International Business Transactions & Investments
With a highly developed international practice, our lawyers have helped our clients effectively address a broad range of trade and customs issues, especially in the U.S.-China transaction context.
We advise and represent Chinese clients in anti-dumping (“AD”) and countervailing duty (“CVD”) proceedings, customs classification, duty remission and rules of origin cases, as well as in matters relating to quotas, other import restrictions and export licensing.
Our attorneys advise Chinese clients on U.S. sanctions and export control laws, including the requirements administered by the Office of Foreign Assets Control, the Export Administration Regulations and anti-boycott limitations administered by the Department of Commerce, and the International Traffic in Arms Regulations administered by the State Department. We advise foreign clients on foreign investment controls that may apply to their prospective U.S. acquisitions and on the process for national security review.
U.S. trade remedies are highly regulated, for good reason, by the government because unfair foreign pricing and government subsidies distort the free flow of goods and adversely affect American business in the global marketplace.
When a U.S. industry believes that it is being injured by unfair competition through dumping or subsidization of a foreign product, it may request the imposition of antidumping or countervailing duties.
Our Firm assists our clients in producing the necessary documents for the ITC procure a favorable AD or CVD order, which is issued upon the completion of their investigations.
Petitions may be filed by a domestic interested party, including a manufacturer or a union within the domestic industry that competes with the imports to be investigated. AD and CVD remedies have been successfully pursued by a variety of domestic industries including producers of steel, industrial equipment, computer chips, agricultural products, textiles, chemicals and consumer products.
In light of the war on terrorism and stricter regulation of border security, businesses engaged in the cross-border exchange of goods face a multitude of new laws and initiatives in addition to the traditional array of responsibilities required by the United States.
While there is good reason to strengthen border security, without careful planning, such regulations have the unfortunate result of hindering the efficient movement of goods. The mission of our Firm remains simple and clear: to optimize our clients’ ability to legally engage in the cost-efficient and timely exchange of goods across borders.
Our Firm aims to offer solutions tailored to each client. In carrying out these numerous and varied efforts, The Firm facilitates the expeditious trade of goods across borders by (1) minimizing customs duties, fees and taxes to the extent permitted by law, (2) ensuring compliance with the hundreds of laws enforced by Customs at the border and (3) strengthening supply chain and border security in accordance with new and emerging laws and initiatives.
We provide advice and counsel to U.S. and Chinese importers and exporters with regard to a wide variety of matters before U.S. Customs and Border Protection, including classification, valuation, country of origin marking, investigations and rulings, homeland security regulations, "gray-market" goods, requests for classification and valuation rulings.
Navigating the ever-changing environment of international business requires companies that engage in the exchange of goods and services across international borders to be vigilant in addressing import controls laws.
These laws are generally enforced by countries and customs unions. In the U.S., under the direction of the Department of Homeland Security and the Treasury, these laws necessitate proactivity from businesses to avoid government sanctions.
Our Firm provides tailor-made solutions for each client and matter, and we work enthusiastically to ensure our clients’ success in complying with government import controls laws. Our clients benefit from our interdisciplinary approach that brings together attorneys across a spectrum of practice areas, including corporate and tax.
Foreign Direct Investment (“FDI”)
Foreign direct investment (“FDI”) in China has boomed, both in value and in complexity.
Burgeoning domestic markets, increasingly favorable regulations governing foreign investment and improving integration of China with the world economy are just a few examples to explain the growing abundance of opportunities for multinational firms. On the other hand, the pursuit of these opportunities is not without its pitfalls. China market entrants face a myriad of obstacles, ranging from cultural and language barriers to lingering questions regarding structuring, control and the protection of intellectual property rights.
Our China-Related Practice has a history of successfully representing multinational entities with their FDI and acquisition projects in China. We offer a full range of relevant legal strengths in corporate, finance, intellectual property, government approvals, labor and employment, and tax law. Our experience reconciling relevant U.S. and Chinese legal practices affords our clients cutting edge insights into what will and will not work in the China market.