Dave Townsend
PEOPLE

Dave Townsend

Partner
townsend.dave@dorsey.com

Overview

DAVE ADVISES CLIENTS ON INTERNATIONAL TRADE AND TRANSACTIONS.

Dave is a partner in the firm's Government Solutions and Investigations Practice Group. Dave obtains favorable outcomes in international trade-related disputes, investigations, litigation, and negotiations.

Dave represents U.S. and foreign clients in trade litigation and disputes, including in matters before the Department of Commerce, the International Trade Commission, and the U.S. Customs and Border Protection (CBP).  He has represented clients in antidumping, countervailing duty, duty evasion, and safeguard proceedings.  In addition, Dave has assisted clients in investigations under sections 232 and 301, and compliance with free and preferential trade agreement obligations. Dave also assists companies with import compliance, including classification, country-of-origin, and valuation, and prior disclosures to CBP.

Dave advises clients on U.S. economic sanctions, export controls, and national-security related matters, including matters before the Bureau of Industry and Security (BIS), the Committee on Foreign Investment in the United States (CFIUS), the Directorate of Defense Trade Controls (DDTC), and the Office of Foreign Assets Control (OFAC).  He helps clients with voluntary self disclosures, enforcement matters, developing corporate compliance policies, and trade due diligence in mergers and acquisitions.

Dave’s clients have included those in a variety of industry sectors, including various agricultural products, chemicals, energy, distilled spirits, financial and other services, solar products, and steel. Dave has significant experience helping clients that are doing business between China and the United States.

Dave is adjunct faculty at the University of Minnesota Law School, where he teaches courses on U.S. trade law.  Dave also previously taught at the Georgetown University Law Center on WTO agreements, negotiations, and disputes.

Education & Admissions

The George Washington University Law School (J.D., 2010), with honors; Senior Articles Editor, Journal of Energy and Environmental Law

London School of Economics and Political Science (M.S., International Political Economy, 2007), with honors

University of Minnesota (B.A., Political Science and Sociology, 2004), summa cum laude; Phi Beta Kappa

Admissions

  • District of Columbia
  • Maryland
  • Minnesota

Experience

Representative Work

U.S. ANTI-DUMPING AND COUNTERVAILING DUTY PROCEEDINGS

  • WHITE GRAPE JUICE CONCENTRATE FROM ARGENTINA
    Obtained lowest preliminary antidumping and countervailing rates for Argentine mandatory respondent
  • Negotiated suspension agreement to avoid final antidumping and countervailing duties
  • CRYSTALLINE SILICON PHOTOVOLTAIC PRODUCTS FROM CHINA (ANTI-CIRCUMVENTION)
    Advised U.S. importers on investigations and potential application to U.S. solar projects
  • CERTAIN ALUMINUM ALLOY SHEET FROM CHINA
    Represented Chinese industry associations in Commerce antidumping proceeding and International Trade Commission injury investigation.
  • CERTAIN STEEL NAILS FROM OMAN
    Lowered antidumping duty rate for foreign exporter and mandatory respondent in administrative review.
  • CRYSTALLINE SILICON PHOTOVOLTAIC PRODUCTS FROM CHINA AND TAIWAN
    Represented mandatory respondent in Commerce antidumping duty investigation; represented U.S. importer in International Trade Commission injury determination.
  • DIAMOND SAWBLADES FROM KOREA
    Successful representation of mandatory respondent in antidumping investigation and Court of International Trade and Federal Circuit appeals of the investigation.
  • CERTAIN STEEL NAILS FROM THE UNITED ARAB EMIRATES
    Obtained court-ordered revocation of antidumping duty order with respect to foreign respondent.
  • CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM CHINA
    Advised U.S. purchaser regarding Commerce and International Trade Commission proceedings.
  • OIL COUNTRY TUBULAR GOODS FROM CHINA
    Represented respondent-government before Commerce.
  • DIFFUSION-ANNEALED, NICKEL-PLATED FLAT-ROLLED STEEL PRODUCTS FROM JAPAN*
    Advised U.S. purchaser regarding ITC proceedings.
  • GLYCINE FROM CHINA
    Represented U.S. petitioner in proceedings before Commerce and International Trade Commission.
  • FROZEN WARMWATER SHRIMP FROM CHINA AND VIETNAM
    Represented exporters in proceedings before Commerce.

EXPORT CONTROLS AND SANCTIONS

  • Assisted clients with removal from U.S. sanctions lists, including those administered by the Bureau of Industry and Security (BIS) and the Office of Foreign Assets Control (OFAC)
  • Advises clients on voluntary self-disclosures to and enforcement actions by BIS, OFAC, and the Directorate of Defense Trade Controls (DDTC).
  • Drafts and assists with implementation of compliance programs relating to U.S. export controls and sanctions.
  • Assists with due diligence arising in mergers and acquisitions, including negotiation of post-closing measures relating to trade liability.

U.S. CUSTOMS

  • Counsels clients on import entry, classification, valuation, marking and the rules of origin.
  • Advises on prior disclosures to U.S. Customs and Border Protection (CBP).
  • Analyzes eligibility of imports for lower tariff rates under U.S. free trade agreements and preferential tariff programs.

SECTION 232 AND 301 MATTERS

  • Drafts comments to BIS and Office of the U.S. Trade Representative (USTR) on proposed tariffs under sections 232 and 301.
  • Advises on exclusion requests to BIS and USTR.
  • Reviews harmonized tariff schedule and country-of-origin for imports to determine applicability of tariffs under sections 232 and 301.

CFIUS REVIEWS

  • Advises on necessity of making mandatory or voluntary disclosures to CFIUS, including identifying U.S. operations involving critical technologies, critical infrastructure, sensitive personal data, and sensitive real estate.
  • Represents both sellers and buyers in cases before CFIUS, including those involving sensitive national security technology.

News & Resources

Articles

U.S. Piles on Array of New Sanctions Against Russian Military-Industrial and Financial Sectors
Biden Administration Adds Sanctions Against Foreign Financial Institutions Supporting Russia’s Military-Industrial Base
Petition Seeks Antidumping and Countervailing Duties on Aluminum Extrusion Imports from Fifteen Countries
DOJ Strike Force Allegations Highlight Diversion and Theft from U.S. Companies
Foreign-Owned U.S. Companies Must Soon Respond to Federal Survey
United States Imposes New 200% Tariffs on Russian Aluminum, Further Expands Sanctions on Russia, and Warns of New Third Country Sanctions
United States Continues Expansion of Export Control Sanctions on Chinese Companies
Congress, President Align on Powerful New U.S. Intellectual Property Protection Law
FCC Bars Imports of Telecommunications Equipment or Technology from Certain Chinese Producers
Biden Administration Restricts U.S. Exports of Advanced Computing and Semiconductor Manufacturing Equipment, Software, and Technology to China
Key Takeaways From President Biden’s Executive Order 14083 on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States (“CFIUS”)
CFIUS Annual Report - A Banner Year for Filings and Inquiries to Parties of Non-Notified Transactions
U.S. Customs and Border Protection Releases Importer Guidance for Uyghur Forced Labor Prevention Act Implementation
U.S. Treasury Department Clarifies Previous Prohibitions on New Investments in Russian Equities and on Export of Trust, Accounting and Management Consulting Services to Russia
U.S. Bars Accounting, Trust and Corporate Formation, and Management Consulting Services and Adds Export Restrictions to Russia
United States Bans Russian-Affiliated Ships from Entering Any U.S. Port
U.S. Government Sanctions Sberbank and Alfa Bank, Prohibits All New Investments in Russia, Imposes New Export Restrictions against Russian Civil Aviation & Ends PNTR Status for Russia and Belarus
U.S. Expands Russian Energy Sector Sanctions, Proposes Major Tariff Hikes on Nearly All Russian-Origin Goods & Imposes New Sanctions on Belarus
United States Imposes More Sanctions to Block Russian Access to U.S. Banking System and U.S. Goods, Technology or Software
U.S. and Allied Countries Impose Sanctions Targeting Russian Financial Sector and Ukraine Separatist-Territories
U.S. Government Seeks Public Comments on Implementation of Xinjiang Regional Import Restrictions
President Biden Signs New Law Requiring U.S. Blockage of All Imports Made Wholly or Partly in Xinjiang, China
BIS Considers Export Controls on Neurotechnology and Adds New Controls on Genetic Sequencing Software and Intrusion Software
What To Watch As USTR Considers Chinese Tariff Exclusions
U.S. National Security Issues in Cross-Border Food, Beverage & Agribusiness Deals

News & Press Mentions

Dave Townsend Comments on Antidumping Duties Prepped for Argentinian Grape Juice
Dave Townsend Comments on US Removing Japan Steel Tariffs
Dave Townsend Discusses the US-EU Tariff Deal
Dorsey & Whitney Names New Partners
IFLR Recognizes Dave Townsend as a 2021 Americas Rising Star
Chambers USA 2019 Recognizes Dorsey Lawyers and Practices
Dorsey Of Counsel Dave Townsend Comments on China Trade War and Soybean Industry
Dorsey Of Counsel David Townsend Comments on China and Trade Rules
International Trade and Transactions Lawyer David Townsend Joins Dorsey in Minneapolis

Legal Writings

  • Idaho Business Review, Opportunities and Obstacles in International Trade (Aug. 27, 2018) (co-authored with Robert Maynard)
  • ABA Section of International Law, International Legal Developments Year in Review 2017, International Trade Chapter (2018) (contributor)
  • Journal of International Economic Law, Preventing Opportunistic Uncompliance by WTO Members (2011) (co-authored with Professor Steve Charnovitz)
  • Richmond Journal of Global Law and Business, Stretching the Dispute Settlement Understanding: U.S. – Cotton’s Relaxed Interpretation of Cross-Retaliation in the World Trade Organization (2010)

Select Presentations

  • Minnesota Business Law Institute, Every time I turn around the regulations change: How to Navigate Corporate Compliance in U.S. Export Controls and Economic Sanctions (September 2, 2020)
  • Dorsey & Whitney, A Look at U.S.-Cuban Relations: Past, Present and Future (Oct. 22, 2018)
  • Minnesota State Bar Association 42nd Annual International Business Law Institute, Overview of U.S. Export Controls and Economic Sanctions (April 19, 2018) 

Industries & Practices

Government Solutions & Investigations
Environmental, Social, Governance (ESG)
  • Banking & Financial Institutions
  • Capital Markets
  • China
  • Corporate Governance & Compliance
  • Development & Infrastructure
  • Emerging Companies
  • Energy & Natural Resources
  • Environmental, Social, Governance (ESG)
  • Food, Beverage & Agribusiness
  • Government Solutions & Investigations
  • Healthcare & Life Sciences
  • Intellectual Property
  • International Trade
  • Mergers & Acquisitions
  • National Security Law
  • Oil & Gas
  • Technology

Professional & Civic

Professional Achievements

  • Council Member for the Minnesota State Bar Association International Business Law Section (Previously served as Chair)
  • Adjunct Faculty, University of Minnesota Law School

Accolades

Contributed 50+ Pro Bono Hours in 2021

  • Contributed more than 50 Challenge pro bono hours, 2021
  • Named an Americas Rising Star by IFLR (International Trade), 2021

Ranked in Chambers USA 2019 Leading Individual

  • Named one of “America’s Leading Business Lawyers” by Chambers USA (International Trade: Trade Remedies & Trade Policy), 2019
Dave Townsend