Trade Remedy Litigation

As international trade flows have increased in recent years, so has the use—by the United States and other jurisdictions—of various statutory and policy measures to redress claims of unfair trading practices through so-called trade remedy measures.

Our experienced trade remedy practitioners guide corporate and sovereign clients through the full array of administrative and appellate proceedings under which tariffs and other forms of import restrictions may be imposed or altered.

The practice provides litigation, strategy and risk management solutions in all areas of trade remedy law, including:

Antidumping and countervailing duty (AD/CVD) investigations and reviews administered by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC).
Safeguard investigations administered by the ITC.
Import restraints imposed to advance national security interests under Section 232 of the Trade Expansion Act of 1962, and proceedings to achieve exclusions from tariffs imposed under this law.
Various import-related actions administered by the Office of the U.S. Trade Representative (USTR), such as import duties imposed under Section 301 of the Trade Act of 1974, proceedings to exempt products from such duties and duty relief for imports from developing countries under the U.S. System of Generalized Preferences (GSP).
Appeals of U.S. agency determinations before the U.S. Court of International Trade (CIT), the U.S. Court of Appeals for the Federal Circuit (CAFC) and binational panels convened under the United States-Mexico-Canada Agreement (USMCA).
Challenges to the trade-related determinations of the United States and other governments before the World Trade Organization (WTO).
Penalty and other enforcement measures, arising from all of the above types of proceedings, administered by U.S. Customs and Border Protection (CBP).
Trade remedy actions taken by foreign jurisdictions against U.S. exporters.

Our team has experience handling trade remedy matters across numerous industries, including agriculture, aluminum, automotive, cement, chemicals, consumer and other manufactured goods, electronics, metals, natural resources, semiconductors, softwood lumber, steel and textiles.

Because no trade remedy proceeding exists in a vacuum, we also work seamlessly with the firm’s practitioners in other related areas—including customs compliance, intellectual property and public law and policy—to ensure integrated problem-solving for our clients.

The practice provides litigation, strategy and risk management solutions in all areas of trade remedy law, including:

Antidumping and countervailing duty (AD/CVD) investigations and reviews administered by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC).
Safeguard investigations administered by the ITC.
Import restraints imposed to advance national security interests under Section 232 of the Trade Expansion Act of 1962, and proceedings to achieve exclusions from tariffs imposed under this law.
Various import-related actions administered by the Office of the U.S. Trade Representative (USTR), such as import duties imposed under Section 301 of the Trade Act of 1974, proceedings to exempt products from such duties and duty relief for imports from developing countries under the U.S. System of Generalized Preferences (GSP).
Appeals of U.S. agency determinations before the U.S. Court of International Trade (CIT), the U.S. Court of Appeals for the Federal Circuit (CAFC) and binational panels convened under the United States-Mexico-Canada Agreement (USMCA).
Challenges to the trade-related determinations of the United States and other governments before the World Trade Organization (WTO).
Penalty and other enforcement measures, arising from all of the above types of proceedings, administered by U.S. Customs and Border Protection (CBP).
Trade remedy actions taken by foreign jurisdictions against U.S. exporters.