Dean A. Barclay
Dean Barclay is a counsel in the Firm's Global International Trade Group, located in the Washington, DC office. His practice focuses primarily on customs matters. Such matters involve US customs administration, enforcement, compliance, civil litigation, legislation, and policy.
Dean has experience with nearly all substantive import regulatory issues that US Customs and Border Protection decides. Clients seek his advice regarding a range of activities, including classifying imported goods, determining value, applying rules of origin, complying with marking requirements, pursuing the benefits of trade preference programs or Free Trade Agreements, understanding Foreign Trade Zones and other temporary import structures, obtaining advance letter rulings, undergoing compliance audits, filing prior disclosures, striving to mitigate proposed customs penalties, and carrying out or submitting to customs-related investigations, including those initiated pursuant to the Enforce and Protect Act (EAPA).
Almost all of the Firm's US customs matters involve Dean. He has helped clients from many industries (electronics, household goods, chemicals, steel, transportation, apparel, food, etc.). A former teacher, Dean has also zealously mentored many White & Case lawyers in not only US customs law but also other international trade areas, ensuring that the Firm's breadth and depth extend throughout its ranks at every level.
Dean has composed briefs filed with the US Supreme Court, the US Court of Appeals for the Federal Circuit, the US Court of International Trade, and many federal agencies, as well as personally argued appellate issues before a three-judge panel at the US Court of Appeals for the Federal Circuit. Before joining White & Case, Dean worked in another Washington law firm, and prior to that was a tenured Associate Professor of English at Elmhurst College in Illinois.
- Helping a US importer and Thai producer of high quality diamond sawblades, core bits, diamond wire, and related products incorporating China-origin inputs defend against EAPA evasion allegations at US Customs and Border Protection (CBP) and in the US Court of International Trade (USCIT), against related circumvention allegations made at the US Department of Commerce (DOC) and in the USCIT, and against associated Racketeer Influenced and Corrupt Organizations Act (RICO) allegations brought in another US District Court.
- Helping a leading global producer of consumer appliances obtain dozens of favorable advance CBP country-of-origin rulings, which made US imports of goods produced in third countries from China-origin inputs not be subject to Section 301 duties.
- Helping a leading global supplier of memory products to undergo a CBP focused assessment audit verifying imported products' countries of origin and to submit factual and legal arguments affecting a potential related request from CBP's Electronics Center of Excellence & Expertise to obtain internal advice from CBP Headquarters.
- Initiating and driving the Firm's development of a proprietary, on-line app, the US Customs Transaction-Value Analysis Tool, which examines an importer's method for determining the dutiable value of merchandise sold for export to the United States—and which potentially reduces by hours the time that importers and their counsel spend gathering relevant facts, finding applicable law, drawing tentative conclusions, and drafting.