Customs Litigation
ArentFox Schiff stands at the forefront of customs litigation, offering unparalleled advice to businesses facing the intricate landscape of international trade. Our team, comprising former US government officials, former attorneys from the CBP Chief Counsel’s Office, licensed customs brokers, and trial attorneys, is uniquely equipped to guide you through every aspect of customs litigation.
In today’s complex international trade environment, the stakes for importers have never been higher. Historically, pursuing litigation was often deemed unnecessary due to the significant decline in duty rates across various products. However, we have seen a dramatic shift in recent years, with increased duties on all imports—particularly those from China and goods related to steel and aluminum—under measures such as Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act, respectively. This has been coupled with aggressive administrative enforcement actions by US Customs and Border Protection (CBP), resulting in penalties amounting to millions for many companies.
Given this challenging landscape, litigation has emerged as a viable option for importers seeking remedies from adverse CBP determinations. The notable rise in customs-related cases before the Court of International Trade and the Court of Appeals underscores the growing importance of legal recourse in areas such as tariff classification under the Harmonized Tariff Schedule of the United States (HTS), country of origin, forced labor, and valuation. The Trump tariffs have added complexity and raised the stakes.
At ArentFox Schiff, our customs litigation team is uniquely equipped to guide clients through these complexities. With vast and in-depth experience, we offer strategic counsel and robust representation, ensuring our clients’ interests are well-protected in this evolving trade climate.
Why ArentFox Schiff?
Experience: At ArentFox Schiff, our attorneys bring a wealth of experience in customs law, having successfully represented clients in high-stakes and complex litigation matters. Our team’s deep understanding of the intricacies of customs regulations and international trade law allows us to handle the most challenging legal cases with confidence and precision. We have a proven track record of achieving favorable outcomes for our clients, whether in court or through strategic negotiations.
Tailored Solutions: We recognize that each client’s situation is unique, requiring a personalized approach to address specific challenges and capitalize on opportunities. Our team is committed to developing customized strategies that align with your business objectives and risk profile. By thoroughly understanding your operations and goals, we craft solutions that not only resolve immediate issues but also support long-term success in the ever-evolving trade environment.
Global Reach: ArentFox Schiff’s International Trade & Investment Group offers unparalleled global reach, providing seamless support for international trade and customs issues. With a strong presence in key US cities, including Boston, Chicago, Los Angeles, New York, San Francisco, and Washington, our attorneys collaborate across offices to deliver comprehensive legal services. Additionally, we maintain a robust network of foreign correspondent counsel worldwide, ensuring that our clients receive experienced guidance and representation wherever their business takes them. This global perspective enables us to address cross-border challenges effectively and leverage international opportunities for our clients.
Our Work
At ArentFox Schiff, our customs litigation services are tailored to address a broad spectrum of customs and import disputes, including issues related to tariff classification, forced labor, customs valuation, country of origin, and more. With a proven track record in the US Court of International Trade, we offer comprehensive representation to navigate the complexities of international trade and customs law effectively. These cases are in addition to the numerous AD/CVD cases handled by our trade remedies team.
Key Representative Matters
- Representing a US importer of steel pipe and tube on a HTS tariff classification dispute before the Court of International Trade.
- Representing a leading supplier of beverage packaging in a customs fraud and gross negligence penalty case involving potential exposure of $20 millions of dollars.
- Representing a Tier 1 automotive supplier on a HTS tariff classification dispute before the Court of International Trade regarding motor control centers, settled in favor of our client’s position.
- Representing over 50 plaintiffs in the Section 301 China tariffs litigation test case now pending in the U.S. Court of Appeal for the Federal Circuit.
