U.S. government regulation of international trade is extensive and inescapable.  Our team helps exporters and importers understand these wide-ranging regulatory requirements to ensure that they are in compliance with U.S. trade laws and have the fullest possible access to the U.S. and overseas markets.

A natural development from our core services, Trade Pacific helps companies comply with other trade-related regulations.  We offer counsel to companies when U.S. federal agency enforcement of those regulations disrupts transactions.

Antidumping and Countervailing Duties
Antidumping duty (AD) actions arise when a domestic industry alleges that imports of particular goods from specific countries are being sold at less than a fair value and that the “dumped” goods are causing economic injury to the domestic producing industry.

Like AD actions, countervailing duty (CVD) actions are product- and country-specific and arise when domestic companies allege that their foreign exporters are being unfairly subsidized by their governments.

AD/CVD investigations produce results that extend for years and sometimes decades.  Inadequate or ineffective participation in AD/CVD investigations may result in antidumping duties and countervailing duties that effectively prohibit access to the U.S. market.  Successful participation in AD/CVD proceedings gives exporters and importers tremendous competitive advantages.

Trade Pacific represents companies in annual administrative reviews at the Commerce Department with the aim of obtaining refunds of duties and the lowering of future duty deposits.  We have successfully helped companies reduce or eliminate duties through administrative review, scope ruling requests, circumvention inquiries, new shipper reviews, and sunset reviews.

Trade Pacific regularly advises U.S. importers to determine proper classification, valuation, rule-of-origin issues, and whether antidumping/countervailing duties apply.  We advise companies responding to a variety of inquiries and investigations from U.S. Customs and Border Protection, and work regularly with clients to develop strategies to minimize the duties they pay.
Export Controls and Economic Sanctions
Trade Pacific helps companies comply with the full range of laws and regulations governing the export of goods, software and technology from the United States and abroad.

These laws include the Bureau of Industry and Security’s (“BIS”) Export Administration Regulations (“EAR”), the Directorate of Defense Trade Controls’ (“DDTC”) International Traffic in Arms Regulations (“ITAR”) and the Office of Foreign Assets Control’s (“OFAC”) economic sanctions regulations, as well as similar laws imposed in other countries.

Trade Pacific’s services include determining whether export licenses are required for transactions and technology transfers (even domestic transfers) and drafting license applications. We also conduct investigations and audits, draft and resolve voluntary disclosures and conduct due diligence in acquisitions. In addition, Trade Pacific helps companies avoid impermissible boycott requests and comply with reporting requirements under the antiboycott laws. Trade Pacific also provides training and drafts policies and procedures in these areas.

Our practice has also been featured in the international trade compliance periodical WorldECR. See below.

FCPA / Anti-Corruption
Trade Pacific helps companies comply with the U.S. Foreign Corrupt Practices Act (FCPA) and similar anti-corruption laws around the globe. Enforcement of the FCPA continues to be a priority enforcement area for the U.S. government and, therefore, a significant risk area for companies. Increasingly, however, laws in other countries also create substantial risks. We help evaluate whether transactions would create liability under these laws, conduct investigations and resolve possible violations. We also provide training and draft policies and procedures that help ensure compliance.
Food and Drug Administration
A service that complements our core trade remedy services, Trade Pacific keeps our clients well-advised with respect to significant changes to U.S. food safety laws, particularly seafood HACCP, and regulations resulting from the Food Safety Modernization Act. Trade Pacific works with clients to get removed from Import Alert listings, to avoid and expedite administrative detentions at the border, and to improve internal compliance procedures.
Safeguard Measures
Safeguard measures, under Sections 201 and 421 of the Trade Act of 1974, are less frequently relied on as a source of protection from imports by U.S. industries.  Safeguards may impose restrictions on imported goods for up to four years if the International Trade Commission determines that overall U.S. imports of a product are causing serious injury to a U.S. industry(regardless of whether the imports are fairly traded).  The ITC decides whether a domestic industry has been injured, and then recommends a remedy that might include increased tariffs, quotas, trade adjustment assistance or other relief.  These recommendations are forwarded to the President, who has discretion to determine what and whether relief will be implemented.
Trade Policy
Trade Pacific’s clients operate in the complex and competitive global marketplace, which frequently raises unique challenges that arise when moving goods across borders.  Through our in-depth knowledge of our clients’ business and industries, Trade Pacific supports its clients’ strategic objectives by identifying their needs and developing solutions that create value for their core business operations.  This includes providing legal and policy advice on accessing new markets, overcoming regulatory hurdles in foreign markets, and crafting practical approaches to resolving disputes.  We also monitor global trade issues, including the negotiation and interpretation of bilateral, regional, or multilateral trade and investment agreements.  Our professionals have also represented and advised clients on trade policy disputes arising under the World Trade Organization agreements.