International Trade

Overview

Blank Rome’s International Trade team provides practical and innovative solutions to a wide variety of issues arising in the cross-border context.

With extensive experience in trade remedies, trade negotiations, economic sanctions, export controls, foreign investment review, and related areas, our experienced team is well-positioned to assist domestic and overseas clients with all their global trade needs.

Trade Remedies, Trade Litigation & Trade Negotiations

Blank Rome’s International Trade group advises governments, corporations, industry associations, and export banks in a wide range of trade and investment issues. Our Trade Remedies, Trade Litigation & Trade Negotiations team is known for its robust track record not only in trade remedy proceedings but also in appeals of trade remedy measures before U.S. courts, litigation before the World Trade Organization, litigation under the United States-Mexico-Canada Agreement (and previously, the North America Free Trade Agreement), and trade policy and negotiations.

We have deep experience across key geopolitical risk and national security disciplines, including economic sanctions, export controls, foreign investment review by the Committee on Foreign Investment in the United States (“CFIUS”), and supply chain security.

Our team is uniquely positioned to assist with the emerging international risk issues of the 2020s. We advise a global client base on cutting-edge issues of the day, including complex and fast-moving sanctions regulations, export controls on advanced and emerging technologies, CFIUS review of inbound foreign investment, and supply chain security requirements.

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Key Contacts

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Experience

Trade Remedies

We are especially proud of our successful efforts in opposing U.S. antidumping and countervailing duties on: Sugar from Mexico; Fabricated Structural Steel from Canada, China, and Mexico; Softwood Lumber from Canada; Uncoated Groundwood Paper from Canada; Supercalendered Paper from Canada; Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam; Lightweight Thermal Paper from China, Germany, and Korea; Live Swine from Canada; Live Cattle from Canada; and Durum and Hard Red Spring Wheat from Canada.

Abroad, we have:

Obtained a finding of absence of causation in a Mexican antidumping investigation against imports of apples from the United States.
Played a key role in obtaining a finding of absence of causation in a Brazilian antidumping investigation against imports of caustic soda from the United States.
Assisted Colombian producers in obtaining a countervailing duty on imports of ethanol from the United States.
Assisted a multiplicity of Mexican producers in obtaining antidumping duties on imports of products from China, including seamless steel pipe.

Trade Litigation

The team currently assists Canada in the Lumber V dispute, including appeals to WTO, NAFTA, and USMCA panels of the Department of Commerce’s finding of subsidization and dumping regarding Canadian softwood lumber.
Assisted in the representation of Canada in multiple successful challenges to U.S. findings of subsidies, dumping, and injury regarding Canadian softwood lumber in Lumber IV.
Assisted in the representation of Canada in multiple compliance proceedings under Article 21.5 of the DSU, challenging the non-compliance by the United States of the WTO Panel and Appellate Body decisions on subsidies, dumping, and injury in respect of Canadian softwood lumber.
Assisted in the representation of Canada regarding the U.S. complaint against Canadian dairy export practices.
Assisted in the representation of Canada in a series of disputes that spanned close to five years concerning whether Canada and Brazil were providing subsidies to their regional aircraft industries.
Provided advice regarding a potential WTO case involving biodiesel.
Advised a major U.S. agricultural association on potential violations of the WTO Agriculture Agreement by another WTO Member.
Represented a litigant in Thailand-H Beams.
Advised a litigant in a WTO panel challenging to the subsidization competing aircraft from another WTO member.
Advised a litigant in the WTO panel on Thailand-Sugar Subsidies.
Provided advice in the context of the WTO dispute on EU-Price Comparison Methodologies.
Advised a litigant in WTO consultations challenging China’s subsidies to its apparel and textile industry.
Provided advice in the context of the WTO dispute on China-GOES.
Provided advice in the context of the WTO dispute on United States-Antidumping and Countervailing Duties (China).
Represented a third party in US-Large Civil Aircraft.
Represented a third party in EC-Large Civil Aircraft.
Represented a litigant in the appeal of the 21.5 panel report in Chile-Price Bands.
Provided advice in the context of the WTO dispute on US-DRAMS.
Provided advice in the context of the WTO dispute on EC-DRAMS.
Provided advice in the context of the WTO dispute on US-Cement.
Provided advice in the context of the WTO dispute on Mexico-Rice.
Advised litigants in the NAFTA panels challenging Mexican antidumping duties on imports of Ethylene Gylcol Monobutyl Ether (“EBMEG”) from the United States and Ammonium Sulfate from the United States.

Economic Sanctions, Export Controls, CFIUS & Geopolitical Risk

Advise large auto manufacturer regarding geopolitical risk issues, export control classification of its technology, implementation of its compliance program, and day-to-day counseling matters.
Conducted a cross-border sanctions internal investigation for a global logistics provider.
Advised a semiconductor developer / government contractor with respect to export control and CFIUS issues identified in the course of its sale to a European investor, including an internal investigation of compliance issues, preparation and submission to DDTC of a voluntary disclosure, and review of a CFIUS mitigation agreement, resulting in closeout of DDTC matter without penalty and clearance of transaction by CFIUS.
Represented a German multinational company in its acquisition of a U.S. company that developed and manufactured commercial and ITAR-controlled items and technology, including preparation and submission of a CFIUS filing, responding to questions from CFIUS, and export control-related due diligence.
Advise a large U.S. software company regarding its cross-border sales and operations, including with respect to its exit from Russia and management of Russia-related risk, and its exposure to geopolitical risk issues arising from the U.S.-China strategic competition, including the designation of certain of its customers on the Entity List.
Advised several global accounting firms in exiting Russia following imposition of OFAC sanctions.
Conducted a cross-border sanctions internal investigation for a large French company.
Conducted a comprehensive export controls compliance audit across the three subsidiaries of a U.S. defense contractor mainly focused on the aerospace and space industries, including site visits throughout the United States and 30+ interviews.
Assisted a company in responding to a subpoena and submitting voluntary disclosures to regulators regarding its exports of defense articles to Ukraine in support of Ukraine.
Advise a UK software company serving the airline industry with regard to its compliance with sanctions laws.
Advise a U.S. helicopter transportation company regarding export control issues related to its provision of search and rescue services to foreign governments and other parties outside the U.S.
Advised a Latin American steel producer regarding sanctions matters.
Advised a European multinational company in its acquisition of a medical device company, including diligence of the target company’s exposure to certain export controls and economic sanctions risks.
Conducted internal investigations for the UK and Italian subsidiaries of a large aerospace and defense company.
Conducted an export controls internal investigation for a U.S. cybersecurity company.
Conducted a sanctions risk assessment for an Australian mining company.
Conducted a sanctions risk assessment for a Norwegian energy company.
Advised semiconductor foundry / government contractor in acquisition by an investor, conducting comprehensive export control classification assessment of the company’s products and liaising with buyer’s counsel.
Advised private equity sponsor on ten-figure acquisition of large cybersecurity company / government contractor, leading international trade due diligence, identifying material compliance issues, negotiating a special indemnity in the purchase agreement, driving remediation of the compliance issues, and taking the transaction through closing and successful closeout of enforcement matter by authorities.
Advised Japanese electronics company on its entry into U.S. defense business, including with regard to strategic planning, obtaining an ITAR registration, and implementing compliance policies and procedures.
Represented a Chinese shipping line regarding sanctions impose on the company’s tanker fleet.
Represented one of the world’s leading technical advisory and classification firms, on international sanctions, in light of its previous role providing safety certification, verification, and technical expert services on the Nord Stream 2 pipeline.
Advised shipping and energy clients on compliance with U.S./EU/G7 countries’ restrictions and “price cap” on trade in Russian oil and energy products and conferring with Biden Administration officials on how to implement at an industry level.
Represented a major global petrochemical transportation and logistics company before the U.S. Department of State in connection with the shipment of Kurdish petroleum products across Iran for export.
Represented a major maritime flag state and vessel mortgage holder in connection with an OFAC actions against ship-owners smuggling petroleum in violation of Iran sanctions.
Conducted an internal investigation on and prepared a voluntary disclosure to the U.S. Department of State regarding possible violation of the brokering rules of ITAR in connection with sales of defense articles by a foreign subsidiary of a U.S. company.
Provided ongoing export control advice to a Fortune 500 company manufacturing military vehicles regarding the application of U.S. export control laws to numerous different transactions.
Advised a satellite software company on the application of U.S. export control laws to the sale of satellite software to satellite operators in numerous countries.
Advised a U.S. company engaged in research and development of alternative energy sources regarding the application of export control laws on the military application of their products, including joint ventures with foreign manufacturers.
Advised a U.S. company with a foreign subsidiary that manufactures defense articles on the structuring of company operations to comply with U.S. export control laws.
Advised a U.S. subsidiary of an Italian defense industry company regarding the application of U.S. export control laws related to the import and export of defense articles.
Advised a Canadian software company regarding application of U.S. re-export control laws on software with U.S.-controlled content.
Represented U.S. firm in disclosure to OFAC of possible violations of Russian sanctions program.
Represented U.S. electronic supply company in a U.S. Department of Commerce investigation related to unauthorized exports of controlled raw material to manufacturing subsidiaries in China and the Philippines.
Assisted a Fortune 500 manufacturing company in connection with due diligence and internal investigations, as well as the preparation of voluntary disclosures to the U.S. Department of Commerce and the U.S. Department of State related to unauthorized exports of technical data and controlled items.
Prepared technical assistance agreements for a U.S. subsidiary of an Italian weapons manufacturer for U.S. Department of State authorization to export technical data and defense services in connection with establishing a U.S. manufacturing facility and in participating in various foreign military sales programs, including obtaining various licenses from the ATF.
Prepared guidelines for U.S. and foreign affiliates of a Fortune 500 healthcare company on compliance with U.S. sanctions laws.
Assisted a Fortune 500 company in the preparation and filing of licenses and technical assistance agreements with the U.S. Department of State and the U.S. Department of Commerce to authorize the export of manufactured products and technical data to numerous foreign countries.
Represented large German company (with a large Chinese shareholder) in the transport sector in CFIUS review of its acquisition of a U.S. company with advance driving technology.
Represented U.S. manufacturer in disclosure to U.S. Customs and Border Protection of possible violations of import requirements.
Advised U.S. firm on country of origin marking requirements and Buy American rules for items imported from China.
Represented multinational telecom company in voluntary disclosure to and resulting audit by Customs.
Represented textile product manufacture in seeking customs rulings on classification and country of origin for imported products.
Advised Chinese firm in the services sector on potential U.S. secondary sanctions implications from its work for Russia companies.
Advise U.S.-based multinational company in the petrochemical and engineering sector on sanctions, export control, and antiboycott compliance.
Represented U.S.-based multinational refining company in voluntary disclosure of anti-boycott violation.