International Trade: Trade Remedies and Trade Policy

• Prevailed 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 (Saha Thai Steel Pipe Public Company Ltd. v. United States – antidumping; Jacobi Carbons AB v. United States – antidumping; Guizhou Tyre Co., Ltd. v. United States – antidumping and subsidies;) 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.
• Represented the United States in proceedings before WTO dispute settlement panels and the WTO Appellate Body.*
• Developed and implemented U.S. trade and investment policies with respect to Malaysia, the Philippines and Singapore on a variety of issues, and 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.*
• Provided extensive legal and policy advice on the trade-related aspects of proposed food safety, animal health and horticultural regulations as part of the Office of Management and Budget’s regulatory review process.*

*Experience in government