Kelley Drye’s leading International Trade practice guides clients through complex trade rules and restrictions to address injury caused by imported goods, as well as to successfully import and export their products and services. We are noted for our capability in protecting U.S. manufacturers against unfairly traded goods and for our insight into the politics surrounding trade issues. We also regularly help our U.S.-based clients overcome barriers to entry in foreign markets, such as defending clients in trade cases brought against U.S. exports in Mexico, South Africa, and various European and Asian countries. Beyond our significant experience with antidumping (AD), countervailing duties (CVD) and other trade remedies, we have robust export, customs and international dispute resolution capabilities. Our team responds quickly to client crises – such as when clients face embargoed goods and penalty proceedings – and also counsels clients on tariff preference programs and compliance with customs and trade regulations including classification, valuation and country of origin.
Kelley Drye combines legal firepower with the analytical insights of the firm’s in-house economic professionals – Georgetown Economic Services (GES). Our international trade attorneys and GES professionals work closely with the firm’s government relations professionals on issues before the Executive Branch and Congress – ensuring that clients access timely political information and resources as they push for advantageous public policy change.
Kelley Drye’s multicultural and multilingual team of lawyers, economists, advisors and consultants responds dynamically to cases falling outside of U.S. jurisdiction. Our team includes a Brussels office, enabling us to remain within the leading-edge of emerging corporate law and to understand the current business climate in the European Union. Further enhancing our in-house capabilities, Kelley Drye participates in a global network of international trade lawyers, which provides swift insights into import and export laws and regulations in more than 75 major and emerging markets.
We have particular experience and capabilities in:
Trade Remedies (AD/CVD/Safeguards)
We have initiated more trade remedy proceedings on behalf of more different domestic industries in the past two decades than any other law firm. Our record of success is unparalleled.
“This firm has one of the most highly regarded practices in petitioners’ side antidumping issues in the USA, with a phenomenal win rate and a hugely experienced team that offers considerable expertise in trade remedies.” Chambers USA
- Trade Policy – Our international trade policy group operates at the intersection of trade law and public policy to advocate for clients where trade policy is debated and made—in the halls of Congress and at the Executive Branch. In fact, we’ve worked on every major trade bill and international trade negotiation of the last 30 years. Our attorneys and government relations advisors collaborate to provide legal and policy advice to companies and trade associations to ensure that they remain competitive in the global economy.
- Export Controls and Compliance – We offer one-stop, full-service export control and compliance services. Our team includes veterans within export control including a current member of the Commerce Department’s Materials Technical Advisory Committee, who advises the Department regarding export controls on chemicals, biotechnology items, metals, exotic materials, materials processing equipment and other materials issues.
- Customs – We have worked in every substantive area in customs law. Additionally, Kelley Drye has participated in the U.S. Customs steel identification, classification and trade law training program for many years. We conduct formal and informal training seminars in which we instruct customs officials in the classification of specific products and the application of antidumping and countervailing duty orders to those products.
- Foreign Corrupt Practices Act (FCPA) – We conduct risk assessments and design and review compliance programs and internal control systems to preclude and detect potential violations. When necessary, we undertake single issue and comprehensive internal investigations and make recommendations regarding whether and when a voluntary disclosure to the government is appropriate. In the event of an enforcement investigation, we represent companies and individuals in proceedings brought by the DOJ, individual U.S. Attorneys’ Offices and the SEC to defend against and resolve allegations of wrongdoing.
- International Dispute Resolution – Kelley Drye is at the forefront of activity involving the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other international agreements, including working with governments on bilateral and multilateral trade negotiations. We help our clients capitalize on the current favorable political climate to overcome trade barriers, resolve trade policy issues and ensure that our trading partners fully meet their obligations under our trade agreements.
- Market Access – Access to foreign markets is crucial to companies competing in today’s global economy. Kelley Drye helps clients create and expand business opportunities abroad. We have worked with businesses and trade associations to maximize the opportunities afforded by free trade and other preferential agreements. Where those opportunities do not yet exist, we directly engage foreign officials and business leaders in order to create openings in targeted markets.
- Tariff Issues – We advise clients in section 484(f) proceedings to obtain tariff breakouts of the Harmonized Tariff Schedules before the ITC and to alter tariff preferences provided by the Generalized System of Preferences (GSP) program.