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Moore & Bruce, LLP is involved in all aspects of the
Federal regulation of import and export transactions.
Increasingly, complex international trade problems involve
more than a single Federal agency and require representation
before the Congress and/or specialized Federal courts with
jurisdiction over international trade matters. The Firm’s
attorneys are experienced practitioners before all three
branches of government.
Clients include importers, exporters, domestic manufacturers
concerned about foreign competition, and foreign
manufacturers seeking to preserve access to U.S. markets.
Our international trade practice is described below.
“Import Relief”. Although the US market is among the most
open in the world, the manner in which foreign companies may
compete is governed by a matrix of Federal statutes that in
certain circumstances provide mechanisms for domestic
industries to limit competition from abroad. These “import
relief” statutes include the anti-dumping laws, which remedy
price discrimination in international markets; the
countervailing duty laws, which remedy export subsidization
by foreign governments; the “escape clause,” which allows
the imposition of quotas or higher tariffs on imports which
have increased to the point where the domestic industry is
experiencing “serious injury;” Section 337, which remedies
unfair trade practices involving imports; and Section 301
which, although directed at opening foreign markets, allows
for retaliation against imports.
Some of the significant matters that members of the Firm
have handled include:
Representation before the Office of the United States Trade
Representative of an importer of semiconductor testing
equipment threatened with the loss of its entire U.S. market
under Section 301 in retaliation for alleged breaches by
Japan of a bilateral trade agreement;
Representation of the largest U.S. producer of electric
forklift trucks in a series of escape clause proceedings
before the International Trade Commission;
Representation of Slovenian fruit juice manufacturer in an
antidumping investigation;
Representation of importers of products from China to avert
retaliation against their products by the U.S. government
for China’s “unfair” intellectual property practices;
Prosecution of an unfair competition action before the
International Trade Commission under Section 337 on behalf
of a U.S. manufacturer of woodworking tools for infringement
of trade dress and unauthorized use of its marketing
materials
Law firms working on international trade matters often
restrict their practices to the representation of domestic
industries or foreign exporters. Moore & Bruce, LLP, as a
matter of policy, is unwilling to limit its practice in this
manner. In our experience, we represent the interests of
foreign exporters more effectively, because we have
prosecuted import relief cases. Similarly, we are better
able to represent domestic industries because of our
experience in representing foreign interests.
“Regulated Trade”. Although the US market is
generally regarded as a relatively open trading environment,
increasing protectionist pressures in certain industrial
sectors have resulted in the establishment of regulatory
regimes which make import transactions to the U.S. more
resemble “negotiated trade.” We are frequently called upon
to render advice to importers of products in these sectors.
Typical problems concern textile and apparel classification
issues. In addition, we frequently work with importers
needing to facilitate entries of restricted merchandise or
which require advice on compliance issues and country of
origin problems.
The firm is also experienced in matters within the
jurisdiction of the Office of Foreign Assets Control, US
Department of Treasury, concerning restrictions on offshore
trade. This agency regulates transactions with such
countries as Libya, Iran, Iraq and Cuba.
Trade Policy. We have also been called upon to
counsel foreign governments, trading companies and importers
on the implications of administrative and legislative
actions relating to international trade.
The Firm has an active legislative practice. For example, we
represented various “Shared FSC” entities before the
Congress, the Treasury Department and the Office of the US
Trade Representative in connection with the enactment of
legislation designed to replace the Foreign Sales
Corporation provisions of the Internal Revenue Code, which
the World Trade Organization had determined constituted
illegal export subsidies. In addition, during Congressional
consideration of the Omnibus Trade Act, members of the Firm
engaged in intensive lobbying against provisions that could
have forced termination of a client’s business in the United
States if the Senate-passed version of the legislation had
been enacted.
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