Overview

Trade policy is undergoing more rapid changes than ever before. The most significant is the change from the US Government’s longstanding commitment to the reduction and elimination of tariffs and other barriers to trade to a new, more nationalistic approach aimed at protecting U.S. jobs and incentivizing purchases of domestically made products.

The imminent consequence is more likely to be new rules, regulations, procedures, and trade investigations. International trade is in a state of unprecedented volatility.

Both importers and exporters have a growing need for expert legal advice – and Butzel’s trade practice is ready to serve its clients with more experience and capability than ever before. Butzel’s International Trade and Customs Specialty Team helps clients solve trade-related problems and proactively anticipate obstacles.

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 them in fraud investigations, and assisting them 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 are assisting 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 IP violations, restriction of market access, etc., and can result in increased tariffs, especially on certain imports from China);
  • Court of International Trade (CIT) – represent 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;
  • ITAR – Counseling clients on compliance with the registration, lLicensing, 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;
  • 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 the Export Administration Regulations (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 US patents, trademarks, copyrights and trade secrets;
  • Tariffs – Advise clients on the effects of trade agreements, 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-US 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 had already been made

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