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.

We help clients with a variety of international trade, customs, and tariff and duty matters:

International Trade

  • Trade policy analysis and strategic advisory
  • Compliance with international trade agreements (e.g., USMCA, World Trade Organization (WTO) regulations)
  • Export controls and economic sanctions compliance (e.g., Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), Office of Foreign Assets Control (OFAC))
  • Trade remedy investigations (antidumping, countervailing duties, Section 301, Section 232)
  • Trade litigation before US courts and international trade tribunals
  • Foreign investment regulations and national security reviews (e.g., Committee on Foreign Investment in the United States (CFIUS))
  • Market access and trade barrier resolution

Customs

  • Customs classification and tariff engineering
  • Valuation and transfer pricing compliance
  • Country of origin determinations and marking rules
  • Free Trade Agreement (FTA) compliance and certification
  • Import compliance audits and internal investigations
  • Customs penalty mitigation and enforcement defense
  • Supply chain security and Customs-Trade Partnership Against Terrorism (CTPAT) compliance
  • Duty drawback and refunds

Tariff and Duty

  • Section 301 and Section 232 tariff exclusions and litigation
  • Strategies for tariff mitigation and duty savings
  • First Sale Rule and other customs valuation strategies
  • Bonded warehouse and foreign trade zone (FTZ) planning
  • Harmonized Tariff Schedule (HTS) classification disputes
  • Rules of origin analysis for preferential trade programs
  • Tariff impact analysis and advocacy before government agencies

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  • Advise clients on US Customs and Border Protection matters: classification, valuation, country of origin marking, defend fraud investigations, assist with recordation of trademarks and copyrights to protect against counterfeit and gray market goods
  • Represent clients in ITC Section 337 investigations and unfair trade practice cases relating to imports infringing on US patents, trademarks, copyrights, and trade secrets
  • Advise clients on tariffs and effects of trade agreements, e.g., US-Mexico-Canada Agreement (USMCA); assist in negotiations and enforcement including World Trade Organization (WTO) dispute settlements
  • Provide counsel on compliance with International Traffic in Arms Regulations (ITAR) registration, licensing, and brokering rules applying to exports of defense articles, services and/or technical data on US Munitions List (USML)
  • Represent clients in US International Trade Commission (ITC) Commerce Department investigations: antidumping, countervailing duties, safeguards, Section 232 National Security Investigations (steel and aluminum)
  • Support clients by designing and implementing corporate compliance programs for companies selling goods and services to foreign governments; conduct investigations/defend in response to Foreign Corrupt Practices Act (FCPA) enforcement actions
  • Advise clients on compliance with Office of Foreign Assets Control (OFAC) sanctions involving transactions with Cuba, Iran, Russia, and other countries, and specifically identified entities, groups, and persons
  • Advise clients on cross-border transactions including customs, supply chain, and logistics issues
  • Conduct EAR compliance counseling; internal investigations; defend against government investigations in export of “dual use” items/services/technology on the Commerce Control List (CCL) under EAR
  • Represent clients in Court of International Trade (CIT) in matters including appeals from Customs, ITC, and Commerce Department (antidumping and countervailing duty cases)
  • Prepare US Trade Representative petitions to add/remove countries/products from developing countries to list of products eligible for duty free treatment under Generalized System of Preferences
  • Assist with Export Administration Regulations (EAR) in identifying Export Control Classification Numbers (ECCNs) and licensing requirements
  • Assist clients with Customs Trade Partnership Against Terrorism (CTPAT) applications, annual updates, validation visits
  • Counsel non-US buyers and US sellers before Committee on Foreign Investment in the United States (CFIUS) on reviews/filings on national security implications of foreign investments in US companies and potential prohibition of foreign investments/unwind of investments made
  • Support US Trade Representative clients in Section 301 investigations of unfair trade practices including intellectual property violations, restriction of market access, etc., that can result in increased tariffs, especially on certain imports from China
  • Conduct internal investigations and defend against government investigations in connection with potential or actual violations of ITAR
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