayered Wood Flooring from China.
     
  • Securing a 0% AD rate for first-time participant and mandatory respondent, Seylinco, S.A., in the DOC annual review of Honey from Argentina.
     
  • Termination at the ITC preliminary phase of the AD investigations on Desktop Note Counters and Scanners from China, Korea and the UK on behalf of clients China Taly Aviation Technologies Corp. and Scan Coin Industries AB, Nanjing No. 5311 Factory.
     
  • Through litigation at the CIT and CAFC, securing a 0% AD rate and exclusion from the AD order on Polyester Staple Fiber from Korea for client Geum Poong Corporation.
     
  • Termination at the ITC preliminary phase of the AD investigation on Anhydrous Sodium Sulfate from Canada for importer client Procter & Gamble.
     
  • Exclusion of the Latvian steel industry from the Section 201 Global Safeguards Investigation on Steel on behalf of the Government of Latvia.
     
  • Successfully securing separate rates for numerous Chinese clients through Separate Rate Applications in AD cases. 

Experience

Represented a U.S. distributor of chemicals for criminal violations of the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer
Represented a Chinese producer of citric acid in an investigation under the U.S. antidumping and countervailing duty laws
Represented an Iraqi architectural and construction firm in its negotiations with the U.S. Army Corps. of Engineers related to Iraqi reconstruction and development initiatives
Represent a U.S. durable goods producer / importer / exporter in a foreign criminal and parliamentary investigation of sales of goods to a foreign government-backed entity
Wall off” advice to a German corporation employing U.S. Persons abroad in its dealings with embargoed-nation customers
Represent a U.S. producer of household goods in the drafting, lobbying and enactment of federal legislation designed to obtain reduced-duty treatment
Represent a U.S. importer/retailer in claims for the refund of duties under the drawback law
Represent two European-based automobile importer / distributors in audits of customs duty liability
Represented a class of claimants regarding currency seized under bulk cash smuggling provisions of the U.S.A. Patriot Act
Represented a computer components importer in parallel criminal and civil proceedings for avoiding customs duties and filing false customs entries of computer components from Singapore
Represented an importer of chemicals from Europe in parallel civil and criminal investigations of allegations of violations of the country of origin marking rules
Represented a foreign producer of medical devices and its CEO in an allegation of importation of allegedly mismarked and misbranded medical devices under both the Tariff Act and the Federal Food Drug and Cosmetics Act
A U.S. citizen in connection with the importation of smuggled artifacts from looted Iraqi museums
Represented two U.S. automotive importer/distributors in claims for refunds under the customs value code based upon post entry downward adjustments to their transfer prices
Represented a Taiwanese producer of fashion ribbons in an investigation under the U.S. antidumping laws
Represented a U.S. importer of medical waste bags to determine whether its goods were within the scope of an antidumping duty order on polyethylene retail carrier bags from the People’s Republic of China
News
Sixty-Six Clark Hill Attorneys Named 2018 Michigan Super Lawyers & Rising Stars143 Clark Hill Attorneys Selected for Inclusion in the 2019 Edition of Best Lawyers in AmericaAs Appeared in Law360, "Reading The China Tariff Tea Leaves" by Mark Ludwikowski Clark Hill Attorney Kevin Williams Appeared on CLTV Politics Tonight, “How Trump Tariffs, Trade Deals will Impact Illinois”Clark Hill Attorneys David G. Ries, Kevin Williams and Mark R. Ludwikowski will be speaking at the Michigan Manufacturer’s Association on February 22, 2018Clark Hill Member Steven M. Richman Moderated panel, “View From The Bench: The State of International Law,” at ABA’s midyear meetingClark Hill Attorney Kevin Williams Presented at Illinois Manufacturers Association Trade SymposiumClark Hill PLC Receives National and Regional Tier 1 Rankings in the 2018 Edition of Best Lawyers, “Best Law Firms”International Trade Attorney Mark R. Ludwikowski Joins Clark Hill D.C. Seventy-Four Clark Hill Attorneys Selected for Inclusion in the 2018 Edition of Best Lawyers in AmericaClark Hill Attorney R. Kevin Williams to Present at Center for International Law Programs 15th Annual Dominick L. DiCarlo U.S. Court of International Trade Lecture on April 20, 2017 in Chicago, ILClark Hill’s Steven Richman to Present Building and Managing an International Distributor Network Webinar – December 6, 2016Clark Hill PLC Receives National Rankings in the 2017 Edition of U.S. News-Best Lawyers, “Best Law Firms”Twenty-Eight Clark Hill Attorneys Named to DBusiness Magazine's 2017 Top Lawyers ListClark Hill Attorney Steven Richman Participates in ABA Section of International Law’s Fall Meeting in JapanClark Hill Attorneys Joseph Donley and Steven Richman Participate in IBA ConferenceClark Hill Attorney Carlos M. Gutierrez, Jr. to Moderate Panel at Meridian International Center Cultural Diplomacy ForumClark Hill Attorney Steven Richman to Speak at IABA ConferenceClark Hill PLC Receives National Tier 1 Ranking for Litigation – Construction in the 2016 Edition of U.S. News-Best Lawyers, “Best Law Firms”Clark Hill Attorney Carlos M. Gutierrez, Jr. Joins US Business Delegation in HavanaClark Hill Attorney Steven Richman Presented at International Bar Association 2015 Annual Conference and Quoted in The Law Society GazetteClark Hill Attorney Steven Richman Published in International Bar Association Newsletter and Scheduled Speaker for Annual ConferenceClark Hill Attorney Steven Richman to Participate in Structuring International Contracts Webinar – September 16, 2015Clark Hill Attorney R. Kevin Williams Named Advisor to a member of the United States Trade Representative’s Advisory Committee for Trade Policy and NegotiationsClark Hill PLC Receives National and Metropolitan Tier 1 Rankings in the 2016 Edition of Best Lawyers in America's “Best Law Firms”Sixty-Two Clark Hill Attorneys Selected for Inclusion in the 2016 Edition of Best Lawyers in AmericaAttorney Steven Richman Joins Clark Hill’s Princeton OfficeClark Hill Attorney Kevin Williams to Speak at Seminar on Business Opportunities in Growing Pacific Alliance Countries in Latin America – Philadelphia, March 16, 2015Clark Hill Chicago Attorney Kevin Williams Elected to the Board of Directors of the Spirito! Singers Clark Hill Attorneys R. Kevin Williams and Jonathan M. Boulahanis Quoted in Law360Attorney R. Kevin Williams will present on “Progress of Government Modernization: Supply Chain Security and Streamlining the Export/Import Process”
Articles
The Future of NAFTA May Be Up To CongressInternational Law for Solo Practitioners and Small Firms, The Legal Intelligencer, April 2017Jeff Van Winkle and Kevin Williams Quoted in MiMfg Magazine: Michigan in the Global Economy, October 2015Licensed Legal Technicians: The Future is Here - IBA Multidisciplinary Practices Committee and Professional Ethics Committee Newsletter, October 2015AssistsForeign Trade Zone Benefits EstimatorPrior Disclosures Under U.S. Customs Laws and RegulationsAluminum Extrusions from China – ADD/CVDA Trap for the Unwary: Use of the "Made in U.S.A." MarkLiquidation of EntriesForeign Trade Zones Help U.S. Companies Reduce Costs of Manufacturing and DistributionFluctuating Currencies - Some Customs and Trade ConsiderationsIntellectual Property Considerations and Issues for Importers and ExportersConfidentiality of Proprietary Import/Export Data: What Most Importers/Exporters Believe Versus the Reality of the Situation"Made in the U.S.A.?" by Lara Austrins in Working PArts magazineAgents and Employees May Be Liable for Customs ViolationsWho Could Be At Risk For Personal Liability in Customs Violations? By Tom O'Donnell in C.H. Robinson Blog5 Tips for Food Cos. Looking To Outsource Production By Jonathan Boulahanis & Kevin Williams in Law360
Presentations
WEBINAR: "New Trade Case on Imports of Plastic Decorative Ribbons from China"Webinar: Moving People and Material: Understanding core US employment, immigration, and importation issues when moving foreign nationalsHow Companies and Executives Run Afoul of Trade Sanctions: The Impact of Trade Sanctions on Business