Cases
Experience: Representative Matters: Represented one of the world's largest investment banks
importer of commodities in a successful U.S. Customs
Border Protection audit. The audit covered classification, country of origin,
related party valuation of the imported commodities.
Represent a global manufacturer
world leader in the design
production of valves
steam traps
supplier to the U.S. federal government in an investigation by U.S. Customs since April 2018. The investigation covers the past five years
focusses on the verification of the company's NAFTA entries, classification of its merch
ise, including valves
valve parts, whether this is a bona fide sale between the Canadian parent
U.S. subsidiary,
whether the transfer price is acceptable to U.S. Customs. To date we have defended the company against the issuance of any penalty. The investigation is ongoing.
Serves as outside trade counsel to a leading consumer products company in its ongoing audit with U.S. Customs.
Serves as outside trade counsel for the global leader of consumer products. We have reviewed the company's imported merch
ise, including bicycles
accessories, for trade compliance covering classification, valuation,
country of origin. Adding to the complexity of this project, the company imports into a foreign trade zone before shipping out the products to its retailers.
Following a determination of numerous errors from GT's review, we filed several prior disclosures with US Customs
Border Protection ('CBP')
are working with the company on corrective measures. CBP will eventually audit the company, reviewing all issues
samples of entries. The company has already paid $3.5m in back owing duty.
We determined that the country of origin of the pressure washer was Vietnam rather than China
received a ruling from U.S. Customs on this issue. Accordingly, the company is avoiding the Section 301 duties on Chinese products.
Represents multiple global
national apparel
footwear retailers in the set-up of the duty savings strategy 'first sale' for numerous vendors saving the companies many millions per year.
As the company's longtime outside trade counsel
supply chain advisor to a national apparel retailer, we drafted the company's master Purchase Agreement, Supplier Code of Conduct (including supplier's responsibility regarding ESG, forced labor
potential detentions, the environment, worker rights, import regulations, Foreign Corrupt Practices Act, Confidential data, Insurance, arbitration,
termination of the agreement), Restricted Substances Policy (outlining the growing regulations covering restricted chemicals in apparel
accessories), Chargeback Policy (for late or poor quality goods),
edited Intertek's Testing Compliance Manual. We have also been involved in the negotiations with the company's numerous suppliers over the above-named documents.
Represented the leading global luxury conglomerate in importing a food product for the first time from France to the United States
advised the company on regulations surrounding the importation of food including the classification, valuation,
country of origin of the merch
ise. The company has successfully imported the product.
Represents an underwriter of photovoltaic solar electricity generation projects, on trade issues surrounding the importation of solar modules. For each new generation project we counsel the client on supply chain issues
edit its Master Supply Agreement. The issues we advise on are wide-ranging
include force majeure provisions, Section 301 duties, Section 201 duties on imports of solar products,
anti-dumping duties on solar products from China. We also counsel the client on the ongoing Department of Commerce circumvention investigation into solar products being imported from five countries including Vietnam, Thail
Malaysia,
the enforcement of the Uyghur Forced Labor Prevention Act.
Represents numerous companies in the ongoing Section 301 litigation which is currently under appeal at the Court of Appeals for the Federal Circuit. The companies are claiming that the Trump administration exceeded its executive authority in the promulgation of Lists 3
4A covering over $300 billion worth of merch
ise. After a likely appeal to the U.S. Supreme Court,
should plaintiffs prevail, U.S. Customs would be ordered to refund the Section 301 duties.
Represented a U.S. apparel retailer in the detention of several shipments on claims of forced labor. by U.S. Customs. We worked with the Vietnamese manufacturer to collect 'traceability documents' into the shipments supply chain.
Represented a private stainless-steel company with an annual output of approximately 200,000 tons of specialty steels. We have submitted a number of petitions to mitigate liquidated damages/penalties
responses to Notices of Action by U.S. Customs
have been successful in the mitigation of all penalties.
Represented a private equity fund which bought the assets of a well know flooring company. We put in place a drawback program so that the company can recover import duties paid for shipments subsequently exported to Canada.
Serves as outside trade counsel for a leading provider of ergonomic products for corporate
hospitality industries. We routinely advise on navigating the Section 301 duties on products of China
the classification
country of origin determinations of imported merch
ise (including the company's sit-st
workstation). We also advise on supply chain strategies including navigating the US-China relationship, moving some production to Mexico, USMCA compliance,
the use of bonded warehouses, foreign trade zones,
duty drawback.
Advised a globally recognized leading furniture br
in the classification of one of their products
succeeded in saving the company $4.5 million per year.
For a $2.6 billion provider of juvenile, sports,
home products, we advise the company on duty mitigation strategies including the use of 'first sale' to reduce the valuation of its imported products.
Serves as outside trade counsel for a multibillion-dollar food company with over 50 br
s. We advise on the import
export of food products, raw materials,
other ingredients including dealing with CBP
its partner government agencies, FDA, USDA,
APHIS
periodic 'holds' on inbound shipments. As outside trade counsel for a multibillion- dollar food company, we successfully determining that the company was owed a duty refund on the basis that the imported products qualify as either 'U.S. goods returned' or under NAFTA
navigated the duty refund process with U.S. Customs.
Represented a multinational manufacturer of respiratory masks on the setup of its drawback program
continue to counsel on the implementation of the program. In this case, the company imported respiratory masks from China
is exporting a significant portion out of the United States. The Company has received over $200 million in refunds.
Represented one of the largest grocery store retailers, on trade issues involving its importations into the United States. Issues include anti-dumping orders on food
other retail items
the implementation of the Uyghur Forced Labor Prevention Act (UFLPA).
Represented the trade association representing catcher processor vessels in the federally managed fisheries off Alaska before the U.S. Trade Representative
to gain approval on Section 301 exclusion requests.
Represented one of the largest suppliers of pools
pool parts in the United States
after successfully petitioning the U.S. Trade Representative for Section 301 exclusion approvals, we managed the refund process with U.S. Customs.
In light of UFLPA which prevents the importation of solar cells from Xinjiang made with forced labor, we worked with the client to add language to its master service agreement to protect the company financially.
Represented a major importer
exporter of h
sanitizer
masks
set up the company's drawback program so that the company has recovered almost $200 million in paid duties.
Represented a logistics
supply chain company in its audit by the FDA for importations of FDA regulated products.
Advised a major importer of natural gas on the U.S.-Mexico-Canada Agreement.
Advised numerous importers on Uyghur Forced Labor Prevention Act compliance, including mapping supply chains
editing purchase agreements, supplier codes of conduct,
other supplier agreements.
Advised a leading importer on navigating the refund process on products subject to Section 301 exclusions, including counselling the company on the importation of several PPE products as U.S. Customs modified how those products were classified
whether they qualified for exclusions from the Section 301 tariffs.
Represented a public company in several prior disclosures before the U.S. Department of Commerce
U.S. Customs
Border Protection on the parameters of scope rulings.
Represented a major health
beauty company on a detention of its merch
ise in violation of FDA regulations.
Represented a large public company
importer of textbooks
other educational materials in a compliance review
the filing of prior disclosures with the U.S. Customs
Border Protection on the undervaluation of its merch
ise.
The above representations were h
led by Ms. Rabinowitz prior to her joining Greenberg Traurig, LLP.
Government Experience: Attorney, U.S. Customs Service, Assistant Chief Counsel's Office, 1992-1996
