Trade Litigation

  • Holland & Knight’s Trade Litigation Team provides comprehensive global representation to clients that face anti-dumping and counterveiling duty, customs, safeguard (Section 201), trade agreement and other trade remedy litigation issues.
  • Our clients include domestic and foreign manufacturers in a diverse range of industries involved in proceedings regarding a variety of products in the agricultural, industrial and consumer sectors.
  • In addition to defending trade litigation matters, we help clients develop and implement strategies to limit their exposure to trade litigation or minimize liability if such litigation does arise.
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Overview

Holland & Knight has an active international trade litigation practice, including participation in antidumping, countervailing duty, safeguard (Section 201) and other trade remedy litigation, and in proceedings before the Court of International Trade. For more than two decades, Holland & Knight has provided clients with the legal services vital to success in such actions. Members of the International Trade Group have undertaken representations on behalf of domestic and foreign manufacturers, trade associations, and multinational companies. We counsel and represent clients in original investigations, administrative reviews, changed circumstances reviews, scope determinations, anti-circumvention investigations and sunset reviews. Client representations have spanned the globe and include a diverse range of industries.

Our counseling includes assistance not only in active investigations, but also in pre-investigation audits and analysis. Such internal analysis enables companies to adopt strategies designed to limit exposure to trade litigation, and to minimize liability if such litigation does arise.

We have also counseled foreign companies with regard to their pricing decisions to minimize possible exposure to U.S. antidumping duty laws, and counseled U.S. importers with regard to their potential liability.

Clients benefit from Holland & Knight’s ability to offer an integrated, experienced team capable of representing them globally wherever they face antidumping or countervailing duty issues. Since the Uruguay Round Agreements went into effect, the number of countries with active antidumping laws has increased dramatically. As a result, Holland & Knight clients can face antidumping and countervailing duty exposure in many countries with which they trade. We have been involved in a number of cases in foreign jurisdictions, including Jamaica and South Africa.

Our Trade Group also has extensive experience in litigating Customs cases and those of other international trade agencies before the Court of International Trade. We regularly counsel clients with respect to these issues.

Examples of matters handled by members of the Trade Group include:

  • participation in over 135 civil cases before the Court of International Trade
  • counsel in numerous U.S. antidumping duty proceedings involving a wide range of products in the agricultural, industrial, and consumer sectors
  • obtained exclusion of importer's product in antidumping duty proceeding involving polyvinyl alcohol from Japan
  • obtained partial revocation of Antidumping Duty Order in Changed Circumstances Petition for polyvinyl alcohol from Japan 
  • counseled foreign companies on the pricing of products sold in the United States to minimize potential dumping allegations
  • counseled foreign companies regarding applicability of circumvention provisions for products covered by an anti-dumping duty order that are assembled in a third country and imported into the United States
  • represented numerous U.S. importers on Scope Rulings

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