Morris, Manning & Martin, LLP represents clients on a broad range of issues which arise under U.S. law and international trade agreements. The firm's International Trade Practice Group provides representation, advocacy, analysis and advice on all aspects of international trade regulation matters. We offer a full range of legal services and public policy representation before the U.S. Congress, federal agencies, U.S. courts, and multilateral trade bodies.
Our attorneys and professionals are among the most respected and experienced in matters of international trade law and represent clients involved in significant trade disputes, many involving significant political implications. Chambers and Partners ranked our international trade practice in their Chambers Global edition, covering over 160 countries.
Trade Policy and Trade Remedy Proceedings
The International Trade Practice Group also represents clients in trade negotiations and trade actions before:
the U.S. Department of Commerce
the Office of the U.S. Trade Representative
the U.S. International Trade Commission (ITC)
the U.S. Court of International Trade
the U.S. Court of Appeals for the Federal Circuit
Our attorneys have been involved in hundreds of U.S. trade remedy proceedings over the last 25 years, including antidumping and countervailing duty investigations, novel suspension agreements, unfair trade and unfair import practices (Section 301 and Section 337), and "escape clause" or "safeguard" (Section 201) actions, on behalf of domestic and foreign corporations, state-owned enterprises and foreign governments. Most recently we
represented BOFT in the countervailing duty investigation of Galvanized Steel Wire at the Department of Commerce;
represented a major U.S. importer of Galvanized Steel Wire at the ITC which resulted in a negative injury determination; and
represented Daewoo Electronics Corporation in the Bottom Mount Combination Refrigerator-Freezers antidumping investigation at the Department of Commerce. Our client received a final dumping margin of zero.
Their activities have included both counseling and litigating with respect to trade-related matters, including proceedings in several landmark international trade cases on behalf of major multinational corporations. In particular, members of the group have counseled U.S. and foreign corporations and foreign governments on trade agreement negotiations, including the North American Free Trade Agreement (NAFTA), the U.S.-Canada Free Trade Agreement (CFTA), and the Uruguay Round negotiations of the GATT.
Members of the group also have appeared before the Senate Finance Committee and the House Ways and Means Committee to testify regarding trade matters involving various industries. The group also advises clients on NAFTA-related opportunities, including detailed analyses of issues of rules of origin, tariff concessions, maquiladora operations, drawback and other key issues in the context of NAFTA's effects on North American facilities of multinational businesses.
China Experience
Representation of the entire Chinese Glyphosate Industry and the CCCMC Chamber of Industries in a case before the U.S. International Trade Commission (“ITC”) brought by U.S. producers which resulted in the withdrawal of the Petition and total victory for our clients
Successfully defended the largest chemical producer in China of the Industrial and Food Grade Chemical “STPP” before the U.S. International Trade Commission in a dumping and countervailing duty case brought by U.S. producers. The ITC terminated the case at the preliminary stage which is extraordinary and highly unusual particularly in cases involving China.
Successfully negotiated the withdrawal of a critical circumstances petition filed by the U.S. industry against a large chemical producer in China of the Industrial and Food Grade Chemical “DKP”
Defended the CCCMC and the Chinese Citric Acid Industry before the ITC which resulted in a split vote
Represented the Bureau of Fair Trade (BOFT), MOFCOM, in a countervailing duty case involving wire decking from China. We received CVD duty rates which were among the lowest ever received by Chinese companies. The ITC reached a negative determination in the Wire Decking case and therefore no order was instituted.
Currently representing BOFT, MOFCOM in several countervailing duty cases
Frequently prepare legal and policy analysis (“White Paper”) for the Government of China and private parties regarding trade issues including the recent proposals by the Department of Commerce to strengthen enforcement of U.S. trade laws and WTO consistency of currency legislation passed by the U.S. House of Representatives
Representation of BOFT in Galvanized Steel Wire countervailing duty investigation at the Department of Commerce. Our representation of a major U.S. importer of Galvanized Steel Wire at the ITC resulted in a negative injury determination.
Representation of companies in antidumping cases and preparation for numerous reviews (see attached list)
Customs Issues
The Group provides advice and counsel to U.S. importers with regard to a wide variety of matters before U.S. Customs and Border Protection (CBP) including classification, valuation, country of origin marking, investigations and rulings, homeland security regulations, "graymarket" goods, requests for classification, as well as valuation rulings. Morris, Manning & Martin attorneys represent large international manufacturers in enforcement and penalty actions commenced by CBP and have litigated disputes before the U.S. Court of International Trade (CIT). Members of the Group also counsel clients on other customs matters such as applications for special treatment under the Generalized System of Preferences (GSP) and the establishment and operation of foreign trade zones and bonded warehouses.
WTO Negotiations and Proceedings
Our attorneys provide advice to clients on proceedings before the World Trade Organization (WTO), and have counseled governments around the world regarding negotiations in the GATT and the WTO. The group also represents a number of WTO Member governments and national industries in disputed settlement proceedings involving a wide range of goods and services.
Our attorneys are familiar with the statutory and regulatory changes brought on by multilateral, regional and bilateral trade agreements that have resulted in significant revisions to the U.S. trade laws. Group members actively engage key decision-makers in the Office of the U.S. Trade Representative, the U.S. Customs and Border Protection and other U.S. government agencies involved in the formulation of U.S. government negotiating positions.
In connection with the adoption of worldwide WTO procedures, the Group has advised several foreign governments on drafting and implementing trade laws and practices in accordance with new international legal obligations. The group's attorneys and trade professionals have conducted acclaimed training seminars for the governments of Mexico, Taiwan, Uruguay, Egypt, Venezuela, Indonesia, El Salvador, and Argentina with respect to antidumping, countervailing duty, and safeguard investigations and corresponding WTO Member obligations. The training seminars’ success is due to our attorneys applying the appropriate perspective of their U.S. trade law expertise to foreign governments and corporations.
Multilateral and Bilateral International Trade Negotiations
Our group has expertise in representing and advising governments and industries in bilateral and multilateral negotiations. We have been active in negotiations with the United States on behalf of foreign governments, industries and multinational corporations. Our experience has garnered unique insights into the strategies and approaches of different nations around the world.
In addition to negotiations, we can help clients resolve disputes arising under agreements. Our attorneys have successfully represented and counseled governments, industries and multinationals in trade disputes under key multilateral and bilateral agreements. We have assisted in achieving our clients' goals in a variety of disputes, including dumping, subsidies, customs and intellectual property in a wide range of sensitive industry sectors, such as textiles, steel and automobiles.
Section 337 Intellectual Property Investigations
The International Trade Practice Group has substantial experience representing clients directly and assessing cases for their impact on related industries in Section 337 Investigations before the ITC.
Public Affairs
In addition to advising clients on technical aspects and applications of U.S. trade and export control laws, the international trade group provides clients with guidance on all aspects of political and policy developments in Congress and the Executive Branch related to trade and transportation. Our group members have diverse backgrounds and experience, but have one thing in common - they know how Washington, D.C. works and how to advance a client's objectives and business goals. Members of the group maintain extensive contacts with key government officials and staff members which allow for quick and meaningful access to influential policy makers.
Export Licensing and Controls
Members of the Group assist clients with trade regulation matters before the U.S. Trade Representative, and the U.S. Departments of State, Commerce, Treasury, Homeland Security, and Defense. This representation includes counsel and advice on necessary appropriate governmental reviews and approvals and compliance with U.S. export and import laws, including the Arms Export Control Act, the International Traffic in Arms Regulations (ITAR), the Export Administration Act of 1979, the Export Administration Regulations (EAR), and other matters under the jurisdiction of the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce's Bureau of Industry & Security (BIS), and the U.S. Department of Defense's Defense Technology Security Administration (DTSA). We also counsel clients on country-specific trade sanctions/trade embargo regulations and provisions of the Foreign Corrupt Practices Act and the Foreign Agents Registration Act. Members of the group have worked closely with clients to implement corporate compliance programs covering the transportation of goods, services, or technology to or from the United States.
Other Related Areas
The International Trade Practice Group serves clients in conjunction with the firm's substantial international practice in other areas, including international elements of the firm’s Asia Practice, Intellectual Property and IP Litigation Practice, Timberland Practice, and Corporate Practice teams. The group regularly advises clients with respect to transnational investments and financings, international taxation, foreign investment and national security clearances, intellectual property, and international arbitration.
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