Emily Lawson

Practice Experience

Emily Lawson has 20 years of experience working in international trade. Emily started her legal practice in public service as an attorney with the Office of General Counsel at the U.S. Department of Commerce in Washington D.C. She served as an international attorney with the Office of the Chief Counsel for Import Administration (now the Office of Enforcement & Compliance) and advised U.S. government officials on compliance with U.S. trade remedy laws and represented the U.S. in judicial appeals domestically before courts and internationally before the World Trade Organization (WTO).

Emily has been involved in litigating key antidumping and countervailing duty (AD/CVD) legal provisions in market and non-market economy proceedings, which include the scope of Commerce AD/CVD orders, Commerce date of sale practice, the “gap period” when AD/CVD is terminated pending a final determination in investigations, preliminary injunctions in appeals of investigations, market economy purchases for non-market factor of production valuations, affiliated party transactions and others.

As a U.S. Customs law attorney, Emily advises companies on customs compliance for U.S. imports. She helps clients successfully navigate the complex rules of international trade agreements, trade legislation and regulations before U.S. Customs and Border Protection. Emily has helped companies develop import compliance programs and safeguard supplier relationships to mitigate risks. She advises importers in all major areas of Customs law, including HTSUS tariff classifications, valuation, marking, country of origin, ruling and internal advice requests, responses to information requests, and protests.

Emily’s prior experience includes associate and senior attorney positions with the global law firms White & Case LLP in Washington D.C. and Dorsey & Whitney LLP in Seattle, Washington. Prior to law school, Emily worked in the marketing of environmental consulting services to global corporations in Prague, Czech Republic.

Education

• J.D., University of Oregon School of Law, 2000
• B.A., University of Oregon, 1993
• Journalism Semester Program, American University, 1991

Bars and Courts

• Washington, admitted 2001
• District of Columbia, admitted 2005
• U.S. Court of International Trade, admitted 2005
• U.S. Court of Appeals Federal Circuit Court of Appeals, admitted 2006
• U.S. District Court, Western District of Washington, admitted 2011

• Obtained product-specific exclusions from Section 301 additional tariffs on Chinese-origin goods for amateur radios and citizen band radios importer and obtained retroactive refunds.
• Assisted leading North American manufacturer of solar and AC-powered traffic beacons and signs to obtain product-specific exclusions of off-grid low wattage solar panel imports from the U.S. solar products safeguard measure (Section 201 additional tariffs).
• Advised wireless accessories design manufacturer on country of origin for Section 301 purposes to mitigate the impact of the Section 301 additional tariffs applied on Chinese-origin goods.
• Assisted electrical components for specialty manufacturing importer in protest of assessment of Section 301 additional tariffs on Chinese-origin goods based on import date and obtained refund.
• Assisted secure roller shutter exporter in aluminum extrusions from China antidumping and countervailing duty proceeding before the U.S. Department of Commerce to obtain a scope ruling that the articles qualified as a “finished goods kit”, not subject to antidumping or countervailing duties.
• Assisted potted plant moving device importer to respond to U.S. Customs and Border Protection inquiries concerning antidumping scope status of its product line and obtained a favorable U.S. Department of Commerce scope ruling in hand trucks from China eliminating antidumping duty exposure.
• Assisted Chinese automotive part manufacturer and importer to respond to U.S. Customs and Border Protection inquiry concerning the proper tariff classification and antidumping and countervailing duty scope status of its products, and advised on, and represented the importer in a U.S. Department of Commerce scope ruling of the aluminum extrusions antidumping/countervailing duty orders and submission of a prior disclosure to minimize U.S. Customs and Border Protection penalty exposure.
• Obtained U.S. Customs and Border Protection rulings for water flosser with electric toothbrush retail set for importer in the oral health industry enabling U.S. tariff classification at lower duty rates.
• Advised on and represented oil and gas industry importer in U.S. Customs and Border Protection prior disclosure regarding misclassification and undervaluation of imported components and obtained post-importation NAFTA preferential duty treatment to minimize duties.
• Assisted U.S. customs broker in advising importers on the separate identification of antidumping and countervailing duties on import documentation in DDP transactions for the legal deduction from dutiable value of imported goods and in obtaining U.S. Customs and Border Protection ruling enabling deduction.
• Defended leading promotional merchandise importer against more than a $1 million additional duty and penalty claim by U.S. Customs and Border Protection alleging antidumping duty requirement errors and the misclassification of articles. Obtained a penalty reduction of nearly $900,000.
• Represented Thai citric acid producers/exporters in a U.S. Department of Commerce countervailing duty investigation resulting in a negative determination and termination of the proceeding.
• Represented Thai rubber band producer/exporter in a U.S. Department of Commerce countervailing duty investigation resulting in a negative determination and termination of the proceeding.
• Represented Chinese ironing table manufacturer/exporter in federal court litigation before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit concerning the U.S. Department of Commerce antidumping rate leading to a separate and reduced rate.
• Assisted solar cells from China importer to respond to U.S. Customs and Border Protection inquiries concerning the solar cells antidumping scope and request administrative review from the U.S. Department of Commerce of the U.S. importer’s Chinese suppliers, leading to an antidumping rate reduction and duty savings.
• Advised importer of steel nails from China regarding U.S. Customs and Border Protection liquidation of goods subject to antidumping duties, including protests of the misapplication of the antidumping duty order and erroneous imposition of antidumping duties, obtaining favorable rulings and duty refunds on protests.
• Advised leader in portable shelter product industry on legal and optimal product U.S. tariff classification.
• Assisted major power tool manufacturer to analyze impact of potential penalties and additional duty liability arising from tariff classification errors on imports of a measuring tool product line and submission of a prior disclosure to minimize U.S. Customs and Border Protection penalty exposure.
• Advised leading global developer and manufacturer of sensing inspection machinery concerning the eligibility of imports for preferential duty treatment under the US-Singapore Free Trade Agreement and establish eligibility in response to U.S. Customs and Border Protection inquiry.
• Assisted saccharin importer in bringing customs fraud False Claims Act claim for failure of other importers to pay antidumping duties resulting from transshipment of Chinese saccharin through Taiwan to evade antidumping duties. As a result, U.S. Customs and Border Protection initiated a civil penalty investigation against an importer and settled the civil penalty enforcement action before the U.S. Court of International for $62.5 million.
• Advised trademark holders on the recordation of trademarks with U.S. Customs and Border Protection and trademark protection enforcement.

Speaking Engagements

• Implications of Tariffs on the Seafood Industry, Northwest Fisheries Association.
• International Trade Compliance Issues in M&A Deals, Dorsey & Whitney conference.
• Avoiding the Inferno: Making Import and Export Issues Predictable in the Year of the Dragon, Dorsey & Whitney conference.
• Foreign Trade Zone: Requirements and Compliance Consideration, Port of Seattle’s Foreign Trade Zone #5, of the enterprise Seattle NAIOP Washington Chapter-Commercial Real Estate Development, the Port of Seattle, and the City of Kent.
• Case Developments and Policy Issues Affecting Customs Brokers’ Responsibilities, Customs Broker Liability Issues, Customs Brokers and International Freight Forwarders Association of Washington State.
• Antidumping and Countervailing Duties, an Overview for Customs Brokers and Importers, Columbia River Customs Brokers and Forwarders Association of Oregon and Southwest Washington