The International Trade Practice at MS&K assists domestic and foreign clients in matters involving customs and international trade, international transportation and maritime law, and food and drug law as it relates to the import/export and interstate distribution of products. The United States’ growing focus on homeland security and anti-terrorist protections has resulted in new and expanded federal powers to control the movement of goods across and within our borders. This has had a dramatic impact on international trade and commerce. As such, we are pleased to offer our clients skilled advice and counsel in this highly regulated arena.

Customs & International Trade

Our Trade specialists regularly advise all manner of companies involved in international commerce, including importers, exporters, customs brokers, sureties, insurance companies, freight forwarders and transportation companies. By working closely with governmental agencies such as the U.S. Customs and Border Protection, Departments of Commerce and State, Food & Drug Administration, International Trade Commission and U.S. Trade Representative, we are able to assist clients develop cost-effective compliance programs, identify and solve problems, and mitigate or avoid duties and taxes. Some of the many issues with which we have particular experience include:

• Antidumping and countervailing duty cases, including representation before the International Trade Administration, U.S. Department of Commerce and the International Trade Commission
• Retaliatory trade actions, such as those taken under Sections 201 and 301
• Representations to the U.S. Trade Representative in WTO and bilateral trade negotiations and special trade programs, such as NAFTA, the Generalized System of Preferences, and the Caribbean Basin Economic Recovery Act Application and Interpretation of Treaties, Statutes, and Executive Orders
• Export and import of commercial and military technology, including serving as advocate for our client’s trade interests before the United States Trade Representative
• Shipper’s Export Declaration and export licensing
• Customs classification, valuation, audits, penalties and liquidated damages
• Quotas and visas
• Copyright and trademark issues
• Manufacturer quantity supply, warranty and epidemic failure agreements
• Uniform Commercial Code and International Convention of the Sale of Goods
• Structure of international sales transactions

International Transportation & Maritime Law

With a focus on domestic and international air, land (rail and truck) and ocean transportation matters, we assist clients resolve disputes, meet state and federal compliance regulations for shippers, forwarders and carriers, and provide representation before the Federal Maritime Commission, the Surface Transportation Board (formerly the Interstate Commerce Commission), the United States Department of Transportation, the United States Federal District Courts and Courts of Appeals, state courts, and other governmental agencies with jurisdiction over international and domestic transportation-related activities. Our attorneys regularly counsel clients regarding the preparation of shipping documentation, the transportation of hazardous materials, the negotiation of transportation service contracts, and the favorable resolution of cargo loss and damage claims, surety bond claims, cargo release and delivery disputes, and governmental investigations. In addition, we have transit liability defense work, having represented surety bond providers, insurance carriers, freight forwarders, ocean carriers and other transportation intermediaries in litigation concerning lost and damaged cargo, improper release, conversion, misdelivery, delay, missing cargo and errors and omissions.

Food & Drug Law

The importation and exportation of products regulated by the Food & Drug Administration (FDA), United States Department of Agriculture (USDA), and U.S. Customs and Border Protection (Customs) requires a nuanced understanding of a multitude of regulations, as well as applicable trade, tax and customs issues. Attorneys specializing in Food & Drug Law regularly develop compliance strategies designed to assist our clients move products efficiently into the U.S. and across state lines. In that regard, we often represent clients before administrative and regulatory agencies, and provide them with proactive counsel concerning new and changing regulatory requirements. Among the numerous matters handled by this practice are:

• Bioterrorism Act compliance
• Defending FDA enforcement actions
• Product labeling and electronic product certification requirements
• Good Manufacturing Practices and Quality System Regulations
• Environmental Protection Agency and FDA tolerances for pesticides in foods
• Products identified by the FDA as Detained Without Physical Examination
• Import delays, detentions and rescissions
• Dietary Supplement Health and Education Act
• Generally Recognized as Safe ingredient assessments
• FDA product recalls