Trade Litigation

Companies facing trade disputes, tariff exposure and heightened government scrutiny need counsel that understands both the legal and commercial implications of international trade enforcement. Holland & Knight helps clients assess risk, protect market access and align legal strategy with broader business objectives across increasingly complex global supply chains.

Our Trade Litigation Team advises domestic and international manufacturers, importers, trade associations and multinational companies in antidumping, countervailing duty, customs, safeguard (Section 201), trade agreement and other trade remedy matters. We represent clients throughout the full life cycle of trade disputes, including original investigations, administrative reviews, changed circumstances reviews, scope determinations, anti-circumvention inquiries and sunset reviews, as well as proceedings before the U.S. Court of International Trade.

Clients rely on our team not only when disputes arise but also when evaluating business decisions that may create future trade risk. Our attorneys conduct pre-investigation assessments, compliance reviews and strategic analyses that help companies understand potential exposure, strengthen internal processes and make informed decisions before issues escalate into enforcement actions. We also advise foreign manufacturers on pricing and market entry strategies and counsel U.S. importers regarding potential liability under U.S. trade laws.

As trade enforcement continues to expand globally, companies increasingly confront regulatory challenges in multiple jurisdictions at once. Holland & Knight's Trade Litigation Team brings together trade, customs, regulatory and litigation lawyers to help clients address cross-border risks while accounting for operational, commercial and supply chain considerations. Our work has spanned a broad range of industries and jurisdictions, including matters involving trade remedies and customs disputes outside the United States.

In addition to trade remedy proceedings, our attorneys regularly represent clients in customs litigation and challenges involving actions by U.S. Customs and Border Protection (CBP) and other international trade agencies before the Court of International Trade.

Tariff Litigation

Holland & Knight has played a leading role in the unprecedented litigation and refund disputes arising from tariffs imposed under the International Emergency Economic Powers Act (IEEPA) – representing more than 250 companies and filing approximately 150 actions before the Court of International Trade involving billions of dollars in potential tariff refunds.

These matters have required clients to address novel issues involving jurisdiction, liquidation and reliquidation, refund eligibility and evolving procedures governing the recovery of duties from CBP. Our team partners with clients to help them evaluate risks, preserve claims and develop coordinated litigation strategies in a rapidly changing legal environment.

As tariff refund disputes continue to evolve, Holland & Knight's Trade Litigation Team is also advising clients on related commercial litigation, including downstream business disputes and consumer class actions. The scale of these matters, combined with the breadth of industries represented and the emerging legal questions at stake, has positioned our team as a recognized leader in assisting clients at the center of one of the most significant coordinated trade litigation efforts in recent years.

Trade Fraud Enforcement

As customs, tariff and import enforcement become an increasingly significant priority for federal regulators and prosecutors, companies seek guidance that addresses both legal risk and business impact. Holland & Knight advises importers, manufacturers, customs brokers and other participants in global supply chains on civil and criminal matters involving alleged customs fraud, tariff evasion, transshipment schemes, country-of-origin issues and related False Claims Act (FCA) exposure.

The team represents clients in government investigations, enforcement actions and parallel civil and criminal proceedings involving the U.S. Department of Justice (DOJ), CBP, Homeland Security Investigations and other federal agencies. We also advise clients considering affirmative referrals of suspected customs fraud and provide strategic counsel on compliance, risk mitigation and enforcement preparedness.

A distinguishing strength of the practice is its combination of international trade litigation capabilities and firsthand government enforcement experience. The practice is co-led by a former head of the DOJ's Trade Fraud Task Force, bringing deep insight into the government's investigative priorities, enforcement strategies and interagency coordination. This perspective helps clients understand regulatory expectations, respond effectively to government scrutiny and address complex customs enforcement challenges with confidence.

Select Representative Experience

• Represented more than 250 importers, manufacturers and industry participants in litigation and counseling arising from the unprecedented invalidation of tariffs imposed under IEEPA, including litigation before the U.S. Court of International Trade and strategic advice regarding tariff refunds and CBP refund procedures
• Representing companies and executives in high-stakes DOJ investigations involving alleged customs fraud, tariff evasion, transshipment, country-of-origin issues and trade-related FCA matters
• Represented a leading seafood industry trade association in landmark litigation before the U.S. Court of International Trade challenging the National Oceanic and Atmospheric Administration's (NOAA) first implementation of the Marine Mammal Protection Act's seafood import provisions, resulting in a settlement that preserved access to critical seafood imports
• Advising multinational manufacturers and importers on tariff mitigation strategies, including classification, valuation, country-of-origin analysis, supply chain restructuring and other customs planning for import programs involving hundreds of millions of dollars in merchandise
• Conducting internal investigations into suspected customs fraud, developing affirmative referrals to the DOJ, and advising companies on enforcement strategy and engagement with federal authorities
• Representing clients in significant FCA matters involving customs duties, tariff evasion, substantial transformation and country-of-origin determinations
• Representing companies in complex customs disputes involving CBP audits, Requests for Information (CF-28s), Notices of Action (CF-29s), prior disclosures, protests and penalty proceedings
• Advising companies on customs enforcement risks arising from forced labor restrictions, transshipment concerns and evolving U.S. trade enforcement priorities
• Advising companies on the commercial implications of changing U.S. tariff policy, including litigation strategy, supply chain planning, and contractual issues arising from tariff refunds and related disputes
• Participation in more than 235 civil cases before the Court of International Trade
• Counsel in numerous U.S. antidumping duty proceedings involving a wide range of products in the agricultural, industrial and consumer sectors
• Obtained exclusion of an importer's product in an antidumping duty proceeding involving polyvinyl alcohol from Japan
• Obtained partial revocation of an antidumping duty order in a Changed Circumstances Petition for polyvinyl alcohol from Japan
• Counseled foreign companies on the pricing of products sold in the U.S. to minimize potential dumping allegations
• Counseled foreign companies regarding applicability of circumvention provisions for products covered by an antidumping duty order that are assembled in a third country and imported into the United States
• Represented numerous U.S. importers on Scope Rulings