Brian S. Goldstein practices in the areas of international trade and customs law, with particular focus on structuring and restructuring import and export transactions, and resolving intricate customs disputes. He also has extensive experience handling trade issues related to the chemical and pharmaceutical industries.
Admitted to practice in New York and the District of Columbia. He was lead counsel in the U.S. Shoe vs. U.S. case, in which the U.S. Supreme Court held 9-0 that the Harbour Maintenance tax on exports was unconstitutional.
Mr. Goldstein is a past-president of the Customs and International Trade Bar Association and was a member from 1998 to June 2008 of the Advisory Committee on Rules of the U.S. Court of International Trade.
A frequent author and lecturer on topics relating to customs and international trade law, Mr. Goldstein is a member of the New York State Trial Lawyers Association, and the Federal, American and New York State bar associations. He is a 1965 graduate of Brooklyn Law School and a graduate of Brooklyn College of the City of New York.
Representative Matters
· Represents and assists clients in licensing and export issues and other matters covered by the Export Administration Act (U.S. Department of Commerce, Bureau of Industry and Security), Foreign Assets Control regulations (U.S. Department of Treasury, Office of Foreign Assets Control) and International Traffic in Arms regulations (U.S. Department of State, Directorate of Defense Trade Controls).
· Lead counsel, U.S. Shoe Corp. v. United States, 523 U.S. 360 (1998), which challenged the Harbor Maintenance Tax assessed on exports leaving the United States. The U.S. Supreme Court ruled unanimously that the tax was unconstitutional, resulting in the refund of millions of dollars to exporters.
· Represented clients in U.S. Customs Focused Assessment reviews.
· Represented chemical and pharmaceutical companies in customs-compliance reviews; assisted clients in matters pertaining to transfer price, royalty and license agreements affecting the dutiable value of imported products; represented foreign manufacturers and U.S. importers in antidumping cases before the U.S. Department of Commerce and the U.S. International Trade Commission.
· Represented clients in customs and trade (antidumping) litigation before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.
· Represented clients in Foreign Trade Zone customs-audit matters.
· Represented clients in disputes with U.S. Customs concerning the classification and valuation of imported merchandise.
· Represented clients concerning NAFTA preferences and qualifications under other special trade programs.
Professional Activities
· British American Business, Inc.
- Trade Policy Committee
· British-American Chamber of Commerce
- Trade Council
· British-American Business Counsel
- Advisory Committee Member
· United States Court of International Trade
- Advisory Committee Member from 1998 to June 2008
· Conducted seminars on customs law and trade issues in Manchester and Birmingham, England
· Participant in various judicial conferences of the United States Court of International Trade
· Participant in seminars in Osaka, Japan
· American Bar Association
· Federal Bar Association
· New York State Bar Association
· Customs and International Trade Bar Association
- Past President
· New York State Trial Lawyers Association
· United States Court of International Trade
- Member, Advisory Committee on Rules
Experience
· Duane Morris LLP
- Of Counsel, 2007-present
- Partner, 2001-2007
· Greenberg Traurig, LLP, New York, New York
- Shareholder, 2000-2001
· Graham & Janes, New York, New York
- Partner, 1998-2000
· Siegel, Mandell & Davidson, New York, New York
- Partner, 1970-1998
· United States Department of Justice, Civil Division, Customs Section
- Trial Attorney, 1966-1970
· Otterbourg, Steindler, Houston & Rosen, New York, New York
- Associate, 1965-1966
Board Memberships
· Director, British American Business Inc.
Honors and Awards
· Listed in Super Lawyers Metro New York for International Law, 2011
· AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Selected Publications
· "Office of the U.S. Trade Representative Requests Comments on Expanding WTO Duty-Free Pharmaceutical List," Duane Morris Alert, March 15, 2010
· "U.S. to Prohibit Drawback Claims for Excise Tax on Imports?" Duane Morris Alert, November 5, 2009
· "U.S. Customs and Border Protection Bars Use of Customs Bond Forms with Extraneous Information," Duane Morris Alert, May 4, 2009
· "State Department Issues Guidance on Licensing of Foreign Persons for Defense Services or Data Access," Duane Morris Alert, March 9, 2009
· "BIS Seeks Comments Regarding the Effects of U.S. Export Controls on Decisions to Use or Not to Use U.S.-Origin Parts and Components in Commercial Products," Duane Morris Alert, February 26, 2009
· "Uniform Rules on Country of Origin for Imported Goods Proposed by the U.S. Customs and Border Protection," Duane Morris Alert, July 30, 2008
· Co-Author, "Customs Issues Affecting Relocation to the United States," Canada/U.S. Relocation Manual: Immigration, Customs, Employment and Taxation Matters, 1998 and 2005
· "Changes to Watch Out For in Regulatory Audit Procedures," The British American Chamber of Commerce Trade Monitor, 1994
· A Guide to Customs Jurisprudence and Tariff Classification (With Emphasis on Chemical Products)," Japanese Chemical Makers Club (JCMC), September 1990
Selected Speaking Engagements
· Panelist, "Mexico's Customs and Trade Facilitation," United States-Mexico Chamber of Commerce, New York, September 17, 2008
· Speaker, "Doing Business With Canada" U.S.-Canada Cross Border Issues, Pennsylvania Bar Institute, November 3, 2005
· Speaker, "Exporting to Mexico - U.S. Customs and Border Protection Compliance: Articles Assembled Abroad with Components Produced in the U.S." Strategies for Trade & Investment in Mexico - March 21-22, 2005
· Speaker, "Ten Years of NAFTA Trade; An Update; Is The Free Trade Area of The Americas Far Behind?" Russell Bedford International Conference - January 19, 2004
· Speaker, "The Customs Auditors Are Coming!" Customs and International Trade Compliance Seminar, San Diego, California, December 1997
· Speaker, "Today's Pivotal Issues for Textile and Apparel Importers," hosted by Chemical Bank's Apparel/Textile/Retail Group, New York, New York, March 1994