Counseling clients worldwide on the complexities of import and export regulation and providing aggressive representation in unfair trade practice cases.
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International Trade Practice and Defense

What We Do

  • Over the last 35 years, the professionals of KalikLewin have successfully represented and defended U.S. importers and international producers/exporters of industrial and consumer products as diverse as metals, industrial bearings, chemicals, apparel, footware, musical instruments, foodstuffs, juices and beverages and machine tools before the U.S. Courts, World Trade Organization (WTO), U.S. Department of Commerce (DOC), the U.S. International Trade Commission (ITC), U.S Customs and Border Protection (CBP), U.S. Food and Drug Administration, the United States Trade Representative (USTR) and various foreign courts. These proceedings involved multiple investigations, administrative reviews, and sunset/five-year reviews under Sections 701, 731, 735, 751, 753 of the Tariff Act of 1930 (antidumping and countervailing duty) Sections 201 and 301 of the Trade Act of 1974 (safeguards and unfair trade practices) and Section 232 of the Trade Expansion Act of 1962 (national security) against imports of these products. In recent years, the firm has defended global clients against antidumping and safeguards actions not only in the U.S. but in Brazil, China, the Philippines, Canada and the European Union.
  • The firm’s achievements include the only successful revocation of an antidumping duty order at the DOC-stage of a sunset review; one of the few negative determinations in a preliminary investigation by the ITC; the development of an approach of first impression for utilizing duty drawback to offset the duty expense deduction from gross price in the DOC’s U.S. price calculations for antidumping purposes (upheld by the courts); serving as co-counsel in Brazil’s successful WTO challenge of the U.S.’s use of zeroing in its dumping calculations; the successful appeal before the U.S. Court of Appeals for the Federal Circuit of the DOC’s refusal to accept corrective data in an antidumping review, and a unanimous vote in favor of revocation of the antidumping duty order on Certain Orange Juice from Brazil by the ITC in an initial Sunset Review.
  • KalikLewin specializes in strategically planning import, export and manufacturing programs to achieve maximum drawback benefits. The firm has successfully sought from CBP on a number of products tens of millions of dollars in drawback. On multiple occasions the firm has defended challenges by the federal government to an exporter’s right to receive drawback of not only duties but also taxes and fees paid upon importation. These efforts included successfully advocating legislative changes to the drawback statute as well as forcing the withdrawal of two Notices of Proposed Rulemakings seeking to eliminate the right to receive drawback of excise taxes collected on import.

How We Help Clients

  • KalikLewin offers comprehensive strategic trade planning defense strategies to manage the risks associated with the additional tariffs and duties imposed under U.S. antidumping and countervailing duty law and quotas imposed under U.S. safeguards actions. The firm assists clients at all stages of the trade regulation process. For clients importing into the U.S., KalikLewin uses the Department of Commerce’s own calculation methodologies to assist clients in planning pricing and sales practices to avoid tariffs and duties, and provides representation at every stage of unfair trade practice proceedings, at the administrative level in responding to DOC and ITC questionnaires, at hearings before the ITC, and in litigation before the U.S. Court of Appeals for the Federal Circuit and U.S. Court of International Trade.
  • The firm represents clients in all aspects of the drawback claim process, including requesting pre-determinations of commercial interchangeability, applying for general and specific manufacturing drawback contracts, applying for accelerated payment and waivers of prior notice of intent to export, assigning drawback rights and monitoring drawback programs for ongoing compliance with CBP requirements.

Representative Achievements in U.S. Trade Actions

  • Served as Co-Counsel in successfully seeking a sunset by the ITC of the Antidumping (“AD”) Duty Order on Certain Orange Juice from Brazil (March 2012).
  • Served as Co-Counsel with the Brazilian government before the WTO in successful challenge of the U.S.’s “zeroing” practice in AD reviews (March 2011).
  • Won multiple trade case appeals at the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit challenging the Department of Commerce’s calculation methodologies in AD duty order reviews. The appeals will result in the refund of over $20 million in AD duty deposits.
  • Successfully Represented Thai Producer of Furfuryl Alcohol in administrative reviews of AD order, securing zero and de minimis margins in three reviews, and in “Sunset Review” of AD order, the only time an AD order was revoked based upon DOC negative determination in Sunset Review.
  • Successfully Represented U.S. manufacturers of Chloropicrin in two Sunset Reviews of AD Order on Chloropicrin from China, securing continuation of AD Order on subject imports.
  • Successfully Represented Indonesian Producer of PET Resin before Commerce Department in AD investigation, resulting in termination of AD Investigation of Producer.
  • Successfully Represented Canadian Processors of Kosher Chicken in AD Investigation. Investigation terminated at ITC Preliminary stage following negative ITC injury determination.
  • Successful Ongoing Representation of Ukrainian Steel Producers in negotiation of suspension of U.S. AD investigation of cut-to-length carbon steel plate; negotiation on transition to Market Economy Suspension Agreement; and “Normal Value” Reviews to determine Minimum Export Prices for their products to the United States.
  • Secured withdrawal of Domestic Industry Request for Antidumping Administrative Reviews on behalf of Chinese Honey Producers, rescinding Review of those Producers in two Administrative Reviews.

Representative Achievements in U.S. Foreign Actions

  • Twice successfully defended Canadian Spirits producers in Canadian AD case against Corn from the U.S.
  • Successfully represented Ukrainian Steel Producers in first Chinese Safeguards Investigation, avoiding Chinese import restrictions on steel slabs from Ukraine.
  • Successfully defended association of U.S. importers against retaliation arising from U.S.-China intellectual property dispute under Section 301 of the Trade Act of 1974.
  • Advised Foreign Government in potential WTO disputes involving AD investigations in the Philippines, Japan and Australia.
  • Advised Israeli Government on issues arising under U.S.-Israel Textiles Quota Agreement, resulting in U.S. Government agreeing to rescind Agreement and eliminate quotas on U.S. imports of Israeli textiles and apparel.