Dave Townsend
PEOPLE

Dave Townsend

Of Counsel
townsend.dave@dorsey.com

Overview

DAVE ADVISES CLIENTS ON INTERNATIONAL TRADE AND TRANSACTIONS.

Dave is of counsel in the firm's Corporate Group and its Technology Commerce and National Security Law Practice Groups.

Dave focuses on advising clients on U.S. economic sanctions, export controls, customs law, 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), the Office of Foreign Assets Control (OFAC), and the U.S. Customs and Border Protection (CBP).  He helps clients with voluntary self disclosures, enforcement matters, developing corporate compliance policies, and trade due diligence in mergers and acquisitions.  Dave also assists companies with all import-related aspects of compliance, including classification, country-of-origin, and valuation.

Dave has represented both U.S. and foreign clients in trade litigation, including obtaining favorable outcomes concerning import tariff rates from the Department of Commerce and injury determinations from the International Trade Commission.  He also represents clients in antidumping, countervailing duty, and safeguard proceedings as well as matters involving the World Trade Organization (WTO) and U.S. free trade agreements.  In addition, Dave has assisted clients in investigations under sections 232 and 301, including advice related to exclusions from tariffs.

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 has helped clients determine tariff rates for imports of Chinese goods into the United States and advised on compliance with U.S. export controls that apply to the transfer of goods, technology, and software from the United States to China.  He has also represented Chinese clients in antidumping and countervailing duty proceedings.

Dave is adjunct faculty at the University of Minnesota Law School, where he teaches a course on U.S. economic sanctions and export controls.  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

EXPORT CONTROLS AND SANCTIONS

  • Regularly submits export licenses and classifications requests, including for encryption items.
  • Advises clients on voluntary self-disclosures to and enforcement actions by the Commerce Department Bureau of Industry and Security (BIS), the Department of Treasury Office of Foreign Assets Control (OFAC), and the State Department 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 self-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 the Bureau of Industry and Security (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.

U.S. ANTI-DUMPING AND COUNTERVAILING DUTY PROCEEDINGS

  • 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.
 

News & Resources

Articles

U.S. Government Expands Restrictions on Exports to China, Iran, and Russia and Issues New Business Advisory Regarding Forced Labor in Xinjiang
Biden Administration Revises and Expands Restrictions on U.S. Person Investment in Chinese Companies and Releases New List of “Chinese Military Companies” Under 2021 NDAA Section 1260H
U.S. Reimposes Economic Sanctions On Military Regime in Burma
U.S. Department of Commerce Sanctions Seven Chinese Supercomputer Firms
U.S. Court Blocks Trump-Era Trading Ban on Xiaomi Stock
美国法院阻止特朗普对美国人投资小米的禁令
New U.S. Government Review Process Effective March 22 for Information Communications Technology and Services from China, Russia and Other “Foreign Adversaries”
Court Calls into Question Securities Trading Restrictions on Entities Designated as Communist Chinese Military Companies
U.S. Expands Xinjiang Regional Import Restriction to Cover All Cotton and Tomato Products
Trump Administration Revises List of State Sponsors of Terrorism
U.S. Government Sanctions Chinese and Russian Entities and Creates New Military End User List
Trump Administration Seeks to Ban Transactions Using Popular Chinese Mobile Apps
U.S. Customs Bans More Textile Imports From China
Expert opinion: Policy trends impacting the Utah-China relationship
Trump Administration Bars U.S. Investments in Certain Chinese Companies Linked to Chinese Military
U.S. Customs Authorizes Seizure of Stevia from China for Alleged Use of Forced Labor
U.S. Bars More Imports and Weighs Broader Measures on Cotton From Xinjiang, China
Trump Administration Re-imposes Sec. 232 Tariff on Canadian Primary Aluminum
How U.S. trade actions affect the textile industry
Certain Tariff Deferrals Possible for U.S. Importers Whose Revenue Has Sharply Declined
Importer and Its Executives Pay $5.2 Million Under FCA for Evading U.S. Tariffs
United States Bans Exports of Certain Personal Protective Equipment with Potential for Further Export Restrictions
The impact of the Trump administration’s trade actions on the textile industry
U.S.-China Phase One Trade Deal: A Recap
Year-End Trade Deals Offer Hope for U.S. Business in 2020
Chemical Industry Update - November 2019

News & Press Mentions

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 Enforcement & Corporate Investigations
  • Banking & Financial Institutions
  • Capital Markets
  • China
  • Corporate Governance & Compliance
  • Development & Infrastructure
  • Emerging Companies
  • Energy & Natural Resources
  • Food, Beverage & Agribusiness
  • Government Enforcement & Corporate Investigations
  • Healthcare
  • 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
  • Adjunct Faculty, Georgetown University Law Center, Washington, DC

Accolades

  • 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