Yohai Baisburd counsels companies, trade associations and governments in a variety of international trade matters in the United States and globally. Mr. Baisburd’s practice focuses on trade remedy (antidumping, subsidies, safeguards) litigation and import/export compliance and enforcement proceedings. He is recognized by Chambers and Partners for his Customs Law expertise and in The Best Lawyers in America for International Trade and Finance Law. Mr. Baisburd is on the roster of potential US panelists for NAFTA Chapter 19 panels.
Mr. Baisburd has significant experience in trade litigation before the U.S. International Trade Commission (ITC), the U.S. Department of Commerce (DOC), Mexico’s Secretaría de Economía, China’s Ministry of Commerce, Australia’s Productivity Commission, South Africa’s International Trade Administration Commission, the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, North American Free Trade Agreement (NAFTA) binational panels, Mexican courts and the World Trade Organization (WTO).
Mr. Baisburd also counsels clients in customs matters (internal compliance programs, fraud investigations, C-TPAT compliance, classification, valuation, country of origin marking and Free Trade Agreement and duty preference program compliance) in the United States, Latin America and Europe; export controls, sanctions and anti-boycott matters; national security controls on investment in U.S. entities, including CFIUS; and trade policy issues such as free trade agreement negotiations.
Representative Trade Remedies Experience
- Representation of U.S. mattress innerspring producer in successful antidumping duty investigation on uncovered innersprings from China, South Africa, and Vietnam and subsequent administrative reviews, sunset review, new shipper review and circumvention proceeding.
- Defense of U.S. airline in first antidumping and countervailing duty investigation on Large Civil Aircraft. The investigation was terminated based on a negative ITC injury determination.
- Defense of Canadian softwood lumber producers in the antidumping and countervailing duty investigations and administrative reviews and subsequent NAFTA Chapter 19 binational panel appeals and WTO litigation.
- Represented a U.S. exporter in an anti-circumvention investigation by Mexico’s Secretaría de Economía.
- Represented Fortune 100 U.S. agricultural producer/exporter in antidumping and countervailing duty investigations in China.
- Represented U.S. carbonless paper producer in an antidumping proceeding in South Africa. Developed strategy to reduce potential antidumping liability. Investigation was terminated without imposition of duties.
- Defended German medical equipment producer in Brazilian antidumping investigation. Investigation was terminated based on a no injury finding.
- Represented a U.S. producer/exporter in antidumping investigations in China regarding photo paper.
- Represented steel producers before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. courts and WTO proceedings, covering products including light-walled rectangular pipe and tube, welded circular standard pipe, oil country tubular goods, and reinforcing bar.
- Defended foreign exporters in U.S. antidumping proceedings involving numerous products including softwood lumber, steel pipe and tube, aluminum plate, salmon, preserved mushrooms, lemon juice, bearings and rebar.
- Advise Europe-based multinational on antidumping investigations in Brazil and India.
- Represented U.S. industry associations and individual producers/exporters in antidumping investigations by Mexico’s Secretaría de Economía. Drafted briefs and participated in hearing in Spanish.
Representative Customs and Export Controls Experience
- Advise a U.S.-based Fortune 500 exporter on global customs valuation issues and audits by customs authorities in more than 10 countries in Europe and Latin America.
- Advise a U.S.-based Fortune 500 company on customs valuation issues in Europe related to design and development expenses and inter-company royalty payments.
- Lead attorney in Customs “Section 592” fraud investigation involving customs valuation issues for forest products imports in excess of $100 million. Developed and implemented strategy to limit the scope of Customs’ audit and prepared substantive responses to Customs’ request for information. Investigation was closed without payment of any penalties.
- Represented several Canadian softwood lumber producers, exporters and importers in U.S. Customs and Border Protection (CBP) related proceedings regarding administration of the 1996-2001 Softwood Lumber Agreement, tariff classification, customs valuation, NAFTA preferences and country of origin markings. Representations included CBP penalty proceedings, binding ruling requests, responses to CBP requests for information and protests.
- Represented Canadian coated paper and packaging exporter in CBP focused assessment (audit) and implementation of internal customs compliance program.
- Advise a Japanese electronic components manufacturer on customs valuation issues related to inter-company royalty payments.
- Advise a U.S.-based Fortune 500 exporter on the WTO-consistency of an audit by Korean Customs.
- Drafted classification ruling requests submitted to customs authorities in the United States, Mexico, Canada and United Kingdom with respect to various products.
- Lead attorney on numerous internal customs audits. Developed customs compliance programs, including written internal controls and training.
- Counsel various importers on the Customs-Trade Partnership Against Terrorism (C-TPAT) application process and benefits of participation in the program.
- Counsel clients on a variety of export-related matters, including compliance with regulations administered by the Commerce Department (Export Administration Regulations), the Treasury Department’s Office of Foreign Assets Control, and the Directorate of Defense Trade Controls (International Traffic in Arms Regulations).
Representative Trade Policy Experience
- Advise U.S. manufacturers on GSP eligibility proceedings.
- Advise U.S. manufacturers on Miscellaneous Tariff Bill process.
- Obtained new tariff classifications for U.S. industries under the ITC 484(f) process.
- Advise trade associations and companies on NAFTA negotiation and implementation.
- Advise foreign governments in FTA negotiations with the United States with respect to chapters deadline with rules of origin, trade remedies, market access, customs administration, government procurement and agriculture.
- Selected by Chambers USA as a noted practitioner
- Recognized as an Acritas Star Lawyer
- Listed in Best Lawyers, International Trade and Finance Law
- Law360 editorial advisory board in the field of International Trade
- Planning Committee member, 19th Judicial Conference of the U.S. Court of International Trade
- Author, U.S. Chapter, Getting the Deal Through – Trade & Customs 2018
Recent Speaking Engagements
- “The Impact of Tariffs” presentation to the Automotive Sales Council, May 8, 2018
- “Trans-Pacific Partnership” Webinar, The Knowledge Group, Jan. 8, 2016
- “WTO Developments: What Peru Needs to Know,” presentation to the American Chamber of Commerce, Lima, Peru, June 17, 2011
- Presentation on anti-dumping investigations and World Trade Organization developments at the International Seminar of Anti-Dumping Procedures workshop for Peru’s antidumping authority (Indecopi), organized by USAID, June 16–17, 2011
- “How to Effectively Use Regional and Multilateral Trade Agreements,” 4th Annual Import and Customs Compliance Conference, Washington, DC, May 12, 2010
- “Customs’ Role in Trade Remedy Litigation: Where the Rubber Meets the Road,” 14th Judicial Conference of the U.S. Court of International Trade, New York, NY, Nov. 6, 2006
- “High Court Gambling Decision Conjures Old Trade Tensions” Law360, May 17, 2018
- “Irving reaches deal in tariff dispute over paper shipped to U.S.” CBC News, March 26, 2018
- “Trump’s Trade Crossfire May Imperil Food Producers,” Law360, March 2, 2018
- “Would Trump really let NAFTA die over a dispute process he likely can’t explain in a tweet?” National Post, Aug. 21, 2017
- “NAFTA Revamp Talks to Launch This Week,” Bloomberg BNA, Aug. 14, 2017
- “Made in America, But Not ‘Made in the USA’?” Law360, July 27, 2017
- “Ottawa called on to push for renewed softwood exclusion in U.S.” CBC News, April 28, 2017
- “Liberal stance on softwood subsidy ignores U.S. ruling’s words,” CBC News, May 2, 2017
- “4 Takeaways From Commerce’s ‘Normal Value’ Dumping Rule,” Law360, Sept. 2, 2016
- “Panamá podría beneficiarse de la era Trump: especialista” Forbes Mexico, Feb. 27, 2017
- “Política de Trump podría dar ventaja a Panamá” El Financiero, Feb. 13, 2017
- “El TPC no corre riesgo con Trump, asegura expert” La Estrella de Panama, Feb. 10, 2017
- J.D., Tulane University Law School
- B.A., University of Maryland
- District of Columbia
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of Columbia
- U.S. Supreme Court