Agricultural Trade Law and Policy

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

BakerHostetler’s Agricultural Trade and Policy Team works with clients to ensure compliance and minimize risks associated with international trade in agricultural and food products; influence legislative, regulatory and policy outcomes affecting agricultural trade; and secure market access on favorable terms and conditions.

Comprised of professionals from across the firm, our team has extensive experience with agricultural trade law, negotiations and policy development following years of service in various positions at the Office of the U.S. Trade Representative (USTR), including Deputy Assistant Trade Representative for Southeast Asia and the Pacific and Senior Director for Agricultural Affairs. Our attorneys are recognized for their experience in the field of agricultural trade and have been quoted in news articles and made numerous appearances at panel presentations and on podcasts concerning the U.S. Administration's trade policies. They are positioned to help companies and associations navigate the fast-changing and uncertain international trade system affecting agriculture and food products.

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

Compliance with U.S. Requirements

Advise clients, including agriculture trade-related companies, on the applicability of and compliance with numerous trade laws and regulations.
Counsel clients on complying with complex U.S. horticultural and animal health import regulations essential to the development and manufacture of their product lines in the U.S.
Represent a large airline food caterer in all of its USDA and FDA work.
Advised an agricultural trade association in the development of a legislative solution to address evasion of a U.S. tariff-rate quota (TRQ). The proposal was enacted as part of an agricultural appropriations package.
Provided animal health and food safety regulatory advice to a specialty pet food producer importing foreign meat for use in human-grade dog food, thereby ensuring the client’s conformity with complicated USDA APHIS import regulations.
Provided customs advice for managing access to recently opened TRQ access for meat imports.
Developed arguments concerning U.S. phytosanitary import requirements for avocados in connection with the award of arbitral damages.
Assisted a multinational food manufacturing company with food marketing compliance.
Managed the U.S. sugar import program pursuant to U.S., World Trade Organization (WTO) and Free Trade Agreement commitments.*
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.

Legal Challenges to U.S. 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 U.S. Agencies

Representing agricultural companies and other clients in ongoing trade investigations and proceedings (Section 232 of the Trade Expansion Act, Section 301 of the Trade Act, etc.).
Advising food products company and other clients in connection with CBP refunds of IEEPA duties.
Counseled major agricultural trade association on Section 301 investigation of Brazilian unfair trade practices, including preparation of written comments and in-person testimony.
Advised client on regulatory strategy for the introduction of foreign plant-based foods into the U.S. market.
Provided advice to 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.
Represented the Association for the Administration of Rice Quotas (AARQ) before the ITC in the Section 332 proceeding on global rice markets.
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.*

Trade Remedy Proceedings

Defend Canadian producer interests in softwood lumber trade disputes arising under the U.S.-Mexico-Canada Agreement and North American Free Trade Agreement. In addition to multiple rounds of litigation on softwood lumber, past trade remedies 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.*

Foreign Requirements

On behalf of AARQ, the U.S. export trading company managing U.S. access to the EU rice TRQ, led efforts with industry and U.S. Government to resolve the EU’s non-implementation of a TRQ deal with the U.S., which had caused a major market access shortfall for U.S. rice producers over a two-year period. 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

Advise major agricultural trade association on legislative and regulatory solutions to a variety of concerns about unfairly traded goods.
Extensive experience working with the White House, Congress, and U.S. stakeholders 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 catfish rule; and SPS barriers to U.S. meat, produce and commodity exports to Vietnam, the Philippines and other countries in Africa and Southeast Asia.*

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.

*Experience while in government.