Trade Remedies Litigation REGULATORY AND GOVERNMENT AFFAIRS

We develop both offensive and defensive legal and policy strategies to protect or advance our clients' international market position through the trade remedies laws of the United States, the EU, China and other jurisdictions, and we litigate (or support local counsel in litigating) trade remedy cases on behalf of petitioners and respondents. Our lawyers also have extensive experience in EU State Aid cases, which we describe here.

Antidumping Investigations

WilmerHale has represented domestic and foreign producers in more than 100 antidumping proceedings across the globe.

In the United States, our antidumping practice regularly includes high-stakes litigation before the US Commerce Department and the International Trade Commission. We also advise companies on programs to reduce the risk of antidumping liability through corporate planning and Commerce Department administrative reviews, and work with US Customs and Border Patrol to address circumvention and enforcement issues. In addition, we represent clients in appellate litigation before the US Court of International Trade, the US Court of Appeals for the Federal Circuit and NAFTA panels.

In Europe, we have extensive experience working with the European Commission, lobbying the Anti-Dumping Advisory Committee and appealing cases to the European Court of First Instance.

We have also represented clients in foreign antidumping proceedings arising under the laws of Argentina, Canada, Mexico, Uruguay, China, Indonesia, Korea, Australia, Malaysia, New Zealand, South Africa, Thailand and Venezuela, and in numerous GATT and WTO appeals. One of our lawyers, while in government, served as lead counsel in multiple US WTO challenges to foreign antidumping duties on US products.

We have:

  • Represented Chrysler in the antidumping case brought by China against imports of automobiles from the US.
  • Represented Smiths Detection in a successful antidumping case brought in the EU challenging Nuctech, its Chinese competitor; we are defending Smiths in the antidumping case subsequently brought by China.
  • Represented DuPont and other US chemical companies in numerous successful antidumping investigations, administrative reviews and sunset reviews, including related court appeals, covering imports of several different polymer products from a variety of countries.
  • Represented two of the largest Chinese producers in the biggest antidumping case against China to date. The two producers are the only two Chinese companies not subject to antidumping duties.
  • Represented the Japanese oil country tubular goods industry in securing revocation of a US antidumping order through a US International Trade Commission sunset review and federal court appeal.
  • Represented the Chinese ball bearing industry in successfully defending against a US antidumping petition at the US International Trade Commission and in a federal court appeal.
  • Represented numerous companies and associations, as well as the European Commission itself, in appeals before the European Court of Justice CFI concerning EU customs and antidumping rules.

Countervailing Duty Investigations and Government Subsidies

WilmerHale’s trade practice has established an international track record in countervailing duty investigations and government subsidy disputes. Both within and outside the practice, our lawyers have extensive experience in cases at the cutting edge of policy, law and economic analysis. Some of our lawyers also have extensive government experience dealing with subsidies issues.

We have:

  • Represented companies, trade associations and governments in numerous countervailing duty investigations in the US and the EU.
  • Represented companies in litigation before the US Court of International Trade, the US Court of Appeals for the Federal Circuit, and the European Court of First Justice involving appeals of countervailing duty determinations.
  • Advised clients in cutting-edge WTO subsidies disputes, including regarding EU and US support for large civil aircraft as well as the Brazil—Aircraft, Foreign Sales Corporation, EC—Sugar, and Brazil—Desiccated Coconut cases.
  • Represented companies seeking to address improper use of subsidies by other countries to bolster domestic industries.
  • Advised governments in structuring their programs to ensure consistency with international subsidy rules.

Safeguard Investigations

Safeguard investigations, such as US investigations under section 201 of the Trade Act of 1974 and the China-specific safeguards, arise when a domestic industry believes it is being injured by fairly traded imports. Safeguard cases entail complexities that other trade remedy investigations do not, given that the final decision to impose import restrictions rests with the President of the United States. These cases also often involve multiple products and countries.

Given these complexities, legal, policy and political tools are generally necessary to achieve a client’s objective–tools that our team has developed from their experience in private practice and government.

Our experience in and outside of government includes:

  • Serving as the USTR’s safeguards lawyer, including representing the United States in the WTO challenges to US safeguard measures on lamb meat and steel wire rod and as Third Party in the WTO challenge to Argentina’s safeguard measure on peaches.
  • Negotiating the special safeguard mechanism for China as well as the US implementing regulations.
  • Serving as the lead US government lawyer in the first petition to use the China special safeguard mechanism, as well as assisting in defending the President’s decision before the Court of International Trade.
  • Negotiating the safeguard provisions in various US bilateral free trade agreements and drafting the implementing legislation.

We develop both offensive and defensive legal and policy strategies to protect or advance our clients' international market position through the trade remedies laws of the United States, the EU, China and other jurisdictions, and we litigate (or support local counsel in litigating) trade remedy cases on behalf of petitioners and respondents. Our lawyers also have extensive experience in EU State Aid cases, which we describe here.

Antidumping Investigations

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Barshefsky, Charlene

Ambassador Charlene Barshefsky

Chair, International Trade, Investment and Market Access Practice Group

+1 202 663 6130 (t)

charlene.barshefsky@wilmerhale.com

Publications & News

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March 14, 2014

Chambers & Partners Recognizes WilmerHale in its 2014 Global Edition

Thirty-one WilmerHale lawyers have been named among the “World’s Leading Lawyers for Business” in the 2014 edition of Chambers Global. In addition to these individual accolades, 13 of the firm’s practice areas were also recognized.

November 15, 2013

Laying the Political Groundwork for Continued Economic Reform: The Chinese Communist Party Central Committee’s Third Plenum

On Tuesday, China’s Third Plenum—a major conclave of top Communist Party (“CCP”) officials—concluded with the publication of a Communiqué announcing general statements about policy priorities and specific structural changes to the CCP, designed in part to affirm and advance economic reforms with a target date of 2020.

October 16, 2012

Implementation of US Sanctions Against Iran Marks Significant Extraterritorial Expansion

In our August 13, 2012 alert, “Iran Threat Reduction and Syria Human Rights Act of 2012,” we highlighted a crucial provision of the latest Iran sanctions: Previously US firms were not liable with respect to Iran-related transactions of their foreign subsidiaries if no US person was involved in the transaction. But Section 218 of the new law provides that US persons (including US firms) will face penalties if foreign entities that they own or control knowingly engage in any transaction with the Government of Iran, or persons subject to its jurisdiction, that would be prohibited if engaged in by a US person or in the United States.

June 6, 2011

WilmerHale Ranked in Top Tier by The Legal 500 United States

August 12, 2010

90 WilmerHale Lawyers Named to The Best Lawyers in America® 2011

June 25, 2010

New UN, U.S. and EU Iran Sanctions Announced

June 11, 2010

Chambers USA 2010 Reveals Final Results Ranking 101 WilmerHale Lawyers and Dozens of Practices

April 16, 2010

Four WilmerHale Lawyers Named Rising Legal Stars by Law360

March 22, 2010

Chambers Global 2010 Recognizes 23 WilmerHale Lawyers and 10 Firm Practices

March 18, 2010

Chambers USA 2010 Honors WilmerHale, Ranking Over 100 Lawyers and Dozens of Practices