Client Services / International / International Trade Experience

International Trade Experience

Following is a representative list of our participation in various trade actions.  We have also handled numerous federal court appeals of various administrative decisions and have been involved in numerous proceedings involving trade preferences under the GSP, CBI, AGOA and Andean Trade Preference programs.  We have counseled on NAFTA and GATT/WTO negotiations and corresponding implementing legislation, negotiations on numerous bilateral and regional trade agreements including a U.S.-Chile FTA and the FTAA, and EU enlargement issues.  We have frequently given written and oral testimony on a full range of trade policy issues at government and Congressional hearings.

Antidumping

  • Aperture masks from Korea
  • 3.5" microdisks from Japan
  • Ball bearings from China
  • Butter cookies from Denmark
  • Carbon steel plate from multiple countries
  • Cellular mobile telephones from Japan
  • Certain fresh cut flowers from Ecuador
  • Circular welded non-alloy steel pipe from Korea
  • Collated roofing nails from Korea
  • Color picture tubes from Japan, Korea and Singapore
  • Color television receivers from China, Japan, Korea and Taiwan
  • Desktop note counters and scanners from China, Korea and the UK
  • Dry film photoresist from Japan
  • Dynamic random access memory semiconductors (64K) from Japan
  • Dynamic random access memory semiconductors (256K and above) from Japan
  • Dynamic random access memory semiconductors (1 megabit and above) from Korea and Taiwan
  • Electric golf carts from Poland
  • Emulsion styrene-butadiene rubber from Korea
  • Emulsion styrene-butadiene rubber from the U.S. (Mexican Case)
  • Erasable programmable read-only memories from Japan
  • Forklift trucks from Japan
  • Fresh cut roses from Colombia and Ecuador
  • Fresh kiwifruit from New Zealand
  • Frozen concentrated orange juice from Brazil
  • Fuel ethanol from Brazil
  • Granite from Italy
  • Heavy-walled steel tubes from Canada
  • High information content flat panel displays and subassemblies thereof from Japan
  • Hot-rolled and cold-rolled carbon steel from multiple countries
  • Industrial nitrocellulose from Korea
  • Large power transformers from Italy and Japan
  • Microwave ovens from Japan
  • Melamine dinnerware from Taiwan
  • Polyester staple fiber from Korea
  • Polyethylene terephthalate film from Korea, India and Taiwan
  • Portable electric typewriters from Japan
  • Professional electric power tools from Japan
  • Small business telephone systems from Japan and Korea
  • Softwood lumber from Canada
  • Stainless steel cookware from Korea
  • Static random access memory semiconductors from Taiwan and Korea
  • Steel wire rope from Mexico
  • Sweaters from Hong Kong, Korea and Taiwan

Countervailing Duty

  • Butter cookies from Denmark
  • Certain fresh cut flowers from Ecuador
  • Frozen concentrated orange juice from Brazil
  • Industrial phosphoric acid from Israel
  • Softwood lumber from Canada
  • Stainless steel cookware from Korea
  • Steel rebars from Peru
  • Steel products from Singapore

Anti-Circumvention

  • Color picture tubes from Japan, Korea, Singapore and Canada

Section 421

  • Pedestal actuators from China
  • Uncovered innerspring units from China

Section 337

  • Numerous patent infringement cases involving electronic products

Section 201

  • Footwear from Brazil
  • Motorcycles from Japan
  • Steel from the European Union and Korea

Section 301

  • Colombia and Costa Rica framework agreement on banana exports to the EU
  • EU banana import regime
  • EEC production aids granted on canned peaches, canned pears, canned fruit cocktail and dried grapes
  • EEC tariff treatment of imports of citrus products from certain countries in the Mediterranean region
  • Import quotas and licenses on almonds from India
  • Informatics from Brazil
  • Japan trade in semiconductors

Section 305 (308)

  • Investigation of global kiwifruit practices
  • Investigation of global mink practices
  • Investigation of Indian restrictions on almond access

Section 332

  • Apples: Certain conditions of competition between the U.S. and Canadian industries
  • EU horticultural practices
  • Pianos from Brazil
  • Potatoes from Canada

Section 406

  • Clothes pins from Poland

Foreign Corrupt Practices Act

  • Advice to a global communications and technology company about compliance issues.
  • Advice to a private, closely held company related to its transactions with a large, foreign, publicly owned company that had, at the time of the transaction, a significant foreign government ownership by virtue of that company's privatization a few years earlier.
  • Advice to a telecommunications company regarding doing business in China on corrective actions.
  • Advice to an electronic equipment manufacturing company about compliance issues.
  • Advice to clients on both the anti-bribery and accounting provisions of the FCPA.
  • Aid to a number of companies in establishing FCPA compliance programs, including FCPA compliance monitoring.
  • Counsel to a publicly traded health care company on FCPA issues arising out of an acquisition of a company in Southeast Asia.
  • Development of compliance programs.
  • Internal investigation for a Fortune 75 company on FCPA issues arising from the Middle East.
  • Representation of a Big 5 accounting firm regarding sensitive FCPA issues.
  • Representation of a large agricultural U.S.-based food products company, primarily involving Central American countries and Colombia.
  • Representation of an independent telephone company and an industrial equipment manufacturing company in regards to compliance issues.
  • Representation of an individual who is under grand jury investigation for oil industry transactions in Central Asia.
  • Representation of clients before the SEC on FCPA related matters.
  • Represented a Fortune 500 telecommunications company regarding FCPA issues.
  • Represented employees of a large international aerospace company in an investigation of a company related to the hiring of foreign consultants.
  • Review of agreements with consultants for compliance with the FCPA.

Article 185 Action (European Court Of Justice)

  • Interim relief concerning the organization of the market for bananas

World Trade Organization/General Agreement On Tariffs & Trade

  • EEC member states' import regimes for bananas (GATT)
  • EEC import regime for bananas (GATT and WTO cases)
  • EEC – Production aids granted on canned peaches, canned fruit cocktail and dried grapes
  • Provisions of the Wine Equity Act
  • Japanese restrictions on imports of certain agricultural products
  • India’s import quotas and licensing restrictions on almonds
  • EEC tariff treatment of imports of citrus products from certain Mediterranean countries

North American Free Trade Agreement (NAFTA)

  • Country of origin verification and audit proceedings
  • Chapter 19 Bi-National Panel Proceedings

Foreign Jurisdictions

  • Representation of U.S. battery producer in an antidumping investigation in Korea
  • Representation of German pharmaceutical producer in an antidumping investigation in New Zealand
  • Representation of U.S. ESBR producer in antidumping investigations in Mexico and Brazil

Contacts

International Client Services

McDermott Will & Emery

McDermott Will and Emery