Nithya Nagarajan’s experience working in federal government agencies provides critical perspective as she advises clients on U.S. trade and trade remedies. Her previous roles at the Department of Commerce, the Department of Justice and the U.S. Court of International Trade give Nithya an insider’s perspective as she counsels clients on administrative and regulatory acts before Commerce, the International Trade Commission and U.S. Customs and Border Protection (CBP).
Nithya also defends appeals in the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, NAFTA panels and the World Trade Organization. Nithya’s focus is trade-remedy strategy and antidumping and countervailing duty proceedings.
Nithya has advised foreign manufacturers in India, China, Thailand, Malaysia, Korea and Vietnam in handling trade and supply chain issues associated with exports to the United States. As a result of this experience, Nithya has a wide-ranging understanding of the business regulatory, financial recordkeeping, and other trade and supply chain issues unique to each of these countries.
She has deep experience with all levels of trade remedy proceedings, having led and participated in numerous such proceedings conducted by the U.S. Department of Commerce, the Ministry of Commerce in the People’s Republic of China, the DGFT in India and the European Commission.
She has conducted trade consultations and negotiations with foreign governments including India, Japan, the Netherlands, Russia and Ukraine, and negotiated several bilateral trade agreements (suspension agreement or undertakings) on behalf of the Department of Commerce in the settlement of antidumping duty investigations.
Nithya advises clients to choose preventive medicine instead of a bandage by calling her to avert problems when they start new investments or become mandatory respondents in trade remedy proceedings. As a licensed U.S. Customs broker, she handles classification and entry analysis, prior disclosures and protests.
When the U.S. Department of Commerce alleged that a foreign company dumped a steel product in the United States, Nithya worked hand in hand with the client to provide comprehensive sales analysis, cost analysis and full responses to the agency.
She successfully guided the foreign company through a three-week onsite audit, and at the conclusion of the case, the client received a 0 percent cash deposit authorized upon entry of the accepted steel product.
- Represented a major exporter of Cold-Drawn Mechanical Tubing from India and obtained the lowest antidumping duty margin as compared to exporters from India and several other countries in companion cases.
- Reversed adverse findings for a multinational steel exporter in administrative reviews of antidumping and countervailing duty matters before the Department of Commerce to mitigate amount of duties imposed.
- Obtained zero margins for a Thai exporter of Glycine in ongoing antidumping and countervailing duty investigations.
- Successfully obtained scope and duty exclusions for U.S. companies affected by antidumping duty and countervailing duties on High-Quality Coated Free Sheet Paper from China; Steel Cylinders from China; and Aluminum Extrusions from China.
- Enabled U.S. importer to obtain authorized exclusion from antidumping and countervailing duties on key component for sale of HFC refrigerant blends.
- Obtained exclusion of paper products from China from scope of antidumping and countervailing duty order on high-quality coated free sheet paper from China.
- Successfully argued in Chinese dumping case that Department of Commerce should consider trading company that holds title to goods at time of export to be exporter of record because determining correct exporter of record in trade remedies cases is key issue in order to apply calculated separate rate.
- Successfully assisted U.S. importer in mitigating liabilities related to violation of classification and import laws.
- Obtained prior disclosures with no penalties for clients and secured binding ruling requests for Harmonized Tariff Schedule classification issues.
Over the years, Nithya has devoted many hours of service to organizations that support education, faith, music and the arts. The Carnatic Music Association, of which her father was a founding member, draws Nithya because of her personal interest in Indian classical music. She also contributes considerable pro bono legal assistance and leadership at the Sri Siva Vishnu Temple, which her parents helped found.
- UPAKAR – The Indian-American Scholarship Organization, Washington, D.C., Treasurer, Board Member
- Sri Siva Vishnu Temple, Washington, D.C., Secretary, Board Member, pro bono assistance
- Freer Sackler Galleries of the Smithsonian Institution, Washington, D.C., Volunteer and Guest Speaker
- J.D., American University Washington College of Law
- M.B.A., George Washington University
- B.A., George Washington University
- Washington, D.C.
- U.S. Court of International Trade
- U.S. Court of Appeals, Federal Circuit
Professional Associations and Memberships :
- American Institute for International Steel
- American Bar Association
- Washington International Trade Association
- Indian-American Bar Association
Clerkship : Law Clerk, The Hon. Evan Wallach, U.S. Court of International Trade, 2004-2006
Rate : $$$