Antidumping and Countervailing Duties, Safeguards and Other Import Restrictions
Hughes Hubbard is uniquely situated to help clients navigate the complex regulatory rules affecting their global business operations. Our team has defended governments, exporters, manufacturers and importers against antidumping and countervailing duty actions and advised domestic industries (U.S. and non-U.S.) on how to prepare and bring such actions.
The team has served as counsel in more than 100 antidumping, countervailing duty (AD/CVD) and safeguards proceedings, including many of the largest such disputes filed in the United States. We have also assisted clients in Sections 232, 301 and 337 cases. We regularly represent clients before administrative agencies, courts, bi-national panels (NAFTA) and the World Trade Organization (WTO). Our lawyers have been lead counsel in high-profile U.S. trade investigations for clients in the United States, Canada, Japan, Mexico, Thailand, the European Union, Indonesia, South Africa, India, South Korea, Brazil and Vietnam, as well as in trade investigations by other countries.
World Trade Organization Advice and Dispute Settlement
Our team advises and represents clients concerning WTO dispute settlement proceedings at both the panel and appellate body levels. Our former U.S. and Canadian government lawyers have represented the United States and Canada in WTO disputes; other lawyers in our group have advised various public and private sector clients in their disputes both against the United States and other governments. This work has involved the full range of WTO agreements, including those governing intellectual property, standards, investments, technical barriers to trade, rules of origin, anti-dumping and countervailing duties, safeguards and customs agreements.
Trade Agreements Negotiation and Market Access
We help our clients understand their rights and obligations under a variety of bilateral and multilateral trade agreements. We have advised clients in multiple completed and pending international trade agreements, including:
Working strategically with our clients, we have leveraged congressional support and convinced the executive branch to enforce U.S. treaty rights to protect our clients’ U.S. exports of goods and services. The team has also advised U.S. companies on possible WTO and bilateral investment treaty (BIT) remedies for third-country market access barriers and other unfair trade practices of foreign competitors.
Our team also has assisted clients to maintain or gain access to restrictive foreign markets, in matters involving intellectual property, standards, customs barriers, discriminatory regulations and corruption.
International Government Procurement and Defense Contracts
The U.S. Buy American Act and other similar legislation, together with implementing federal procurement regulations, restrict access of non-U.S. origin goods and services to many federal procurement opportunities. State level domestic procurement preferences can have similar effects. Our trade lawyers advise clients on the intersection of these federal and state level procurement rules and the disciplines on such restrictions under the WTO Agreement on Government Procurement and various U.S. free trade agreements, and the opportunities offered by these international agreements for non-U.S. suppliers.
For more information about the Trade Remedies & Trade Agreements team, please contact:
Joanne E. Osendarp
Joanne E. Osendarp
Matthew R. Nicely
Eric S. Parnes
Dean A. Pinkert
William R. Stein
Lynn G. Kamarck
Alan G. Kashdan
Thomas H. Lee
Julia K. Eppard