Trade Remedies

Whether you are a domestic manufacturer or foreign producer, U.S. importer, foreign exporter, or trade association, we deliver tailored legal strategies to address trade remedy concerns, promote compliance, and manage regulatory risks.

We help clients:

• Advocate for fair competition – Representing businesses in trade remedy proceedings to address the impact of unfair pricing, subsidies, and import surges to accomplish a level playing field in the U.S. market.
• Defend against duty assessments – Assisting foreign producers and exporters in responding to antidumping (AD) and countervailing duty (CVD) investigations, minimizing liability, and challenging unfair duty calculations.
• Ensure compliance with customs regulations – Helping businesses structure sourcing strategies that withstand U.S. Customs scrutiny, mitigate circumvention risks, and address enforcement issues.
• Engage in regulatory proceedings – Representing clients before the U.S. Department of Commerce, the U.S. International Trade Commission, U.S. Customs and Border Protection, U.S. Trade Representative, and any other government agency implicated in the trade issue.
• Handle post-order compliance obligations – Advising on Commerce Department administrative reviews, scope requests, anticircumvention inquiries, duty assessment adjustments, and best practices to reduce long-term trade remedy liability.
• Resolve post-order disputes – Representing businesses in trade remedy-related litigation before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit most frequently, but also before the U.S. Supreme Court or International Tribunals, as necessary.

Deep government and litigation experience

We understand how government policy, legislative action, and diplomatic considerations influence trade remedy decisions and enforcement, and we leverage this knowledge to navigate political and regulatory dynamics that can affect case outcomes.

In trade remedy proceedings, we excel at zealously advocating your interests before the agencies that some of our team members previously served in years past. Our team features a former Assistant Secretary of Commerce for Import Administration (now Office of Enforcement and Compliance)—who oversaw federal trade remedy cases—and attorneys from the agency’s general counsel, who have litigated at the U.S. Court of International Trade, Court of Appeals for the Federal Circuit, the U.S. Supreme Court, as well as numerous multilateral international tribunals, ensuring that our attorneys offer a nuanced understanding of trade remedy enforcement and defense strategies. Notably, two of our attorneys were involved in U.S. v. Eurodif S.A., the most recent key antidumping case to reach the U.S. Supreme Court.

Beyond trade remedies, we can also assist clients with unfair import (a.k.a. Section 337) investigations, which most often involve claims regarding intellectual property rights, including alleged infringement of patents and trademarks by imported goods. The primary remedy available in Section 337 investigations is an exclusion order that directs Customs and Border Protection to stop infringing imports from entering the United States. In addition, the Commission may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337. Expedited relief in the form of temporary exclusion orders and temporary cease and desist orders may also be available in certain exceptional circumstances. We advise both U.S. patent complainants and U.S. importers that are targets of the remedies or others that may be affected at the U.S. border by the trade restrictions.