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Curtis’ International Trade Group specializes in assisting clients in analyzing where and how to locate production, distribution and other business facilities in order to maximize the client’s economic advantages in the World economy, including securing benefits under bi-lateral and multi-lateral investment agreements, such as NAFTA and GATT. In addition, the group advises clients on ways to minimize the possibility of becoming a target of a trade dispute and, if necessary, on how to defend themselves should a trade dispute arise or should their products become subject to international trade, tariff and customs barriers.

Consistent with the Firm’s approach of working closely with clients, the International Trade Group begins its representation of a client by eliciting as much information as possible about the clients’ specific industry focus and strategic goals. Based on this information, the Group works closely with the client to develop a plan regarding such matters as, for example, where to locate production, distribution and other facilities based on applicable rules of origin, and other factors, to maximize the clients’ ability to penetrate new markets or defend or initiate trade disputes. When faced with trade barriers, including, for example, anti-dumping duties, the Group is experienced in developing and presenting legal arguments to the proper trade authorities and, if necessary, in developing coalitions of interested public and private entities to improve trading conditions for our clients.

The Firm’s experience includes:

  • WTO/GATT. Advice regarding the application of GATT law and the representation of industries and companies when involved in WTO trade disputes.
  • FTAs. Advice regarding application of Free Trade Agreements including NAFTA and other bilateral and regional agreements.
  • Market Access. Assist companies with products affected by government action that impedes access to markets. Assist companies and industries to negotiate market access for their goods when subject to technical or other trade barriers.
  • Technical Barriers to Trade (standards and technical regulations). Assist companies in complying with technical regulations such as consumer protection, unfair trade practices, intellectual property and product standards. Development of compliance guidelines for specific situations.
  • Sanitary and Phitosanitary Measures. Assist with compliance with the laws affecting the importation of agricultural and food related goods. Represent companies before governmental authorities when products are subject to sanitary and phitosanitary measures.
  • Rules of Origin. Advice and strategy regarding the application of rules of origin and import classification of products, including the sourcing of inputs.
  • Customs Seizures. Representation of companies whose products have been seized by Customs authorities in the U.S. and Latin America.
  • Safeguards. Representation of companies subjected to bilateral and global safeguard investigations. Advice on the application of international trade laws that help exclude products from this type of investigations.
  • Antidumping. Representation of companies subjected to antidumping investigations and reviews before the U.S. International Trade Commission and the Department of Commerce. Review and advice to companies to ensure sales practices are compatible with dumping laws.
  • Countervailing Measures. Representation of companies subjected to countervailing investigations and reviews due to subsidy practices before governmental authorities. Review and advice to companies to ensure sales practices are compatible with applicable countervailing duty measure laws.
  • Government Negotiation. Representation of companies and industries before governmental authorities regarding international trade laws and regulations that affect such companies or their products.
  • Trade Capacity Building. Assist in developing tools and institutions to help improve international trade flows.
  • Foreign Investment. Assist clients in the development, authorization and formation of international investments.
  • Dispute Settlement. Representation in international dispute settlement procedures initiated under free trade agreements, including investor-state arbitrations and disputes arising from dumping and countervailing duty measures under NAFTA.
  • State Enterprises. Advice on trading with State enterprises and on trading with private enterprises.
  • Government Procurement. Advice and representation in the purchase of goods and services by or from the government through bid procedures.
  • Temporary Entry for Business Persons Immigration. Representation to permit corporate officers and employees to enter a foreign country for the purpose of carrying out business activities.

Select Representative Matters Include:

  • Representation of a large Latin American currency exchange broker in the release of a shipment of international currency seized by U.S. Customs.
  • Representation of the largest Mexican pasta producer in the release of multiple agricultural export shipments seized by Guatemalan Customs because of sanitary and phitosanitary concerns.
  • Representation of a leading Latin American diaper producer and exporter in a government investigation under Section 337 of the Tariff Act of 1930, requested by a U.S. competitor because of alleged U.S. patent infringement.
  • Representation of clients in the release of multiple shipments of a chemical products seized by Customs because of problems with certificates of origin.
  • Representation of the Mexican match industry in a WTO dispute settlement litigation brought against Mexico regarding an alleged breach of international market access rules.
  • Advice to Mexican clients on compliance regarding importation under NAFTA and national trade laws advice regarding sourcing and design of products to meet the NAFTA rules of origin.
  • Representation of U.S. manufacturer regarding a Rule of Origin dispute under NAFTA.
  • Structuring of duty drawback scheme for a U.S. firm for parts to be imported from China to Mexico for production and eventual export to U.S. and Latin American markets.
  • Advising with respect to transfer pricing cases involving potential Internal Revenue Service adjustments to pricing on the sale or transfer of tangible and intangible property, or the rendition of services, between related parties, including analysis of appropriate transfer pricing methodologies, developing measures to prevent the application of transfer pricing adjustments and penalties, and applying for and negotiating advance pricing agreements with the IRS.
  • Representation in investigations and reviews carried out by U.S. authorities companies affected by antidumping, subsidies and/or safeguard petitions.
  • Analysis of risks faced by exporter to U.S. market under U.S. anti-dumping and subsidy rules.
  • Representation of the largest Mexican matchbook producer in avoiding federal litigation threatened by U.S. competitors claiming Mexican imports violated U.S. consumer product safety rules, and advice in developing internal consumer product safety compliance procedures to meet all legal safety requirements.
  • Representation of fishing industries from multiple countries before U.S. government authorities in the negotiation of production standards to regain U.S. market access for their exports.
  • Representation of a Latin American governmental entity regarding government procurement rules under NAFTA.

Partners & Counsel
The following partners and counsel practice in this area:

 

 
 

Curtis, Mallet-Prevost, Colt & Mosle LLP
Attorneys & Counsellors at Law


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