Disputes Involving Trade Remedies

We have deep experience in disputes regarding trade remedies. Indeed, our senior attorneys have never lost a WTO challenge involving trade remedies. Our WTO practice works closely with our Trade Remedies practice to provide full service to clients during the investigation and review stages of a trade remedy proceeding, as well as in related U.S. court and WTO appeals. Notable dispute settlement proceedings involving trade remedy matters in which we have been involved include:

• U.S.–Definitive Safeguard Measures on Imports of Certain Steel Products (DS248/249/251-54/258/259/274). Our attorneys were at the center of the largest and most procedurally complex case to date, representing Japan and Korea in the consolidated WTO challenge to the U.S. safeguard measures on steel, which resulted in withdrawal of the measures.
• U.S.–Continued Dumping and Subsidy Offset Act of 2000 (DS217/234). We represented Korea and Japan in the successful challenge to the U.S. “Byrd Amendment.” Similar to the 1916 Act dispute, which we litigated on behalf of Japan, this proceeding defined the actions that a member may take against dumping.
• Chile–Price Band System and Safeguard Measures Affecting Agricultural Products (DS207). We represented the Argentine Chamber of Oil Seed Manufacturers and Argentina’s government before the panel and the Appellate Body, which found that Chile’s price-band mechanism and safeguard measures violated provisions of the Agriculture Agreement, the Safeguards Agreement and the GATT.
• U.S.–Anti-Dumping Measures on Certain Hot-Rolled Steel Products (DS184). In this ground-breaking dispute, Japan successfully challenged a number of aspects of the U.S. antidumping regime. We represented Japan’s Ministry of Foreign Affairs, providing strategic and legal advice, as well as training, during all phases of the dispute.
• U.S.–Anti-Dumping Act of 1916 (DS162). We represented Japan during all phases of the panel and Appellate Body proceedings in its successful challenge to the U.S. Anti-Dumping Act of 1916, providing strategic advice and drafting all of Japan’s submissions to the panel and the Appellate Body, including legal briefs, oral statements and responses to questions. The Appellate Body affirmed the panel’s findings, handing Japan a substantial victory.
• Thailand–Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and H-Beams from Poland (DS122). We represented the government of Poland before the Appellate Body in its challenge to Thailand’s antidumping duty on H-beams, having been hired just one week prior to the hearing to present Poland’s case after it replaced the firm it previously had employed. (Thailand claimed the previous firm had breached rules of confidentiality.) We successfully defended the panel decision in Poland’s favor.
• U.S.–Anti-Dumping Duty on DRAMs from Korea (DS99). In Korea’s challenge to the U.S. failure to revoke an antidumping duty order on DRAMs from Korea, we developed the legal strategy and tactics for the consultations and the dispute. We drafted all submissions and argued Korea’s case before the panel and the compliance panel proceedings under DSU Article 21.5. The panel found that the U.S. regulation governing the revocation of antidumping orders violated U.S. WTO obligations, as did the U.S. revocation determination in the underlying antidumping proceeding. We then assisted Korea with implementation, and convinced the United States to withdraw the order.

Other Disputes

Other significant WTO disputes in which we have advised WTO member governments, sub-central governments and/or private-sector stakeholders are listed below. They include some of the most important WTO disputes to date, including groundbreaking cases under the TBT Agreement, the Agreement on Trade in Services and the Agreement on Subsidies and Countervailing Measures.

• Mexico–Definitive Countervailing Measures on Olive Oil from the European Communities (DS341)
• U.S.–Subsidies on Upland Cotton (DS267)
• Canada–Export Credits and Loan Guarantees for Regional Aircraft (DS222)
• EC–Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (DS219)
• Chile–Price Band System and Safeguard Measures Affecting Agricultural Products (DS207)
• U.S.–Definitive Safeguard Measures on Imports of Circular Welded Carbon-Quality Line Pipe from Korea (DS202)
• India–Measures Affecting the Automotive Sector (DS146)
• EC–Anti-Dumping Duties on Imports of Cotton-Type Bed Linens (DS141)
• Canada–Certain Measures Affecting the Automobile Industry (DS139)
• EC–Measures Affecting Asbestos and Products Containing Asbestos (DS135)
• Canada–Measures Affecting the Importation of Milk and the Exportation of Dairy Products (DS103)
• U.S.–Measure Affecting Government Procurement (DS95)
• Indonesia–Measures Affecting the Automotive Industry (DS54/55/59/64)
• Brazil–Export Financing Programme for Aircraft (DS46)
• EC–Regime for the Importation, Sale and Distribution of Bananas (DS27)