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International trade law is one of the core areas of our practice and one for which we have become best known. Particularly important is our expertise in handling Section 337 and antidumping and countervailing duty investigations.
Unfair Methods of Competition and Unfair Acts: Section 337
Section 337 of the Tariff Act of 1930 provides one of the most effective ways for U.S. companies or U.S. subsidiaries of foreign companies to protect their intellectual property rights against unlawful infringement by imported products. The law authorizes the U.S. International Trade Commission (USITC) to exclude all infringing products from entry into the United States and to prohibit the sale of those that have already entered. Section 337 proceedings are completed expeditiously, usually in one year.
Having been involved in a significant percentage of all Section 337 cases litigated before the USITC, Adduci, Mastriani & Schaumberg has successfully represented parties who have initiated investigations as well as those against whom cases have been filed.
Specific Benefits to Clients:
As a quasi-judicial federal agency, the USITC has its own, special complex rules and procedures. Firms less experienced in handling cases before the USITC or lacking the specialized expertise that our attorneys have acquired since the 1970's may have inadequate time to learn the rules during the accelerated investigation schedule. Understanding the agency's practices and interpretations of its rules is fundamental to success in cases brought to the USITC. Because Section 337 cases are usually completed within one year compared to the two to three years often required to pursue a similar case in federal district court, clients benefit from working with a firm that truly understands how the USITC operates and how to maintain the initiative in cases.
Our attorneys not only have served as legal counsel to the USITC, but have also helped revise the USITC's statutes, rules and procedures. Consequently, we easily keep up with the rapid pace and demands of Section 337 investigations. Furthermore, since we have represented both complainants and respondents in these cases, we are familiar with the inherent strengths and weaknesses of both positions. Clients therefore receive the benefit of highly effective legal strategies and guidance regardless of their role in a case.
We are especially well qualified to work with clients in high technology industries. Moreover, our cases have involved a wide range of products, including: semiconductor memory modules and connectors, automobile condensers and back supports, biotechnology products, global positioning receivers, fiber optic modems, automobile alarm systems, rotary printers, air impact wrenches, flow measurement devices, exercise machines, vertical milling machines, bearings, tonometers, electric power tools and textile machinery components.
Antidumping and Countervailing Duty Investigations
The antidumping laws impose duties on imports into the United States of products that are priced below fair value and materially injure the domestic industry producing the same or similar products. The countervailing duty laws are designed to offset foreign government subsidies which similarly cause material injury. We represent domestic and foreign clients in antidumping and countervailing duty investigations before the U.S. Department of Commerce (USDOC), the USITC and in appeals before the Court of International Trade.
We have represented clients in antidumping cases involving cold rolled steel, steel plate, flat panel displays, aramid fiber, industrial rayon yarn, antifriction bearings, chemicals, television receivers, wax candles and cookware. In countervailing duty investigations, we have represented clients in cases concerning pharmaceuticals, polypropylene fibers, bricks, ceramic tiles, textile products and fresh cut flowers.
Specific Benefits to Clients:
Antidumping and countervailing duty investigations and reviews present significant challenges. The USDOC has sought to simplify the complex rules applicable to and information required in these investigations. Nonetheless, the short response time (45-60 days), exhaustive sales and cost accounting information (shipment and expense data and production costs) and economic analysis required can overwhelm even sophisticated clients.
We provide substantial hands-on support to our clients in these investigations having been active in antidumping cases since the early 1980s while presenting both petitioners and respondents. Clients benefit from our experience with the myriad nuances of the information and economic analysis required. This often means rapidly mobilizing all available resources and working with personnel at clients' offices and production facilities. Such close cooperation is needed to provide the information which the USITC and USDOC require within the short time stipulated.
Attorneys to contact for more information:
V. James Adduci II
Louis S. Mastriani
Tom M. Schaumberg
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