Ted Murphy counsels companies on international trade and customs law. In particular, he advises clients on international trade, trade policy and customs compliance issues, including actions brought under Section 232 of the Trade Expansion Act of 1962 and Section 301 of the Trade Act of 1974, as well as the administration of international agreements such as the WTO Agreement on Customs Valuation, NAFTA, the Information Technology Agreement, etc. He is a frequent speaker on international trade and customs compliance-related topics at seminars in the United States and abroad. He is routinely recognized as a leading practitioner by Chambers and other publications. Mr. Murphy was appointed by the Secretary of Commerce and the United States Trade Representative to serve on the Industry Trade Advisory Committee on Customs Matters and Trade Facilitation (ITAC 14) for the 2010-2014 and 2014-2018 terms. Mr. Murphy is also the former Managing Partner of the Firm’s Washington, DC office.
Mr. Murphy assists clients on all substantive issues handled by US Customs and Border Protection, including complex customs valuation matters, free trade agreement qualification, tariff classification, special program and forced labor issues. He assists clients develop and implement effective compliance programs to help ensure that reasonable care is exercised over import matters and prepare for membership in voluntary programs, such as the Importer Self-Assessment and the Customs-Trade Partnership Against Terrorism programs. He regularly conducts internal compliance reviews, prepares detailed prior disclosures and compliance improvement plans, and represents clients in customs compliance audits and enforcement actions, including both US Customs and Border Protection and Homeland Security Investigations. He also regularly provides customs and other regulatory advice in connection with corporate restructurings, mergers and acquisitions, and advises clients on trade-related legislative matters. He frequently works with colleagues in other practices and in other jurisdictions on multi-disciplinary customs compliance issues, such as the intersection between transfer pricing and customs valuation, IP licensing and other issues.
Mr. Murphy also represents clients before the US Court of International Trade, the US Court of Appeals for the Federal Circuit and the US International Trade Commission.
Representative Legal Matters
- Conducted internal assessments and investigations for numerous clients to identify potential compliance violations and, where appropriate, prepared voluntary self-disclosures.
- Represented clients in CBP/ICE penalty investigations involving customs valuation issues (transfer pricing, intercompany royalties, assists, indirect payments, among others), preference claims, classification issues and failure to deposit antidumping/countervailing duties.
- Represented clients in the food, pharmaceutical, textile and apparel and consumer products industries in CBP Focused Assessments, NAFTA Verifications, GSP and other government audits.
- Assisted a US textile and apparel company in overturning the results of a CBP NAFTA Verification of its Canadian affiliate, thereby shielding the company from penalties and preserving its investment in the NAFTA territory.
- Represented US subsidiaries of a global science and technology company in civil and criminal customs fraud investigations conducted by CBP.
- Served as counsel of record in United States v. Nitek Electronics, Inc., a landmark decision by the US Court of International Trade regarding how US customs penalty cases are prosecuted by the government.
- Represented a materials science products manufacturer in a country of origin investigation conducted by the US General Services Administration (GSA) Office of Inspector General.
- Represented a US tool manufacturer in a “Made in USA” investigation conducted by the US Federal Trade Commission (FTC).
- Honored as a leading customs compliance practitioner by Chambers USA (Band 1), Chambers Global and other legal publications
- International Trade – Team of the Year, awarded to Baker McKenzie International Trade Compliance Team, The Legal 500 United States Awards, 2014
- Recognized as the "go-to" attorney for customs strategy issues, The Legal 500, 2013
- Award of Excellence to Baker McKenzie International Trade Compliance Team, Chambers USA, 2013
Professional Associations and Memberships
- American Bar Association (International Law and Practice Section and Administrative Law and Regulatory Practice Section) - Member
- US Council for International Business, Customs & Trade Facilitation Committee
- Customs and International Trade Bar Association - Board of Directors (2006-2009)
- District of Columbia~United States (1998)
- Pennsylvania~United States (1997)
- University of Pennsylvania (J.D.) (1996)
- College of the Holy Cross (B.A.) (1993)
Co-author, "What You Should Know About CBP's Centers of Excellence and Expertise: The Future of Import Processing," Practical Trade & Customs Strategies, Thomson Reuters Vol. 3, No. 5, May 2014
Presenter, "China and Global Trade Risk," Deutsche Bank Tech Treasurer Retreat, Pebble Beach, CA, 12 July 2018
Presenter, "The Trump Trade Agenda: Where Are We and Where Are We Going?," Houston Energy Industry Trade Compliance Forum, Houston, TX, 28 June 2018
Presenter, "World Trade Update," 44th Annual South Carolina International Trade Conference, Charleston, South Carolina, 1 November 2017
Presenter, "Valuation: Latest Shared Perspective on New Obligations and International Trends," ACI’s Advanced Forum on Customs & Trade Enforcement, Washington, DC, 26