Brian S. Goldstein

Of Counsel

  • Brian S. Goldstein
  • Phone: +1 212 692 1041

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  • Duane Morris LLP
    1540 Broadway
    New York, NY 10036-4086
    USA
  • Duane Morris LLP
    230 Park Avenue, Suite 1130
    New York, NY 10169-0079
    USA

Brian S. Goldstein practices in the areas of international trade and customs law, with particular focus on structuring and restructuring import and export transactions, and resolving intricate customs disputes. He also has extensive experience handling trade issues related to the chemical and pharmaceutical industries. He is also a member of the firm's Cuba Business Group.

Admitted to practice in New York and the District of Columbia. He was lead counsel in the U.S. Shoe vs. U.S. case, in which the U.S. Supreme Court held 9-0 that the Harbour Maintenance tax on exports was unconstitutional.

Mr. Goldstein is a past-president of the Customs and International Trade Bar Association and was a member from 1998 to June 2008 of the Advisory Committee on Rules of the U.S. Court of International Trade.

A frequent author and lecturer on topics relating to customs and international trade law, Mr. Goldstein is a member of the Federal and American bar associations. He is a 1965 graduate of Brooklyn Law School and a graduate of Brooklyn College of the City of New York.

Representative Matters

  • Represented a Bolivian pharmaceutical supplier in negotiating the release of millions of dollars of PPE that was wrongfully detained by a freight forwarder alleging that a “documentation issue” existed with the cargo by relying upon a misapprehension of 15 C.F.R. §758.5 and other U.S. Custom laws governing the exportation of goods through the U.S.; negotiated an expedited release of the goods without the need for judicial intervention, to the great satisfaction of the client.

  • Represented WANDL, Inc., a software solutions company specializing in advanced network planning, management, design and the optimization of next-generation multi-layer networks, in its sale by reverse triangular merger to Juniper Networks, Inc. (NYSE: JNPR) for approximately $60 million.

  • Lead counsel, U.S. Shoe Corp. v. United States, 523 U.S. 360 (1998), which challenged the Harbor Maintenance Tax assessed on exports leaving the United States. The U.S. Supreme Court ruled unanimously that the tax was unconstitutional, resulting in the refund of millions of dollars to exporters.

  • Represents and assists clients in licensing and export issues and other matters covered by the Export Administration Act (U.S. Department of Commerce, Bureau of Industry and Security), Foreign Assets Control regulations (U.S. Department of Treasury, Office of Foreign Assets Control) and International Traffic in Arms regulations (U.S. Department of State, Directorate of Defense Trade Controls).

  • Represented clients in U.S. Customs Focused Assessment reviews.

  • Represented chemical and pharmaceutical companies in customs-compliance reviews; assisted clients in matters pertaining to transfer price, royalty and license agreements affecting the dutiable value of imported products; represented foreign manufacturers and U.S. importers in antidumping cases before the U.S. Department of Commerce and the U.S. International Trade Commission.

  • Represented clients in customs and trade (antidumping) litigation before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.

  • Represented clients in Foreign Trade Zone customs-audit matters.

  • Represented clients in disputes with U.S. Customs concerning the classification and valuation of imported merchandise.

  • Represented clients concerning NAFTA preferences and qualifications under other special trade programs.

Admissions

  • Washington, D.C.
  • New York
  • Supreme Court of the United States
  • U.S. Court of International Trade
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York

Education

  • Brooklyn Law School, J.D., 1965

Experience

  • Duane Morris LLP
    - Of Counsel, 2007-present
    - Partner, 2001-2007
  • Greenberg Traurig, LLP, New York, New York
    - Shareholder, 2000-2001

  • Graham & James, New York, New York
    - Partner, 1998-2000

  • Siegel, Mandell & Davidson, New York, New York
    - Partner, 1970-1998
  • United States Department of Justice, Civil Division, Customs Section
    - Trial Attorney, 1966-1970
  • Otterbourg, Steindler, Houston & Rosen, New York, New York
    - Associate, 1965-1966

Professional Activities

  • Former Member, British American Business, Inc.
    - Trade Policy Committee
  • Former Member, British-American Chamber of Commerce
    - Trade Council
  • Former Member, British-American Business Counsel
    - Advisory Committee Member
  • United States Court of International Trade
    - Advisory Committee Member from 1998 to June 2008
  • Conducted seminars on customs law and trade issues in Manchester and Birmingham, England
  • Participant in various judicial conferences of the United States Court of International Trade
  • Participant in seminars in Osaka, Japan
  • American Bar Association
  • Federal Bar Association
  • Customs and International Trade Bar Association
    - Past President
  • United States Court of International Trade
    - Member, Advisory Committee on Rules

Honors and Awards

  • Awarded "Highest Possible Rating in Both Legal Ability and Ethical Standards," Judicial Edition, 2019

  • Listed in Super Lawyers Metro New York for International Law, 2011
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Board Memberships

  • Former Director, British American Business Inc.

Selected Publications

Selected Speaking Engagements

  • Presenter, "What Business Lawyers Need to Know About the New Trade Rules with Cuba," The American Law Institute Continuing Legal Education, November 10, 2015
  • Panelist, "Complying with Customs Laws and Regulations," The State Bar of California International Law Section Program on "Taking Your Practice International," San Diego, California, May 31, 2013
  • Panelist, "Mexico's Customs and Trade Facilitation," United States-Mexico Chamber of Commerce, New York, September 17, 2008
  • Speaker, "Doing Business With Canada" U.S.-Canada Cross Border Issues, Pennsylvania Bar Institute, November 3, 2005
  • Speaker, "Exporting to Mexico - U.S. Customs and Border Protection Compliance: Articles Assembled Abroad with Components Produced in the U.S." Strategies for Trade & Investment in Mexico - March 21-22, 2005
  • Speaker, "Ten Years of NAFTA Trade; An Update; Is The Free Trade Area of The Americas Far Behind?" Russell Bedford International Conference - January 19, 2004
  • Speaker, "The Customs Auditors Are Coming!" Customs and International Trade Compliance Seminar, San Diego, California, December 1997
  • Speaker, "Today's Pivotal Issues for Textile and Apparel Importers," hosted by Chemical Bank's Apparel/Textile/Retail Group, New York, New York, March 1994