Overview
Trade policy continues to evolve swiftly, with significant shifts in the US Government’s approach under the Trump administration and subsequent leadership. The traditional commitment to reducing tariffs and trade barriers has given way to a more nationalistic strategy focused on protecting US jobs, addressing trade imbalances, and countering perceived unfair trade practices. Policies including the imposition of Section 301 tariffs on Chinese goods, the renegotiation of the North American Free Trade Agreement (NAFTA) into the United States-Mexico-Canada Agreement (USMCA), and increased enforcement of antidumping and countervailing duties have reshaped the international trade landscape.
This rapidly evolving environment has resulted in a surge of new regulations, customs enforcement actions, and trade investigations. The volatility in international trade necessitates strategic legal guidance more than ever before. Importers and exporters have a growing need for expert legal advice—Butzel’s trade practice is ready to serve clients in a variety of industries, whether small entities or multi-continental corporations.
Butzel’s International Trade and Customs Specialty Team is comprised of international trade lawyers, customs lawyers, and tariff lawyers that possess decades of experience and insight to help businesses navigate these complexities. Our clients seek our counsel to resolve trade-related challenges, to ensure compliance with US and global trade laws, and to proactively prepare for potential disruptions in supply chains and market access. Our clients can depend on us when it comes to any aspect of doing international business, including drafting and negotiating trade agreements.
Our services include:
- U.S. International Trade Commission (ITC) Commerce Department (International Trade Administration) – Representing clients involved in investigations of Antidumping, Countervailing Duties, Safeguards, Section 232 National Security Investigations (currently ongoing for steel and aluminum)
- U.S. Customs and Border Protection – Advising clients on classification, valuation, country of origin marking, defending fraud investigations, and assisting with recordation of trademarks and copyrights to protect against counterfeit and gray market goods
- Customs Trade Partnership Against Terrorism (CTPAT) - An important supply chain security program where we assist clients with CTPAT applications, annual updates and validation visits
- U.S. Trade Representative – Preparing petitions to add and/or remove countries and products from developing countries to the list of products eligible for duty free treatment under the Generalized System of Preferences; supporting clients involved in Section 301 investigations of unfair trade practices, which can include intellectual property (IP) violations, restriction of market access, etc., and can result in increased tariffs, especially on certain imports from China
- Court of International Trade (CIT) – Representing clients in the CIT, which has exclusive jurisdiction over appeals from Customs, ITC and Commerce Department (antidumping and countervailing duty cases)
- Office of Foreign Assets Control (OFAC) – Advising clients on compliance with OFAC sanctions, which involve transactions with Cuba, Iran, Russia, and other countries, and specifically identified entities, groups, and persons
- International Traffic in Arms Regulations (ITAR) – Counseling clients on compliance with the registration, licensing, and brokering rules applying to exports of defense articles, services and/or technical data on the U.S. Munitions List (USML); and conducting internal investigations and defending against Government investigations in connection with potential or actual violations of the ITAR
- Export Administration Regulations (EAR) – Assisting clients in identifying Export Control Classification Numbers (ECCNs) and licensing requirements, if any; providing compliance counseling; and conducting internal investigations and defending against Government investigations in connection with exports of “dual use” items, services and/or technology on the Commerce Control List (CCL) under EAR
- Foreign Corrupt Practices Act (FCPA) – Supporting clients by designing and implementing corporate compliance programs for companies selling goods and services to foreign governments and by conducting investigations and defending them in response to FCPA enforcement actions
- Section 337 Investigations – Representing clients in unfair trade practice cases at the ITC relating to imports infringing U.S. patents, trademarks, copyrights, and trade secrets
- Tariffs – Advise clients on the effects of trade agreements, e.g., the U.S. Mexico Canada Agreement (USMCA) and assist in negotiations and enforcement including in World Trade Organization (WTO) dispute settlements
- Cross-Border Transactions – Advise clients on cross-border customs, supply chain, and logistics issues
- CFIUS Reviews and Filings – Counseling non-U.S. buyers and U.S. sellers before the Committee on Foreign Investment in the United States (CFIUS), which reviews the national security implications of foreign investments in U.S. companies and can prohibit foreign investments and even unwind investments that have already been made
