HARVEY B. FOX
Fox at adduci.com
202. 467. 6300
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.
HARVEY B. FOX did his undergraduate work at the University of Baltimore where he also received his J.D. in 1964. He was with the U. S. Customs Service for almost 30 years prior to entering the private practice of law in October 1995. He served as Director, Office of Regulations and Rulings, from 1986 through 1995, where he was responsible for the development, implementation and evaluation of national legal programs and policies and for the issuance of rulings regarding the importation of merchandise into the United States.
From 1980 through 1986, he served as Director, Classification and Value Division, where he was responsible for issuing legal determinations concerning the tariff classification and valuation of merchandise imported into the United States. He also served as the head of the Customs Delegation to the Customs Cooperation Council (CCC) for valuation in Brussels. From 1977 through 1980, as Director of the Entry Procedures and Penalties Division, he issued decisions regarding country of origin, infringements of copyright and trademark registrations, restricted merchandise, penalty matters and entry procedures. From 1973 through 1977, as Director, Regulations and Legal Publications Division, he drafted policy matters and regulations dealing with the importation of merchandise and disseminated legal decisions to the public and Customs field offices.
He was President of the Customs Lawyers Association for seven years and is a member of the District of Columbia and Maryland Bars, the American Bar Association, the Federal Bar Association and the District of Columbia Bar Association. He is admitted to practice before the Supreme Court, Court of International Trade, Court of Appeals for the Federal Circuit and various other courts.
US/EU Environment & Life Sciences
Our lawyers and regulatory specialists in Europe, London and Washington advise clients on the range of environmental and life science regimes applied in the European Union (EU). Our clients are leading multinational and national companies in their respective sectors, European and international industry associations, EU institutions and international organisations. Clients consult us in four principal areas:
regulatory monitoring and advice to help keep clients abreast of the latest legal developments
legal lobbying on legislative and policy proposals in order to assess potential impacts and support initiatives to shape decision-making processes
advice on the application of, and compliance with, legislation and standards
litigation before the European Courts
We have a well-established network with other experienced lawyers and technical consultants to provide clients with the local knowledge and experience needed for a complete service in the EU and other European jurisdictions. Our capability extends therefore beyond “EU-level” law to encompass the national laws that implement (or sometimes conflict with) EU legislation.
Regulated Products
We work closely with clients to help them effectively manage the range of regulations applying to their products sold to consumers and to industrial purchasers or users. We address all stages of regulation throughout a product’s life cycle, including composition (banned and restricted substances or ingredients), authorisation procedures and the preparation of regulatory dossiers, packaging, labelling, marketing, waste, recovery and recycling. Our commercial and competition lawyers advise clients on related distribution and sales strategies associated with placing products on the EU market. Recent projects concerned:
compliance with the Directives on “WEEE” (waste electrical and electronic equipment) and “RoHS” (restriction of the use of certain hazardous substances in electrical and electronic equipment)
the definition of “waste” under the Framework Directive on waste
authorisation of active ingredients in plant protection products and biocides
authorisation of "GM" (genetically modified) organisms, GM food and feed and non-GM food
litigation, defending the authorisation of active ingredients in plant protection products
data protection and confidentiality requirements for genetically modified organisms
potential civil and criminal liability of directors and officers in major European markets for breaches of environmental law
marketing, labelling and stewardship obligations relating to dangerous substances and preparations
organic food and production processes
risks and opportunities presented by the Commission’s “REACH” proposal (concerning registration, evaluation and authorisation of chemicals)
Our environmental and life sciences practice also assists clients in understanding and taking advantage of related market opportunities created by EU legislation - for example, in environmental technologies and in “green” (environmentally-friendly) marketing. Recent projects include advice on:
"EMAS" (the European eco-management and audit scheme)
EU eco-labels
"green" public procurement
corporate social responsibility
Regulated Processes
Major industrial operations are regulated by EU environmental law. We assist clients in complying with these and in keeping up to date as standards change. For example, many installations are required to have an “IPPC” permit (integrated pollution prevention and control) which provides that “BAT” (best available techniques) must be applied, comprising both technology and management practices, to control and reduce emissions into the environment.
Market Access and Trade Barriers
The EC Treaty enables EU Member States to enact environmental standards which are stricter than those provided for in EU Directives and Regulations. However, the Treaty prohibits such laws from going so far as to discriminate on grounds of nationality or to create disproportionate intra-EU trade barriers. In the environmental and food spheres, we assess national laws that apply to clients’ operations for their compatibility with, and validity under, EU law. We represent clients before relevant EU institutions and/or national authorities when intra-EU trade barriers are identified. Recent projects include advice on various “coexistence” laws concerning the cultivation of GM, organic and conventional crops and on national initiatives to ban use of certain substances. In conjunction with our trade practice, we also advise on the WTO-compatibility of national and EU environmental measures.
Horizontal Issues
As part of our broader legal and due diligence assistance on corporate transactions, we advise clients on the environmental risks accompanying acquisitions and disposals in Europe. We also have particular experience in the area of environmental liability, product liability and product safety (including product recalls). As in all of our practice areas, we represent clients before the European Courts and have a number of ongoing cases in the environmental and life sciences area.
International Trade
Hi-Tech's New Best Friend
Navigating the Sea of E-Business Regulation
Curbing Counterfeit Goods
No Safety for Infringers
The ABC's of Doing Business In The Caribbean
New U.S. Trade Act
Section 337 Offers Significant Advantages
Green Light Subsidies
Revitalized Section 337
Antidumping Law and Practice
Procedures For Protection From Unfair Import Competition
Antidumping Law: Issues and Applications (I)
How Japanese Companies Are Using The U.S. Legal System
TRIPS and International Intellectual Property Protection
California Bar Convention Speech
More Patent Cases Take ITC Route
Brief Overview
Forbes Radio Interview
An Overview of Practice Under Section 337
An Overview of Antidumping Investigations
So You’ve Been Accused of Patent Infringement…
China Textile Safeguard: Process Effect
Sky Radio Interview
Antidumping Law: Issues and Applications (II)
America's Best Lawyers
Everybody Comes To The ITC
Case For The Defense
Building Products Digest Interview
Advantages of a Section 337 Investigation at the USITC
Country of Origin Determination
ITC Section 337 Experts
Border Enforcement Systems
International Savior Faire
Customs
The ABC's of Doing Business In The Caribbean
Section 337 Offers Significant Advantages
Green Light Subsidies
Revitalized Section 337
California Bar Convention Speech
Forbes Radio Interview
An Overview of Practice Under Section 337
An Overview of Antidumping Investigations
China Textile Safeguard: Process Effect
Sky Radio Interview
America's Best Lawyers
Everybody Comes To The ITC
Country of Origin Determination
Border Enforcement Systems
Intellectual Property
Hi-Tech's New Best Friend
Curbing Counterfeit Goods
Section 337 Offers Significant Advantages
Revitalized Section 337
Procedures For Protection From Unfair Import Competition
How Japanese Companies Are Using The U.S. Legal System
TRIPS and International Intellectual Property Protection
California Bar Convention Speech
More Patent Cases Take ITC Route
Brief Overview
Forbes Radio Interview
An Overview of Practice Under Section 337
So You’ve Been Accused of Patent Infringement…
Sky Radio Interview
America's Best Lawyers
Everybody Comes To The ITC
Patently Better Odds
Advantages of a Section 337 Investigation at the USITC
ITC Section 337 Experts
Border Enforcement Systems
Obtaining Evidence in Germany
International Savior Faire
Miscellaneous
California Bar Convention Speech
Brief Overview
China Textile Safeguard: Process Effect
Alex Lech Bajan
Polish American
CEO
RAQport Inc.
2004 North Monroe Street
Arlington Virginia 22207
Washington DC Area
USA
TEL: 703-528-0114
TEL2: 703-652-0993
FAX: 703-940-8300
EMAIL: alex@raqport.com
WEB SITE: http://raqport.com
