Heller Ehrman has one of the largest and most respected teams of international trade lawyers in the United States, with attorneys who are considered among the best and brightest in this expanding field.

Our lawyers have decades of experience handling all types of international trade disputes and issues. Over the past two decades we have represented exporters and importers involved in some of the most significant international trade cases, including several of the largest cases involving exports from Asia.

Our roster of clients represents virtually every player in international trade, including foreign governments, trade industry associations and manufacturers, as well as U.S. importers and consumers. We have represented clients in a wide array of industries, including natural resources, agriculture and aquaculture, steel, pharmaceuticals and medical devices, semiconductors, electronics, software, and a broad range of consumer goods.

Trade Remedy Cases  Antidumping, Subsidy (CVD) and Safeguard

We take an aggressive, hands-on approach in managing a case, marshalling our resources efficiently and effectively. While others rely on outside consultants, we personally take charge of a matter, digging deep to find the facts and uncovering information from unexpected sources. We have an in-house economic support team that distills economic analyses from the massive amounts of data compiled in international trade cases.

We make the extra effort to build the strongest possible defense for our clients.  We explore every avenue to minimize any antidumping and CVD duties that may be imposed.  And we have years of experience defending exporters and importers in antidumping cases against non-market economy countries, such as China and Vietnam. In these cases, the Department of Commerce applies special antidumping calculation rules.

We also have a record of success before the ITC in injury proceedings that is virtually unrivaled, winning 70 percent of the cases in which we led the defense. Because of our reputation, our lawyers have been selected as lead counsel on behalf of exporters in many major ITC proceedings.

All of our senior lawyers have been individually named by Chambers USA as “leading lawyers” for international trade disputes.

Section 337 Cases

Heller Ehrman's attorneys have appeared in over 65 Section 337 cases spanning more than 20 years, including some of the largest and most prominent matters that have come before the ITC. Our cumulative experience is critical in this fast paced litigation in which discovery lasts only a few months and a case goes to trial in 8-10 months There is little room for "learning on the job."

Our attorneys remain involved after an order is issued, and we have significant experience working with Customs and the ITC to successfully implement and enforce both limited and general exclusion orders. Our knowledge of the nuances of real-world enforcement translates into increased efficiency in preparation and case management, more effective results-focused litigation strategy, and better business outcomes at the border after an exclusion order issues.

Heller Ehrman has a rare combination of strengths, with a dedicated and knowledgeable team of Section 337 attorneys in Washington, D.C., highly regarded IP litigators and attorneys with technical backgrounds throughout the firm, and local presence in China and other key foreign countries. We have the capacity to quickly assemble Section 337 case teams firmwide to handle the largest and most complex matters.

Customs and Import Regulation

We offer a comprehensive customs and import regulatory practice that includes analyzing complex import regulatory issues, surveying and auditing import operations, establishing “real-world” compliance programs, and developing practical methods for minimizing customs duties.

We advise clients on the full range of U.S. customs compliance matters, including merchandise classification, valuation, country of origin marking, and drawback and other duty savings opportunities, as well as import safety and security programs, such as the Customs-Trade Partnership Against Terrorism. 

We represent clients in Customs audits— Focused Assessments and the Importer Self-Assessment program — and in complex prior disclosures, penalty proceedings and litigation before the Court of International Trade and the Federal Circuit.  With offices in Anchorage, Los Angeles, New York and other major U.S. ports, we are able to interface directly with local customs officials on intellectual property rights seizures, negotiations over penalty matters and other pressing issues.

We also have advised clients on import-related regulations administered by other agencies and departments, including the Food & Drug Administration, Alcohol and Tobacco Tax and Trade Bureau, Consumer Products Safety Commission, Environmental Protection Agency, and the Departments of Agriculture, Commerce, Energy and Transportation. 

Export Controls and Economic Sanctions

We counsel clients on a broad array of compliance, licensing, and enforcement issues arising under U.S. laws governing exports, re-exports, technology transfers and related transactions.

We help companies assess compliance risks and determine regulatory requirements triggered by specific transactions and business relationships, including compliance with the applicable U.S. government licensing, reporting, export documentation, and record-keeping requirements.

We assist companies in obtaining U.S. government licenses and other approvals, such as BIS licenses for exports/re-exports of commodities, software, and technology, and technology transfers to foreign nationals in the United States (“deemed exports”).

We also help clients with BIS technical reviews for encryption products as well as with DDTC approvals for exports/re-exports and temporary imports of defense articles, technical data, and provision of defense services, including technical assistance and manufacturing agreements. Our work includes BIS and OFAC licenses for commercial sales of certain medicines and medical devices to Cuba, Iran and Sudan — countries subject to U.S. trade embargoes.

With our experience in regulatory matters and white collar crime and investigations, we can assist clients in resolving enforcement matters arising under all regulatory regimes. Our attorneys help clients minimize the risk of violations, conduct internal investigations, prepare voluntary disclosures, and respond to government inquiries.  We also provide representation in the event of civil or criminal enforcement action.

World Trade Organization

Our lawyers have extensive experience advising foreign countries and industries in disputes and negotiations before the WTO and in various bilateral/regional trade contexts. We have prosecuted and defended WTO dispute settlement proceedings and advised both governments and companies on multilateral and bilateral negotiations involving trade remedies, intellectual property, customs procedures, sanitary and phytosanitary measures, technical barriers to trade, and other subjects.

Inbound and Outbound Investment and Market Access

Heller Ehrman has broad experience advising clients on legal, business and political risks in connection with national security reviews of foreign direct investment into the United States, which are conducted by the Committee on Foreign Investment in the United States (CFIUS).

Heller Ehrman attorneys have represented clients before CFIUS in both the formal review process and informal consultations with CFIUS agencies concerning proposed transactions.  Our recent engagements relating to CFIUS involved entities — including foreign government-owned enterprises — in a number of industries, such as aviation, telecommunications, and financial services. 

Our lawyers have assisted multinational companies with outbound investment and market access issues by providing pre-investment due diligence and by structuring investments to mitigate political and other risks. To help our clients, we have used investor protections in Free Trade Agreements or gained the assistance of the Overseas Private Investment Corporation or other political risk insurance providers. When overseas investment or market access issues arise, our attorneys have experience securing equitable treatment, resolving disputes and ensuring open access to foreign markets. 

Foreign Corrupt Practice Act

Our lawyers assist both U.S. and non-U.S. companies with issuing arising under the U.S. Foreign Corrupt Practices Act (FCPA). We have advised clients on FCPA compliance matters and  Justice Department investigations related to activities in China, India, Pakistan, Indonesia, Thailand, Malaysia and the Philippines – countries that have been targeted in FCPA probes. We also have handled major engagements relating to the USA PATRIOT Act and Office of Foreign Assets Control issues.

Customs Issues & Import Regulation

Heller’s Ehrman’s international trade lawyers offer a comprehensive customs law practice.  We have extensive experience in analyzing complex customs issues, surveying and auditing import operations, establishing “real-world” compliance programs, and developing practical methods for minimizing customs duties.  We also represent clients in all aspects of Customs’ administrative proceedings, including fines, penalties, seizures, forfeitures, liquidated damage claims and voluntary disclosures.  Moreover, if issues are not favorably resolved at the administrative level, we will pursue the matter before the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.

Customs Audits/Compliance Assessments

Our lawyers have assisted clients with compliance assessments, focused assessments, follow-up reviews and audits by the U.S. Bureau of Customs and Border Protection.  We provide expert counsel that encompasses the pre-audit, audit, and audit determination stages of these proceedings.  We have particular experience in related party importer situations, such as defending the validity of transaction value as the basis of appraisement. 

Country of Origin

Heller Ehrman’s lawyers work with importers to ensure that the country of origin is correctly identified, merchandise is properly marked, and certification requirements are satisfied.  We advise clients on application of the substantial transformation test to articles (particularly electronic products, automotive, and steel products) produced in multiple foreign countries and articles processed in the United States after importation.

Classification

We routinely assist clients with tariff classification issues.  We are proficient in working with the Harmonized Tariff Schedules and the Explanatory Notes of numerous countries and we are experienced in handling protests and internal advice requests.  We frequently meet with Import Specialists and Customs officials of all levels on behalf of our clients. 

Valuation

Heller Ehrman’s international trade lawyers have extensive experience interpreting and applying complex statutory valuation provisions to properly determine the dutiable value of imported merchandise.  We frequently help importers develop strategies for minimizing duty liability. This often involves an in-depth analysis and breakdown of many transactions and assessing the dutiability of commissions, royalties, assists, payments for research and development, tooling payments, and other costs and charges incurred in import transactions. 

Preferential Duty Programs, Exemptions, and Refunds

Minimizing duty liability also includes determining whether there are duty savings opportunities that can be obtained through the use of preferential duty programs, duty exemptions, and refunds, such as NAFTA, GSP, FTZs, TIBs, FTAs, American Goods Returned, and duty drawback.

Export Controls

Heller Ehrman attorneys help U.S. and foreign companies conduct outbound trade and investment while effectively managing regulatory compliance risks under the applicable U.S. export controls, defense trade controls, economic sanctions, and antiboycott laws.

We counsel clients on a broad range of compliance, licensing, and enforcement issues arising under U.S. laws governing exports, reexports, technology transfers, and related transactions. These regulatory frameworks include: exports and reexport controls administered by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) that apply to commodities, software, and technology with both commercial and military applications (“dual-use items”); defense trade controls administered by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) that apply to exports, reexports, and temporary imports of defense articles and related technical data and defense services; trade embargoes and economic sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”); and foreign boycott-related restrictions and reporting requirements set forth in both Commerce and Treasury Departments’ antiboycott laws.

Transaction-Specific Risk Assessment

We help companies assess compliance risks and determine regulatory requirements triggered by specific transactions and business relationships, including compliance with the applicable U.S. government licensing, reporting, export documentation, and record-keeping requirements.

Licensing

We assist companies in obtaining U.S. government licenses and other approvals such as BIS licenses for exports/reexports of commodities, software, and technology, and technology transfers to foreign nationals in the United States (“deemed exports”); BIS technical reviews for encryption products; DDTC’s approvals for exports/reexports and temporary imports of defense articles, technical data, and provision of defense services, including technical assistance and manufacturing agreements; BIS and OFAC licenses for commercial sales of certain medicines and medical devices to countries subject to U.S. trade embargoes (Cuba, Iran, Sudan).

Due Diligence in Corporate Transactions

Building on our broad compliance expertise, we routinely perform regulatory due diligence in the context of proposed mergers and acquisitions, joint ventures, and various types of cross-border strategic relationships. We help clients identify liability risks related to pre-acquisition transactions, devise contractual and other strategies to address such risks, and target specific compliance risks to ensure that future business operations fully comply with the applicable regulatory requirements. We also assist clients in identifying potential export controls issues and negotiating related security agreements in the context of the review of foreign acquisitions by the Committee on Foreign Investment in the United States (“CFIUS”) pursuant to the Exon-Florio Amendment to the Defense Production Act of 1950.

Compliance Programs and Training

With growing emphasis on self-regulation and compliance expectations trended upwards, we help clients ensure that their internal controls effectively safeguard against violations and stay up to date. Capitalizing on our expertise spanning all relevant  regulatory frameworks, , we assist clients in designing and implementing comprehensive internal compliance programs and assessing the efficacy of their existing internal controls. In doing so, we assist clients in drafting compliance manuals and codes of conduct, and provide internal training to ensure compliance with the relevant regulatory requirements.

Enforcement

 Drawing on our regulatory depth and white collar crime and investigations capabilities, we assist clients in resolving enforcement matters arising under all regulatory regimes noted above. Our attorneys help clients minimize the risk of violations, conduct internal investigations, prepare voluntary disclosures, and respond to government inquiries. We also provide representation in the event of civil or criminal enforcement action.

FCPA

With the expanding reach of U.S. laws and the extra-territorial jurisdiction of U.S. regulatory agencies and courts, our attorneys routinely advise Asia-based clients in the firm’s traditional areas of strength – U.S. antitrust and securities disputes, investigations and litigation. With extensive experience both in the United States and on the ground in Asia, we are well positioned to represent Asia-based clients in U.S. government regulatory and criminal investigations as well as in complex commercial litigation. We have one of the strongest U.S. Foreign Corrupt Practices Act practices in Asia and have advised clients on FCPA compliance matters and U.S. Justice Department investigations related to activities in China, India, Pakistan, Indonesia, Thailand, Malaysia and the Philippines – some of the region’s riskiest countries in terms of FCPA exposure. Our capabilities in this area also include major engagements relating to the USA PATRIOT Act and Office of Foreign Assets Control issues.

Section 337

Our Capabilities

Section 337 Investigations

U.S. law allows an intellectual property owner to seek remedies before the U.S. International Trade Commission ("ITC") for unfair practices related to imports into the United States. This includes imports that infringe U.S. patents, trademarks and copyrights. The proceedings are expedited: The ITC issues a final decision and remedial order within 12-18 months from filing. The remedy is powerful: An exclusion order enforced by U.S. Customs and Border Protection ("Customs") barring importation of all infringing products. The remedy is available to any company – whether based in the United States or abroad – that owns a U.S. intellectual property right and exploits that right within the United States. A more extensive overview of the proceeding can be found in our Guide to Section 337 Investigations.

Heller Ehrman's attorneys have appeared in over 65 Section 337 cases spanning more than 20 years, including some of the largest and most high-profile matters to have come before the ITC. This cumulative experience is critical in the setting of fast paced litigation – where discovery lasts only a few months and the case is brought to trial in 8-10 months, there is little room for "learning on the job." In addition to our track record of successfully litigating original investigations before the ITC, our attorneys routinely remain involved after an order issues, and have significant experience in working with Customs and the ITC to successfully implement and enforce both limited and general exclusion orders. Knowledge of the nuances of real-world enforcement translates directly into increased efficiency in preparation and case management, more effective results-focused litigation strategy, and better business outcomes at the border after an exclusion order issues.

Drawing on the strengths of a dedicated and knowledgeable team of Section 337 attorneys in Heller Ehrman's Washington, D.C. office, highly regarded IP litigators and attorneys with technical backgrounds throughout the firm, and local presence in key foreign countries such as China, Heller Ehrman has the capacity to assemble Section 337 case teams to handle the largest and most complex matters.

Representative Engagements: Section 337 Investigations

• 3M (Complainant): Certain Gel-Filled Wrist Rests and Products Containing Same, USITC Inv. No. 337-TA-456.
• Altera Corporation (Complainant): Certain Programmable Logic Devices and Products Containing Same, USITC Inv. No. 337-TA-453.
• Atmel Corporation (Complainant): Certain Erasable Programmable Read Only Memories and Products Containing Same, USITC Inv. No. 337-TA-395.
• Crews, Inc. (Respondent): Certain Safety Eyewear and Components Thereof, USITC Inv. No. 337-TA-433.
• Eaton Corp. (Complainant): Certain Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof, USITC Inv. No. 337-TA-503.
• Fortinet, Inc. (Respondent): Certain System for Detecting and Removing Viruses or Worms, Components Thereof and Products Containing the Same, USITC Inv. No. 337-TA-510.
• Genentech, Inc. (Complainant): Certain Recombinantly Produced Human Growth Hormone, USITC Inv. No. 337-TA-358.
• Meretek Diagnostics, Inc., and Medquest PTY, Ltd (Complainants): Certain Breath Test Systems for the Detection of Gastrointestinal Disorders and Components Thereof, USITC Inv. No. 337-TA-495.
• NEC (Respondent): Certain Dynamic Random Access Memories, Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-242.
• New Holland North America, Inc (Complainant): Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers and Components Thereof, USITC Inv. No. 337-TA-486.
• Nidek (Respondent): Certain Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419.
• Nokia (Respondent): Certain Cellular Radiotelephones and Subassemblies and Component Parts Thereof, USITC Inv. No. 337-TA-297.
• Old Dominion Footwear, Inc. (Respondent): Certain Foam Footwear, USITC Inv. No. 337-TA-567.
• PhotoWorks,Inc. (Respondent): Certain Lens-Fitted Film Packages, USITC Inv. No. 337-TA-406.
• Tilia Inc. (Complainant): Certain Vacuum Packaging Machines, USITC Inv. No. 337-TA-496.

Trade Remedy

The U.S. antidumping and countervailing duty laws are administered by two separate agencies. The International Trade Commission (ITC) investigates whether the targeted imports cause the U.S. industry to suffer material injury. The Department of Commerce (DOC) calculates the dumping and subsidy margins.

Heller Ehrman’s international trade lawyers in DOC proceedings have achieved numerous successes for our clients. In several cases, we were able to defend de minimis dumping and countervail margins, which allowed our clients to avoid the continuing burden of orders. In many other cases, our clients obtained the lowest margins of the various foreign respondents participating in the investigation.

We also are committed to undertaking sophisticated quantitative analyses in-house to maximize defense efforts while controlling client costs. We have a team of non-lawyer specialists, including former DOC officials, who continuously run simulations on the client databases during the preparation of the responses. This approach allows our lawyers to develop the methodologies and presentations that provide the lowest possible margins. Based on these simulations, we also can advise clients much earlier in the process what to expect from the investigation and can suggest alternative approaches if the margins are commercially unacceptable.

Our experience also extends to administrative reviews. In those cases in which our clients become subject to an antidumping or countervailing duty order, we work with the client to obtain the best possible result in the annual administrative review process. We have successfully implemented administrative review strategies that allowed our clients to establish successive “zero margins” resulting in order revocations. To help our clients with antidumping review planning, we developed a proprietary software process that clients use to effectively monitor and control their ongoing dumping liabilities.

We do all of this work in-house, unlike many law firms that subcontract the heart of the legal defense work to non-lawyer consultants and others. Our belief is that lawyers cannot adequately defend the client’s interests without being completely immersed in the facts and margin methodologies. If there are key accounting or economic issues, our lawyers grapple with them until they are mastered. This approach has allowed us to pioneer new ground in the application of the antidumping law to hyperinflationary economies, to win key battles over the allocation of R&D expenses, and to craft creative approaches to the treatment of indirect expenses.