Customs and International Trade Matters

Kostelanetz & Fink, LLP, can handle customs and international trade disputes.  We can advise clients in controversies with the U.S. Customs and Border Protection (CBP) and in litigation before the U.S. Court of International Trade.   

When merchandise is imported into the United States, the nature of the merchandise and its value must be declared to CBP.  CBP may then seek to impose duties on the importer.  Disputes sometimes arise as to how merchandise should be classified under the Harmonized Tariff Schedule of the United States, which impacts the applicable duty rate.  Similarly, because duty rates are often ad valorem (a percentage of the value of the imported merchandise), disputes sometimes arise concerning CBP’s valuation of the imported merchandise.

Kostelanetz & Fink, LLP, can help clients resolve disagreements with CBP concerning the classification and valuation of merchandise.  We can also advise clients regarding other customs issues, such as potential penalty assessments, drawback claims, and exclusions and seizures of imported merchandise.  When matters are not resolved with CBP, we can handle litigation before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. 

Our attorneys can also assist clients with international trade matters involving the determination and imposition of antidumping and countervailing duties.  After investigations by the U.S. Department of Commerce and the U.S. International Trade Commission, the federal government sometimes imposes duties on imported merchandise based, in part, on allegations that the goods are being subsidized or sold below fair market value.  We can represent the targets of antidumping or countervailing duty investigations, and advise domestic firms injured by a foreign country’s subsidization and dumping practices.