International Trade Remedies and Trade Policy

Overview

The BakerHostetler International Trade Remedies and Trade Policy team is known for its creativity and courage in testing new legal ideas on behalf of clients engaged in complex and unusual legal matters in forums around the world. Our attorneys offer an awareness of, and sensitivity to, client needs and have decades of experience counseling both governments and private companies on how best to protect and advance their interests in the full range of trade remedies and other disputes under U.S. and international law. Clients count on us as both legal counselors and strategic advisers when confronting exceptionally challenging problems that are critical to their business or policy interests, and clients often retain us for atypical matters for which our inventiveness and resourcefulness are paramount.

In the past two decades, we have handled some of the most important and highest profile international law and international trade matters, achieving path-breaking results. For example, our legal victory in the United States Court of International Trade led to the landmark 2006 Softwood Lumber Agreement between Canada and the United States, and we achieved the single most important legal reversal of American antidumping practices in more than two decades while advising the Government of Canada in its World Trade Organization (WTO) challenge to the U.S. practice of “zeroing.”

We are recognized regularly by numerous rating groups, such as Chambers and Partners and Martindale Hubbell, as among top international lawyers in the world for quality of work, esteem of peers, and honesty and integrity of the practice. On National Public Radio’s “This American Life,” radio host Ira Glass referred to one of our attorneys as a go-to lawyer for large clients in international matters.

Select Experience

  • Prevailed in a number of trade remedy disputes at the agency level, persuading the Department of Commerce to find no subsidies, the International Trade Commission to find no injury to a U.S. industry from unfairly traded imports, and the International Trade Commission to find substantial harm from surging European imports.
  • Persuaded the President of the United States to impose a safeguard on imports of wheat gluten from Europe on behalf of Australian clients.
  • Advised the International Boundary Commission on a dispute with the United States as its first and only American outside counsel in the 100-year history of the organization. We drafted legislation passed by Congress to create an Inspector General for the Export-Import Bank and are litigating constitutional and Administrative Procedure Act claims on behalf of a Canadian client against the United States Department of Agriculture.
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Experience

  • Prevailed in a number of trade remedy disputes at the agency level, persuading the Department of Commerce to find no subsidies, the International Trade Commission to find no injury to a U.S. industry from unfairly traded imports, and the International Trade Commission to find substantial harm from surging European imports.
  • Persuaded the President of the United States to impose a safeguard on imports of wheat gluten from Europe on behalf of Australian clients.
  • Advised the International Boundary Commission on a dispute with the United States as its first and only American outside counsel in the 100-year history of the organization. We drafted legislation passed by Congress to create an Inspector General for the Export-Import Bank and are litigating constitutional and Administrative Procedure Act claims on behalf of a Canadian client against the United States Department of Agriculture.
  • Persuaded the United States Court of International Trade that the “Byrd Amendment,” which allowed companies petitioning for trade remedies against foreign products to keep antidumping and countervailing duties collected by United States Customs, contravened the North American Free Trade Agreement (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.
  • Acted as primary advisers to the Government of Canada in its WTO challenge to the U.S. practice of “zeroing” in antidumping 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 antidumping practices in more than two decades.
  • Established that our client, Gouvernement du Québec, was the only Province in Canada found not to be providing any subsidies to the production or export of softwood lumber. We later won a decision from a binational panel of NAFTA that the Ontario industry was not subsidized and should be excluded from the countervailing duty order imposed by the Department of Commerce. Our commercial client, Tembec, led the case against the United States that ultimately prevailed before an Extraordinary Challenge Committee of NAFTA and the United States Court of International Trade on behalf of all Canadian interests, finding that no industry in the United States was injured by reason of imports from Canada. The softwood lumber dispute between Canada and the United States has been the single largest international trade dispute of all time, involving more than $5.5 billion in withheld countervailing duty and antidumping deposits in the most recent litigation.

Recognition

  • Chambers Global: International Trade (USA) (2015 to 2017)
  • Chambers USA: Nationwide International Trade (2014 to 2016)
    • Nationwide: International Trade: Trade Remedies & Trade Policy (2017)
  • The Legal 500 United States: Dispute Resolution: International trade (2015, 2016)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)