Agricultural Trade Law and Policy

BakerHostetler has established a record of accomplishment in representing clients’ interests in matters related to agricultural trade.

Trade Remedy Proceedings

• Defended Canadian interests in softwood lumber trade disputes arising under the U.S.-Mexico-Canada Agreement, North American Free Trade Agreement and U.S.-Canada Free Trade Agreement. In addition to multiple rounds of litigation on softwood lumber, cases have included agricultural products such as alfalfa, beer, apples, pork, swine and ultra-high temperature milk.
• Represented the USTR in interagency and private sector negotiations on suspension agreement in case of AD/CVD cases against Mexican sugar.*

Compliance with US Requirements

• Provided animal health and food safety regulatory advice to a specialty pet food producer importing foreign beef for use in human-grade dog food, thereby ensuring the client’s conformity with complicated USDA APHIS import regulations.
• For the same pet food client, provided customs advice for managing exposure to the Tariff Rate Quota (TRQ) on imports of foreign beef.
• Assisted an agricultural trade association in the development of a legislative solution to circumvent TRQ. The proposal was enacted as part of an agricultural appropriations package.
• Advised clients on meeting complex U.S. horticultural import regulations essential to the development of their product lines in the U.S.
• Developed arguments concerning U.S. phytosanitary import requirements for avocados in connection with the award of arbitral damages.
• On behalf of Canadian lumber producer associations OFIA and CIFQ, developed thorough legal, legislative and policy analyses on inconsistencies in Biden administration policies on climate change, forest sustainability and trade. This work included drafting and filing biannual submissions to the U.S. Commerce Department on softwood lumber subsidies.
• On behalf of Canadian lumber producer associations OFIA and CIFQ, developed thorough legal, legislative and policy analyses on inconsistencies in Biden administration policies on climate change, forest sustainability and trade. This work included drafting and filing biannual submissions to the U.S. Commerce Department on softwood lumber subsidies.
• Represent a large airline food caterer in all of its USDA and FDA work.
• Assisted a multinational food manufacturing company with food marketing compliance.
• Managed a U.S. sugar import program pursuant to U.S., World Trade Organization (WTO) and Federal Transit Administration commitments.*

Legal Challenges to US Measures

• Extensive experience in litigating challenges to the administrative and regulatory decisions of U.S. agencies, including before the U.S. Supreme Court.
• Defended U.S. farm programs and agricultural export subsidies in the WTO case United States – Upland Cotton, WT/DS267, leading to a negotiated settlement.*

Representation Before US Agencies

• Represent the Association for the Administration of Rice Quotas (AARQ) before the ITC in the ongoing Section 332 proceeding on global rice markets. As part of representation in this matter, coordinated with USA Rice, the industry’s main trade association, to ensure the consistency of market access positions in the Section 332 proceeding, and drafted and submitted written comments to the ITC concerning issues with EU rice TRQ access for U.S. producers and exporters.
• Advised a client on regulatory strategy for the introduction of foreign plant-based foods into the U.S. market.
• Advised a client on FDA compliance requirements for labeling and marketing dietary supplement products for mothers.
• Counseled a client on FDA compliance requirements for labeling and launching a new line of liquid dietary supplements.
• Reviewed, analyzed and commented on draft food safety, animal health and horticultural regulations to ensure consistency with U.S. trade obligations as part of the Office of Management and Budget’s interagency review process. This work included major involvement negotiating an interagency agreement on the trade provisions of a controversial USDA Siluriformes (catfish) rule.*

CFIUS and Investment Controls

• Regularly advise U.S. and foreign companies on CFIUS jurisdictional and filing analyses, including counseling whether filings are required, drafting CFIUS declarations and voluntary notices, and representing companies throughout the CFIUS process.
• Represent companies in mitigation negotiations with CFIUS and compliance with CFIUS mitigation agreements.
• Represent companies in CFIUS enforcement actions.
• Advise companies on investment filings with the Department of Commerce’s Bureau of Economic Analysis.

Foreign Requirements

• Led efforts to resolve the EU’s non-implementation of a rice TRQ deal with the U.S., which had caused a major market access shortfall for U.S. producers over a two-year period. Worked with USA Rice to press the USTR on finding a commercially viable resolution to the issue with the EU. Organized and led technical negotiations with staff from the European Commission Directorate-General for Agriculture and Rural Development regarding U.S. industry proposals for terms of adoption and implementation of the TRQ deal. As a result of these efforts, the EU implemented the TRQ agreement before the end of the 2023 quota year.
• Advise the AARQ on compliance with numerous EU and UK import requirements on an ongoing basis.
• Developed and implemented U.S. agricultural trade policies with respect to Malaysia, the Philippines, Singapore and other East and Southeast Asian countries on a variety of market access and Sanitary and Phytosanitary (SPS) issues.*
• Represented the U.S. in agricultural negotiations and bilateral engagement with numerous regions and countries, including Africa, Brazil, China, Hong Kong, Japan, Mexico, South Korea and Southeast Asia. Concluded bilateral agreements with Japan, Malaysia, the Philippines, Singapore, South Africa, Thailand and Vietnam, opening markets to hundreds of millions of dollars of additional U.S. meat and poultry exports.*

Government Affairs Representation Before Congress and the Executive Branch

• Extensive experience working with U.S. stakeholders and Congress on developing resolutions to a variety of agricultural trade issues, including Brazil’s challenge to U.S. farm programs; restrictive World Health Organization guidance on infant formula; U.S. beef policy in Japan, China, Taiwan and Southeast Asia; adoption of the USDA Siluriformes rule; and SPS barriers to U.S. meat, produce and commodity exports to Vietnam, the Philippines and other countries in Southeast Asia.*

*Experience while in government.