Herbert C. Shelley

Partner

• hshelley@steptoe.com
• vCard
• Washington Office

Herbert C. Shelley is a partner in the Washington office of Steptoe & Johnson LLP. Mr. Shelley has “first-chaired” over 135 judicial appeals complementing over two decades of complex antidumping, countervailing duty and other international trade administrative proceedings.  His practice focuses on complex appellate and administrative matters under the antidumping and countervailing laws and other international trade statutes.  In this role, Mr. Shelley recently was successful in convincing the United States Court of International Trade to conclude that the Continued Dumping and Subsidy Offset Act (“Byrd Amendment”) was unconstitutional.

Mr. Shelley also has extensive experience in litigating trademark and copyright cases under Section 337 of the Tariff Act of 1930.  Mr Shelley was lead counsel in one of the largest 337 investigations concerning the sale of gray market products in the United States.  In a precedent-setting decision, the United States Court of Appeals for the Federal Circuit affirmed that proof of non-physical material differences, alone, is sufficient to prove trademark infringement in a case involving gray market goods.

Mr. Shelley’s experience under the Customs laws encompasses fraud, classification, valuation and other matters, where he has negotiated settlements with Customs in both civil and criminal import matters.  Mr. Shelley also has successfully used the customs laws to protect intellectual property rights, at both the agency level and in Federal District Court.

Mr. Shelley also counsels and represents clients involved in international trade appeals and policy matters at the Office of the United States Trade Representative, the WTO and NAFTA.  He served as a panelist under the United States-Canada Free Trade Agreement and as an international trade negotiator as a Member of the United States Delegation in Geneva, Switzerland during the Tokyo Round of the GATT Multilateral Trade Negotiations.

Representative Matters

• Court of International Trade finds Byrd Amenment Unconstitutional in Bearings Cases (2006)
• Antidumping Order on Spherical Plain Bearings from France Revoked in Sunset Review (2006)
• Commerce Department Administrative Review Determination on Ball Bearings from France Reversed by CIT (2006)
• Antidumping orders on cylidrical roller bearings from France, Germany and Italy – Revoked in Sunset Review (2001)
• No injury decision (preliminary) polychloroprene from France and Germany
• Imposition of antidumping order on nitrile rubber from Japan
• No injury decision (preliminary) under new petition on ball bearings from 14 countries
• No injury decision (final) needle bearings, spherical roller bearings and slewing rings from France, Germany, Italy, Sweden and UK
• No injury decision (preliminary – 2d case) table wine from France and Germany
• No injury decision (preliminary – first case) table wine from France, Germany and Italy
• No injury decision bicycles (final) from Taiwan
• No injury decision in section 201 safeguard investigation of non-rubber footwear
• No injury decision and revocation of cvd orders on non-rubber footwear from Argentina, Brazil and Spain

Select News & Events

• Herbert Shelley Speaks at Eighth Annual Bench and Bar Conference, June 28, 2006
• Steptoe Hosts Section 337 Teleconference, February 23, 2006, (A Steptoe-sponsored event)
• Moderator, Panel on Framing and Litigating AD/CVD Issues Before The Court of International Trade – Georgetown Law School Trade and Customs Law Introduction/Refresher, February 1, 2006
• Speaker - Section 337 From the Complainant’s and Respondent’s Viewpoints - Asia Pacific Legal Institute Summer IP Training Program, July 7, 2005

Publications

• Candle Corporation of America – Judicial Economy vs. Chevron Deference – Federal Circuit Decisions Redux
  Eighth Annual Bench and Bar Conference
  June 29, 2006

Professional Affiliations

• American Bar Association, Sections of International Law and Intellectual Property
• President, Vanderbilt School of Law, International Law Society
• Assistant Articles Editor, Vanderbilt Journal of Transnational Law
• Advisory Board, Vanderbilt Journal of Transnational Law