Ned Marshak is a resident partner in the New York office. After graduating from Georgetown University Law Center in 1975 (Executive Board member of GULC’s international law journal) Ned worked for two years as a staff attorney at Customs Service Headquarters in Washington, D.C, in the classification and value division. He then entered private practice in New York, where for the past 44 years his practice has focused exclusively on international trade and customs related issues.
Ned has represented foreign manufacturers, importers, foreign governments and trade associations before the DOC, USITC and CBP in numerous complex customs and trade cases. He has participated in virtually all major trade disputes between domestic producers and our trading partners from the 1970s through the present: Japanese television producers in the 1970s – 1980s, German steel producers in the 1980s – 1990s, Canadian softwood lumber producers in the 2000s. Since joining the GDLSK in 2004, his practice has focused on the myriad of issues arising from trade with China, most notably, ADD/CVD/201/232/301/UFLPA proceedings, customs audits, fraud investigations, trade preference programs, and scope and anti-circumvention investigations of goods containing Chinese inputs exported from third countries. He also has continued to work on multiple market economy cases.
Ned’s practice includes strategic planning, administrative proceedings, and, where necessary, litigation before the CIT and CAFC. His expertise in customs law (e.g., classification, appraisement, origin, trade preference programs and penalties) allows Ned to identify customs issues that arise during the course of a trade action and vice versa.
Ned also has represented clients in customs and trade related actions in Federal Courts throughout the United States (Lanham Act, Qui Tam, Antitrust, Record Keeping requirements). He was lead counsel in the seminal CAFC decision, Nissho Iwai American Corporation v. United States, which led to the development of the “first sale rule” for customs appraisement purposes.
Ned’s representation and litigation experience are expansive. Ned co-led counsel before USITC representing coalitions of Chinese manufacturers/exporters in material injury investigations including passenger and light truck tires (PVLT), truck and bus tires (TBT), fabricated structural steel, R-134, HFCs, aluminum foil, lined paper products, and others. Ned was lead counsel before USITC obtaining favorable no-injury no-threat determination in investigation on steel nails from India, Sri Lanka, Oman, and Turkey. Ned was the lead litigation counsel before CIT/CAFC on wind towers, reducing DOC’s calculated 51% ADD rate to zero, by prevailing on four major factual issues. Ned was lead litigation counsel before CAFC on honey, overturning DOC/CIT decision of critical circumstances. Ned was lead litigation counsel before CAFC on nails, overturning DOC/CIT decision that favorable DOC changed circumstances decision should be prospective only. Ned was also lead litigation counsel before CIT/CAFC on nails, overturning DOC scope decision that certain zinc anchors fell within scope of ADD Order on steel nails.
Ned was the senior member of the GDLSK ADD teams in the DOC initial investigations, annual reviews, and anti-circumvention and scope inquiries on behalf of multiple clients in multiple industries (e.g., PVLTs from China and Vietnam; solar panels from China; nails from China, Taiwan, India, Sri Lanka, UAE; FSS from China; pipes and tubes from India; R-134 and HFC from China, etc.). Ned was also the senior member of the GDLSK teams in USITC material injury investigations, in which GDLSK has obtained 5 negative determinations for our clients since 2018, more than what any other law firm has done.
Ned frequently lectures and authors articles on customs and trade issues. He has been an adjunct professor at Brooklyn Law School for over 25 years, teaching international/trade customs law from a practitioner’s perspective.