Ted Murphy

Some of Ted’s representative matters (including prior to joining Sidley) include:

• Provided strategic advice to dozens of clients on all aspects of the product exclusion processes related to the duties imposed under Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962 ― from securing product exclusions (and extensions of exclusions), to obtaining tens of millions of dollars in duty refunds through administrative protests and litigation at the CIT.
• Advised numerous companies, from large multinationals to small- and medium-sized enterprises, on complex country of origin issues, including relocating significant portions of their supply chains to mitigate the impact of additional duties on Chinese-origin products (often referred to as the “Section 301 Tariffs”); and obtained favorable country of origin rulings from CBP.
• Counseled companies in a variety of industries, including solar, apparel, electronics, consumer merchandise, medical devices, automotive, and e-commerce on improving internal controls with respect to forced labor (e.g., supply chain traceability, supplier on-boarding and auditing, etc.) in response to the evolving legal standards in this area.
• Advised clients in a variety of industries, including apparel companies, on the development, implementation, and audit of programs to utilize the “first sale” value for customs valuation purposes, resulting in lower landed costs and significant duty savings.
• Prepared customs valuation studies on the acceptability of intercompany transfer prices for customs purposes for multinational clients in various industries.
• Counseled companies in the electronics, life sciences, utility, and building systems industries on sourcing and government procurement origin issues under the Buy American Act, Trade Agreements Act, American Recovery and Reinvestment Act of 2009, Infrastructure Investment and Jobs Act, and other more recent statutes.
• Advised clients in the oil and gas, pharmaceutical, apparel, and consumer products industries in applying for membership in the voluntary programs such as the Importer Self-Assessment and Customs Trade Partnership Against Terrorism (CTPAT) programs, and helped clients prepare for validations.
• Conducted compliance trainings for clients on transitioning from NAFTA to the USMCA.
• Advocated on behalf of a global technology company to various customs administrations, including in the United States, EU, and Japan, to obtain a favorable classification decision for the company’s product line at the World Customs Organization, resulting in lower duty rates for the company’s products in many markets.
• Advised clients on the design and implementation of intercompany pricing practices and procedures that are consistent with customs requirements in multiple jurisdictions.
• Represented a multinational life sciences company in customs audits involving intercompany transfer pricing adjustments in multiple jurisdictions and successfully defended the company in a CBP penalty action.
• Conducted internal assessments and investigations for numerous clients to identify potential compliance violations and, where appropriate, prepared voluntary self-disclosures.
• Represented clients in the food, pharmaceutical, textile and apparel, steel, agrochemical, and consumer products industries in CBP-Focused Assessments, free trade agreement verifications, Generalized System of Preferences, and other types of customs audits.
• Defended clients in the solar, apparel, consumer merchandise, and medical device industries against forced labor enforcement actions, including detentions and exclusions, under 19 U.S.C. § 1307 and the Uyghur Forced Labor Prevention Act.
• Represented clients in CBP penalty investigations involving customs valuation issues (e.g., transfer pricing, intercompany royalties, assists, indirect payments, etc.), preference claims, classification issues, country of origin issues, and the failure to deposit antidumping/countervailing duties.
• Represented clients in False Claims Act investigations involving alleged customs violations.
• Represented clients in civil and criminal customs fraud investigations conducted by CBP and U.S. Immigration and Customs Enforcement.
• Served as counsel in United States v. Nitek Electronics, Inc., a landmark decision by the U.S. Court of International Trade regarding how U.S. customs penalty cases are prosecuted by the government.
• Represented a materials science products manufacturer in a country of origin investigation conducted by the U.S. General Services Administration Office of Inspector General.
• Represented a U.S. tool manufacturer in a “Made in USA” investigation conducted by the Federal Trade Commission.  

*Some of the matters above were handled prior to joining Sidley.

• American Bar Association (International Law and Practice Section and Administrative Law and Regulatory Practice Section) – Member
• U.S. Council for International Business, Customs & Trade Facilitation Committee
• Customs and International Trade Bar Association – Board of Directors (2006–2009)