Frank J. Desiderio is a founding member of the Firm.
Before entering into private practice, he served as a trial attorney in the Customs Section of the Civil Division of the US Department of Justice where he represented the US Customs Bureau (now US Customs and Border Protection) in proceedings before Court of International Trade.
His clients include importers, retailers, foreign manufacturers, buying agents, trading companies, trade associations, Customs Brokers and foreign governments. For over 40 years, he has assisted clients in structuring their import transactions in a fashion which will minimize Customs duties, ensure regulatory compliance and eliminate Customs penalty exposure.
Mr. Desiderio routinely represents companies in connection with: customs audits involving classification, valuation and eligibility under various Free Trade Agreements, customs investigations, origin inquiries, exclusions, seizures, penalty and liquidated damages assessments. He also counsels his clients in connection with Importer Self Assessment applications and the Customs-Trade Partnership Against Terrorism.
He has written and lectured widely on customs and trade issues (including publications and seminars in the US, Europe and Asia).
"Increasing Profits by Lowering Custom Duties," Trade with Italy, (1983)
"General Export Concerns," Trade with Italy (1987)
"GATT, Textiles, MFN & Vietnam," Vietnam Today (1994)
"U.S. Customs' Concerns About Origin," The Strategist (1994)
"Trading Without MFN," The Vietnam Business Journal (1995)
"Transfer Pricing and U.S. Customs," Italy Today Fall Issue (1999)
"New U.S. Marking Rules for Certain Silk Products," Italy Today, Millennium Issue (1999)
"Learning Local Customs," American British Business (2007)
"Proposed Importer Security Filer and Additional Carrier Requirements Dramatically Change the Methodology and Timing of Data Transmission," e'Itala USA (2008)
"New U.S. Legislation Imposes Additional Standards and Certification Requirements on Children's Products and Apparel Exported to the U.S.," Il Doganalista (2008)
"Memorandum sul manzo," Il Doganalista (2009)
“Will the ‘First Sale’ Rule Survive,” Trade with Italy (2010)
“Thoughts on the ‘first sale’ Rule,” World Customs Journal, Volume 4, Number 1 (2010)
"First Sale Appraisement Equals Substantial Duty Savings," Trade with Italy (2015)
International NYTimes Luxury Law Summit (London) Panelist (2014-Present)
Georgetown Law Center: Panelist and Advisory Board Member for International Trade Update (2013-Present)
Fordham Law School, Guest Lecturer: Fashion Law (2011-Present)
Italian Trade Commission: Legal, Customs & Tax (2012)
Business Development Institute: Examining Corporate Tax Strategies for Multinational Corporations (2011)
World Trade Institute: New York and New Jersey Port Authority, Customs Law (1977-1980, 1995-1997)
World Trade Institute: Pace University, Harmonized Tariff System Workshop (1998-2000)
International Business Machines, Customs Law (1992-1993)
South African Professional Development Program (1995)
Executive Enterprises, US Customs Valuation and the Interplay with Transfer Pricing (1994)
Importing for Exporters: An Overview (1996)
Italy America Chamber of Commerce, Tariff & Trade Advisor (1999-Present)
New York State (Member, Committee on International Trade)
American Bar Association
Customs and International Trade Bar Association
US Court of International Trade
US District Court, Eastern and Southern Districts of New York
US Court of Claims
US Court of Appeals for the Federal Circuit
St. John’s University J.D. (1972)
St. John’s University B.S. (1969)