Overview

Michelle is a partner in the International Trade practice group. She focuses her practice on assisting clients in a wide range of industries with trade remedy proceedings.

Michelle’s experience includes drafting and filing petitions, comments, case briefs and rebuttal briefs and presenting oral arguments to the U.S. Department of Commerce, the U.S. International Trade Commission, the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. Michelle also advises clients on Section 337 investigations and Harmonized Tariff Schedule (HTS) issues before the U.S. International Trade Commission. She also assists clients on anti-counterfeiting enforcement, Enforcement and Protection Act proceedings (EAPA) and FDA-related import issues before the U.S. Customs and Border Protection agency.

Michelle has extensive experience counseling and representing clients from the e-cigarette industry on a wide variety of issues, including HTS classifications, import alerts, customs seizures, FDA import operations, FDA and state regulatory compliance and enforcement issues, contractual and transactional matters and intellectual property issues.

Prior to entering private practice, Michelle served as a judicial intern to the Honorable Robert L. Wilkins of the U.S. District Court for the District of Columbia and as a judicial intern to the Clerk of the Court of the U.S. District Court for the District of Kansas.

Michelle is fluent in Mandarin Chinese and Cantonese.

Experience
  • Represented U.S. producers of glycine, softwood lumber, shrimp and steel nails in antidumping and countervailing duty cases. Successfully assisted the domestic industry in the countervailing and antidumping duty investigations into softwood lumber imports from Canada, one of the largest and most complex investigations handled by the U.S., Department of Commerce and the U.S. International Trade Commission and which covered over $5 billion in imports.
  • Handled antidumping and countervailing duty cases for foreign producers of steel pipes, calcium hypochlorite and plastic bags.
  • Representing importers and distributors in Section 337 patent infringement investigations before the International Trade Commission brought by a major ENDS device manufacturer.
  • Representing importers in Section 301 tariff litigations before the U.S. Court of International Trade.
  • Successfully represented a client in anti-evasion EAPA investigations.
  • Representing importers in filing petition for relief for seizures before the U.S. Customs and Border Protection.
  • Representing importers in requesting new Harmonized Tariff Schedule of the United States (HTSUS) classification before the Committee for Statistical Annotation of the Tariff Schedules (the 484(f) Committee) chaired by the U.S. International Trade Commission, which also includes representatives of U.S. Customs and Border Protection and the U.S. Census Bureau.
  • Handled Sections 232 and 301 tariff exclusions for steel and e-cigarette industries.
  • Securing, on federal preemption grounds, dismissal of claims alleging that the marketing of a client’s vapor products violated the D.C. Consumer Protection Procedures Act because the products were not the subject of an FDA marketing order issued as a result of a premarket tobacco application (PMTA). Yimam v. Mylé Vape, Inc., Case No. 2019 CA 008050 B, 2020 D.C. Super. LEXIS 7 (D.C. Sup. Ct. June 11, 2020).
  • Counseling foreign and domestic ENDS device and e-liquid manufacturers, wholesalers, distributors and retailers on regulatory compliance issues.
  • Counseling manufacturers on the preparation of premarket tobacco applications (PMTAs) and on marketing and distribution issues, including marketing plans, post-market surveillance plans and distribution agreements.
PublicationsDistinctions
  • Named to Lawyers of Color Hot List 2020
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