International Trade: Trade Remedies and Trade Policy

Overview

“When you go into trade disputes that are complicated and messy, having a team like BakerHostetler, that has the core understanding of your operations, gives you a sense of confidence.”

– Chambers USA 2020

BakerHostetler’s International Trade Remedies and Trade Policy team represents U.S. importers, foreign manufacturers, trade associations and foreign governments in legal proceedings regarding:

  • Tariffs on imported goods, including anti-dumping and countervailing (anti-subsidy) duties
  • Safeguards (Section 201 investigations)
  • National security tariffs (Section 232 investigations)
  • Tariffs for unfair trade practices (Section 301 investigations)
  • Customs enforcement proceedings

We represent clients in international trade disputes before the World Trade Organization (WTO); government agencies including the U.S. Department of Commerce, U.S. International Trade Commission and U.S. Customs and Border Protection (CBP); the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit; binational panels under the Canada-U.S.-Mexico Free Trade Agreement; and other fora.

Our International Trade Remedies and Trade Policy team is comprised of attorneys who are recognized as strategic, unconventional problem-solvers providing trade policy advice to CEOs and government ministers and counseling clients on strategies for mitigating the risk of trade remedy tariffs and other non-tariff barriers. Over the past 20 years, we have handled some of the highest-profile international law and international trade matters with respect to trade remedies, customs issues and other government regulations on international trade, and have won significant victories assuring the trade flow of our clients’ products.

We have defended agricultural imports for a full-course meal, including pork, beer, alfalfa and apples. We have defended a full range of forest policies and forest products, including lumber, wood moldings, newsprint and supercalendered paper. We have defended green energy products – wind towers and solar panels – and industrial products from a variety of countries, including pure and alloy magnesium from Canada, cement from Mexico, nitrocellulose from Japan, fuel ethanol from Brazil, drains and drill pipe from China, and mobile cranes from Austria, Germany, Japan and China.

The strength of our International Trade Remedies and Trade Policy team is enhanced by our extensive network of carefully chosen international independent law firms that share our strengths and quality standards and with which we have strong and long-standing relationships. We are adept at coordinating multijurisdictional teams, drawing on these international law firm relationships where necessary, to manage our clients’ needs around the world. We combine our lawyers’ experience with that of the most appropriate international law firm as needed, enabling us to provide our clients with advice from the best-equipped specialists with the most relevant experience in each jurisdiction, delivered in a collaborative way. BakerHostetler leads the U.S. portion of a legal consortium selected as legal services suppliers to advise the U.K. government on international trade disputes from 2021 to 2025.

Select Experience

  • Prevailing in trade remedy disputes before the agencies: Persuading the International Trade Commission to find no injury to a U.S. industry from unfairly traded imports (Uncoated Groundwood Paper from Canada); the Department of Commerce to exclude and the International Trade Commission to find no injury from a distinct like product (Cast Iron Soil Pipe Fittings from China); and the International Trade Commission to find substantial harm from surging European imports (Section 201 safeguards on Wheat Gluten).
  • Successfully appealed affirmative determinations from the Department of Commerce and the International Trade Commission to be overturned by U.S. courts (Downhole Pipe & Equip. v. United States – injury) or North American Free Trade Agreement (NAFTA) binational panels (Softwood Lumber from Canada (IV) – injury and subsidies).
  • Acted as primary advisers to the government of Canada in its WTO challenge to the U.S. practice of “zeroing” in anti-dumping proceedings. Success there provided the foundation for successful challenges against American zeroing by the European Union, Japan and a series of other countries – the single most important legal reversal of American anti-dumping practices in more than two decades.

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Experience

  • Prevailing in trade remedy disputes before the agencies: Persuading the International Trade Commission to find no injury to a U.S. industry from unfairly traded imports (Uncoated Groundwood Paper from Canada); the Department of Commerce to exclude and the International Trade Commission to find no injury from a distinct like product (Cast Iron Soil Pipe Fittings from China); and the International Trade Commission to find substantial harm from surging European imports (Section 201 safeguards on Wheat Gluten).
  • Successfully appealed affirmative determinations from the Department of Commerce and the International Trade Commission to be overturned by U.S. courts (Downhole Pipe & Equip. v. United States – injury) or North American Free Trade Agreement (NAFTA) binational panels (Softwood Lumber from Canada (IV) – injury and subsidies).
  • Acted as primary advisers to the government of Canada in its WTO challenge to the U.S. practice of “zeroing” in anti-dumping proceedings. Success there provided the foundation for successful challenges against American zeroing by the European Union, Japan and a series of other countries – the single most important legal reversal of American anti-dumping practices in more than two decades.

  • Persuaded the United States Court of International Trade that the Byrd Amendment, which allowed companies petitioning for trade remedies against foreign products to keep anti-dumping and countervailing duties collected by CBP, contravened NAFTA and could not apply to merchandise from Canada and Mexico. As a result of this signature legal victory, the United States Coalition for Fair Lumber Imports determined that the U.S. softwood lumber industry could not receive any money from litigation against Canadian imports, which led promptly to the 2006 Softwood Lumber Agreement between Canada and the United States.
  • Persuaded the president of the United States to impose a safeguard on imports of wheat gluten from Europe on behalf of Australian clients.

Recognition

  • Law360 Practice Group of the Year – International Trade 2018
  • Law 360 MVP – International Trade 2018
  • Chambers Global
    • International Trade (USA) (2015 to 2017)
    • International Trade: Customs (USA) (2017 to 2019)
    • International Trade: Export Controls & Economic Sanctions (USA) (2017 to 2020)
    • International Trade: Trade Remedies & Trade Policy (USA) (2017 to 2021)
  • Chambers USA
    • International Trade: (Nationwide) (2014 to 2016)
    • International Trade: Customs (Nationwide) (2017 to 2018, 2021)
    • International Trade: Export Controls & Economic Sanctions (Nationwide) (2017 to 2019)
    • International Trade: Trade Remedies & Trade Policy (Nationwide) (2017 to 2021)
  • The Legal 500 United States – Dispute Resolution: International Trade (2015 to 2020)
  • Latinvex Top International Law Firms in Latin America (2017 to 2021)
  • U.S. News – Best Lawyers “Best Law Firms” International Trade and Finance Law –Washington, D.C. (2016 to 2019)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Key Contacts