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International Trade

The mission of the international trade practice at Akin Gump Strauss Hauer & Feld LLP is simple and clear: to optimize our clients’ ability to engage in the cost-efficient and timely exchange of goods and services across borders, in full compliance with applicable laws and regulations. The international trade practice group, comprising lawyers, economists and other professionals, has extensive experience in helping clients deal successfully with international trade regulation and policy issues. Our credibility and reputation with the Office of the U.S. Trade Representative; the International Trade Commission; the Departments of State, Treasury, Commerce and Justice; and U.S. Customs and Border Protection, are key to our ability to help our clients achieve their international trade objectives.

Recognition

Six Akin Gump lawyers have been designated as leaders in the international trade field based on the recommendations of clients and peers in private practice in the 2008 Global, USA and Asia editions of Chambers: Leading Lawyers for Business. The Best Lawyers in America includes five of the group’s partners on its 2009 list, four partners are included in Who’s Who Legal and three partners are recognized in the U.S. edition of Legal 500. One of our international trade partners was also named to the Ethisphere Institute’s first annual list of “Attorneys Who Matter,” which was published in July 2009. The chair of our practice has been named by Legal Times as one of the top international trade lawyers in Washington.

Specific Areas of Experience

Because we have shepherded companies and industries through the detailed trade regulatory processes countless times, we can simplify the complex substantive regulations and procedural timetables. With our access to key decision-makers, we are able to provide timely communication and representations. Our services include the following critical components:

  • Antidumping and countervailing duty litigation. Foreign and domestic companies and industries have relied on Akin Gump’s experience in more than 100 antidumping and countervailing duty (AD/CVD) proceedings. We counsel clients on the advisability of instituting and participating in proceedings, in prosecuting as well as defending against these cases, and in minimizing liability before and after the inception of formal proceedings. Akin Gump lawyers have also negotiated complex and creative “suspension” agreements on behalf of numerous clients. We assist importers and purchasers faced with trade remedy measures.
  • Customs laws. We advise clients on classification, valuation, country of origin marking, substantial transformation, preferential duty and drawback issues. Our lawyers also assist clients with audit procedures and possible prior disclosure of violations. We also have handled major customs fraud investigations and advise clients on compliance with homeland security measures.
  • Export controls and economic sanctions. We represent companies on the complex laws and regulations governing the export of goods and technology from the United States, the administration of U.S. trade embargoes and the imposition of economic sanctions against foreign interests. We are experienced in export licensing, compliance and enforcement under the Export Administration Regulations, the International Traffic in Arms Regulations and the regulations of the Office of Foreign Assets Control.
  • Antiboycott laws. We represent companies before the Office of Antiboycott Compliance in matters concerning the laws and regulations that limit the terms and conditions under which they may do business with countries supporting the Arab boycott.
  • WTO dispute resolution proceedings. We advise numerous clients concerning the applicability of WTO rules to trade-restrictive policies of various foreign governments and assist them in seeking U.S. government action in connection with these potential WTO violations. We represent private clients and governments in connection with WTO dispute resolutions and advise clients concerning the possible impact of WTO rulings and negotiations. 
  • Other trade proceedings. The question of whether imports have injured a domestic industry is a critical issue in Section 201, Section 232 (unfair competition), Section 406 (market disruption from nonmarket economies) and Section 421 (market disruption from Chinese imports) proceedings. We work closely with clients to develop an understanding of the political considerations influencing such cases and competitive conditions in the markets involved in order to represent clients effectively in these proceedings.
  • Trade Policy. We represent and advise U.S. and foreign companies on a range of international trade policy concerns that intersect with their business interests. These include trade, tariff and investment issues associated with the negotiation, implementation and enforcement of bilateral and multilateral international agreements and treaties. Additional areas of representation include legislative initiatives and executive branch actions involving the Office of the U.S. Trade Representative (USTR) and the U.S. departments of Commerce, Treasury, State and other government agencies.

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