Kelley Drye

Practices 

Contact Information

Kathleen W. Cannon
Practice Chair

Email
Washington, D.C.
Phone: (202) 342-8590
Fax: (202) 342-8451

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International Trade and Customs

Recognized as a Leading Practice by Legal 500

Recognized as a leading practice by Legal 500

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Recognized as a Leading International Trade Practice by Chambers USA

Recognized as a Leading International Trade Practice

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Kelley Drye's leading International Trade and Customs 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 expertise 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 export enforcement situations, Customs seizures, or penalty proceedings – and also counsels clients on tariff preference programs and compliance with customs and trade regulations including classification, valuation and country of origin.

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Our International Trade and Customs practice is highly respected in the field, ranked by U.S. News/Best Law Firms for 2011-2014 in Tier 1 - National for International Trade and Finance Law. Chambers USA 2014 ranks Kelley Drye in the National International Trade category, recognizing the firm as a "key player in the trade remedies field due to its crop of expert attorneys and highly impressive track record." A client quoted in the book noted: "The firm's in-depth knowledge of the US political system and legislation and its strong contacts with legislative staff are a real attraction."

In addition, many of our lawyers have been honored by both their peers and clients for the quality of their legal skills, including individual recognition in Chambers Global, Chambers USA, the US Legal 500, U.S. News/Best Lawyers, Washington DC Super Lawyers and Law360’s Rising Stars.

Kelley Drye combines legal firepower with the analytical insights of the firm’s in-house economic experts – 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. Learn more about GES.

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
  • 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.

Representative Experience

Trade Remedies (AD/CVD/Safeguards)
  • Represented domestic industries in successful AD/CVD investigations leading to the issuance of orders and the imposition of duties on various products including:
    • Large Power Transformers from Korea (2012)

    • Prestressed Concrete Steel Wire Strand from China (2010)

    • Kitchen and Appliance Shelving from China (2009)

    • Small Diameter Graphite Electrodes from China (2009)

    • Activated Carbon from China (2007)

    • Polyester Staple Fiber from China (2007)
  • Represented domestic industries in successful AD/CVD sunset reviews leading to the continuation of orders on:
    • Steam-Activated Carbon from China (2013)

    • Clad Steel Plate from Japan (2013)

    • Stainless Steel Wire Rod from India (2012)

    • Cut-to-Length Carbon Quality Steel Plate from India, Indonesia and Korea (2012)

    • Tin and chromium coated steel sheet from Japan (2012)

    • Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia and the Philippines (2012)

    • Carbon steel products from numerous countries

    • Honey from China (2012)

    • Prestressed concrete steel wire strand from Brazil, India, Korea, Mexico and Thailand

    • Stainless steel bar from Brazil, India, Japan and Spain (2012)

    • Brass sheet and strip from France, Germany, Italy and Japan (2012)

    • Fresh garlic from China (2012)

    • Fresh and chilled Atlantic Salmon from Norway

    • Polyester staple fiber from Korea and Taiwan (2012)
  • Represented domestic industry in circumvention reviews of small diameter graphite electrodes (SDGEs) from China, wire rod from Mexico and honey from China.

  • Represented U.S. companies in appeals of various trade remedy cases before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit involving activated carbon, pasta, polyester staple fiber, carbon wire rod, hot rolled carbon steel, honey, garlic, stainless steel bar, stainless steel wire rod, grain-oriented silicon electrical steel and wire decking.

  • Represented various U.S. companies in charges of unfair trade practices in foreign markets before courts in Latin America, Africa, Europe and Asia. Products involved include live swine, bovine meat and other food products.

  • Participated in defending challenges to U.S. trade remedies before the Dispute Settlement Body of the WTO involving steel products from Europe and DRAMs from Korea.

  • Represented U.S. companies in challenges before NAFTA panels involving a variety of products from Canada or Mexico, including swine, pork, stainless steel flat-rolled products and carbon steel wire rod.
Export Controls and Compliance
  • Provided export compliance training, counseling and licensing assistance to a high technology company with over 20,000 monthly export shipments of electronic products, software and related technology, including a high percentage of exports containing encryption.

  • Assisted the European subsidiaries of a large U.S. company with over 24 foreign affiliates in the review of all products for export and re-export license requirements and related commercial and military export controls in the UK, Italy, Netherlands, Spain, France, Switzerland, Germany, Denmark, Belgium and Ireland.

  • Advised an international manufacturing company with $4 billion in annual revenue concerning numerous potential export control violations, analysis of potential voluntary disclosure, document retention policies and processes, improvements to their compliance system and related issues. Coordinated 35 U.S. and foreign site visits to conduct export compliance reviews. Conducted in-person advanced export compliance training seminars for compliance managers.

  • Assisted a large multinational telecommunications company in connection with the protection in Europe of encryption software against unauthorized disclosure in violation of U.S. and EU export control laws.

  • Prepared and implemented a customized compliance system at a large e-logistics provider with international operations.

  • Drafted content for Commerce and State Department export compliance modules for a major e-learning training provider.

  • Assisted with preparation, implementation and training for a customized compliance system at a major electronics supply company.

  • Drafted an EU Export Control Compliance Manual for a large company with products having military, dual use and nuclear applications; and advised the company on supplementary export control obligations arising in individual European countries.

  • Acted as advisor to U.S. pump and valve industry associations regarding export control issues.

  • Advised Fortune 50 retailer regarding export compliance issues. Drafted and designed web-based compliance training programs.

  • Prepared a voluntary self disclosure (VSD) involving 200+ ITAR-controlled exports of technical data - resolved with a warning letter.

  • Conducted an internal compliance audit and prepared a VSD for a radar system and laser guidance system component manufacturer. The matter involved more than 80 reported violations and was resolved with a warning letter. Provided remedial training and process improvements.

  • Prepared a VSD and implemented an export compliance system for a Patriot Air Defense System missile component exporter.

  • Conducted a compliance audit, prepared a VSD, and designed and implemented a compliance system for a missile propulsion and explosives manufacturer.

  • Prepared a VSD under ITAR and implemented compliance system improvements for a major valve manufacturer and supplier to the U.S. Navy.

  • Prepared an export compliance system for a major submarine component manufacturer.

  • Provided export compliance advice to numerous defense-industry clients, including: an aircraft fighter jet component exporter, a missile nose-cone manufacturer, leading composite materials defense products manufacturers and a start-up defense services/training company.

  • Provided ITAR classification advice to a battlefield fuel cells manufacturer.

  • Provided commodity jurisdiction advice to a military and commercial vehicle component manufacturer with $5 billion in annual revenue.

  • Provided commodity jurisdiction and compliance advice for a military/intelligence electronics manufacturer.
Customs

Represented a global and diversified Fortune 200 conglomerate including:

  • Completed a customs compliance assessment for the clients' largest importing group.

  • Assisted our client's largest importing group in becoming a validated C-TPAT member.

  • Advised on classification and marking ruling requests and NAFTA verification matters.

  • Conducted internal reviews, established import/export compliance programs, and provided on-site training for the company's business units.
FCPA
  • Conducted an intensive multi-country internal investigation for a major oilfield equipment company, including extensive document review, interviews and legal analysis. Subsequently, we represented this company in the SEC/DOJ settlement of Iraq Oil-for-Food payments alleged to be in violation of FCPA anti-bribery and accounting provisions. We also settled Oil-for-Food payment charges brought in the Netherlands in conjunction with local counsel.

  • Counseled and conducted an internal investigation for a major U.S. tobacco company regarding several FCPA matters. As part of this engagement, we conducted multiple training sessions and established an FCPA compliance system for the company.

  • Trained and counseled the U.S. Valve Manufacturers' Association of America and Hydraulic Institute (U.S. pump manufacturers' association) regarding FCPA matters. As part of this engagement, we conducted FCPA training and coordinated best practices approaches for industry members.

  • Provided FCPA compliance training in India to U.S. companies doing business there.

  • Advised multiple large companies regarding foreign subsidiary and foreign intermediary liability issues under the FCPA.

  • Represented a European joint venture in an internal investigation of possible violations of the FCPA and money laundering statutes. The investigation was conducted in 30 jurisdictions, including the United States, Europe, Africa and Asia, and required compliance with the data protection laws of several European countries.

  • Represented a French joint venture partner in connection with simultaneous administrative and criminal proceedings in France and the United States involving possible violations of the FCPA and French laws prohibiting bribery and money laundering.

  • Assisted a leading manufacturer of telecommunications equipment in an investigation of possible FCPA violations involving construction contracts in the Middle East.

  • Counseled numerous publicly traded companies regarding FCPA due diligence in proposed mergers and acquisitions.

  • Conducted internal corporate investigations regarding payments to government officials in Asia and Europe.

  • Represented companies in SEC investigations concerning compliance with records and bookkeeping provisions of FCPA.
International Dispute Resolution
  • Represented leading global dry grocery manufacturer before the USTR, avoiding the imposition of prohibitive tariffs on imports of Irish oats into the United States.

  • Represented the domestic polyethylene terephthalate (PET) resin industry before the ITC in successfully opposing a requested waiver of the competitive need limitation sought by Indonesian producers of PET resin under the US Generalized System of Preferences (GSP) program.
Market Access
  • Represented a plasma collection and therapeutics industry association on market access issues and foreign regulatory matters in Asian countries including China, Taiwan and Japan.

  • Represented a U.S. household goods manufacturer in negotiations with the Taiwanese government.

  • Represented U.S. outdoor power equipment manufacturers in negotiations with French and EU government officials regarding the application of the EU Machinery Safety Directive to U.S. exports.

  • Represented the U.S. automobile industry regarding access to the Japanese market.

  • Advised a U.S. automobile company on Eastern European tariff issues.

  • Represented the U.S. pork industry with respect to market access issues in Korea, Taiwan and Japan.

International Supply Chain Management Seminar Materials (PDF, 19.86 M)

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September 18, 2014

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October 8, 2014

International Trade Update

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