International Trade Remedies

No company operating in today's global economy can afford to ignore the laws regulating international trade. Whether expanding foreign markets or protecting domestic interests, businesses must decipher and comply with an expanding array of complex, interrelated regulations that can have a profound impact on their prospects.

For over 30 years, Miller & Chevalier has been helping clients open markets for their products and obtain relief from anti-competitive practices. Our International Trade Remedies team works with clients to maximize the opportunities and minimize the risks of international trade regulations. We have handled hundreds of trade remedy proceedings -- antidumping and countervailing duty, safeguard, and other import relief issues -- in the United States and overseas, including many of the largest and most significant actions to date.

Unique Blend of Experience

Miller & Chevalier's International Trade practice is consistently ranked in recognized publications, including Chambers USA, Chambers Global and U.S. News – Best Lawyers® “Best Law Firms”:  Our team members have been at the center of high profile cases involving the biggest issues in trade remedy law and have repeatedly won major victories for our clients in those cases.

We bring a rigorous and multidisciplinary approach to trade remedy matters. We immerse ourselves in the facts and serve as trusted advisors on both factual and legal issues to government decision makers. Clients rely on us to perform a range of services, including advance planning related to pursuing or defending against trade remedy actions in both the U.S. and overseas and all-out mobilization of our substantial resources to obtain or defeat import relief in disputed cases. We also help to shape the political and policy landscape in which close cases and difficult or novel issues are resolved. Our trade policy practice, for example, provides legal and policy advice, negotiation, foreign and domestic government affairs advocacy, and litigation strategies and representation. Our unique blend of experience and knowledge offers our clients a distinct advantage in navigating global markets.

Track Record of Success

Miller & Chevalier's International Trade Remedies practice has been successful in hundreds of trade remedy/antidumping (AD) and countervailing duty (CVD)/safeguard actions, as well as other import relief proceedings, in the United States and overseas. Our case experience spans numerous sectors, including agriculture, chemicals, forest goods, information technology, metals, aerospace, textiles, and apparel products. We have successfully defended our clients' interests at every stage of the trade remedy process, from handling agency proceedings to challenging and defending agency determinations in U.S. federal courts and international dispute settlement proceedings (WTO).

Members of our group have compiled extensive records of success both in government and as private sector advocates. The group includes former senior level officials from the U.S. government agencies involved in trade remedy proceedings -- the Department of Commerce and Customs and Border Protection -- as well as former top Congressional trade staff.

Special Competencies

Beyond the basics of litigating U.S. agency-level trade remedy proceedings, the group has deep experience and widely-renowned capabilities with respect to:

Appeals: We have substantial experience challenging and helping to defend U.S. agency determinations, both in U.S. federal courts and in the special “NAFTA Chapter 19” system, where appeals involving Canadian and Mexican goods are litigated. We have been involved in more than 50 United States Court of International Trade appeals and more than a dozen appeals to the United States Court of Appeals for the Federal Circuit. In the Chapter 19 context, we have appeared before many bi-national panels and have served as counsel in four ECC reviews.

Policy Work and Economic Analysis Related to AD/CVD/Safeguard Measures: Members of our group do significant policy and advocacy work on behalf of clients regarding the design and operation of the U.S. trade remedy regime, the continuing evolution of the U.S. statutory and international (WTO) rules governing that regime, and the public policy debates surrounding the use of trade remedy measures. This work includes regular participation in agency-level policy reviews, advocacy in Congress regarding trade remedy reform proposals, close collaboration with negotiators working on proposed reforms of the applicable WTO rules, and economic analysis of trade remedy measures. Our team also includes several adjunct law professors.

Foreign Trade Remedy Proceedings: Our lawyers have advised clients affected by trade remedy proceedings in Asia, Europe, Latin America, and Canada. In many cases, Miller & Chevalier partners with experienced local practitioners -- the firm has a close working relationship with leading law firms in all major trading countries, contributing broad strategic guidance and knowledge on the WTO rules applicable to trade remedy measures.

Representative Engagements|View All

Antidumping

  • Softwood Lumber from Canada (2001-2006): Represented largest producer of softwood lumber in the world in the largest antidumping case to date. Our client’s most recent antidumping import duty margin was only 2.2%. The case has now settled.
     
  • Urea from Russia (2008): Obtained 0% dumping margin for exporter client, including successful opposition to petitioner effort to reintroduce non-market economy methodologies.
     
  • Woden Bedroom Furniture from China (2008): Assisted exporter client in receiving by far the lowest antidumping import duty margin of any major respondent in any of the annual reviews to date. We were successful in getting the Department of Commerce to switch the surrogate country for determining non-market economy dumping in a China case from India to the Philippines, which dramatically lowered the dumping margin and is an effort that many others had tried and failed in the past.

Countervailing Duty (Subsidy)

  • Softwood Lumber from Canada (1990-1995): Represented the Government of British Columbia in the CVD case. Successfully defended appeals before a NAFTA bi-national panel and ECC.
     
  • Movie Films from Canada (2002, 2008): Represented the Government of Canada and the Canadian industry to entirely defeat a 2002 CVD case. When the U.S. industry re-filed the case seeking to use a different statutory provision against the same subsidies, our original arguments again prevailed against them.
     
  • Circular Welded Austenitic Stainless Pressure Pipe from China (2008): Obtained a 1.1% CVD rate in the final investigation decision, far below the 299% for non-cooperative respondents. CVD cases against China are a significant new focus area in trade remedy law.
Government Experience
  • Attorney - Consultant, United States Department of State, Public Diplomacy Office
  • Chief Economist, Office of Policy, Import Administration, U.S. Department of Commerce
  • Assistant U.S. Trade Representative for Congressional Affairs, Executive Office of the President
  • Senior Appeals Officer, Office of Management and Budget (OMB)/United States Department of Commerce, Census Address List Appeals Office (CALAO)
Corporate Experience
Rankings and Recognition
  • Chambers Global: International Trade (United States), 2005 - 2015
  • Chambers USA: International Trade (National), 2005 - 2014
  • Latinvex: Latin America's Top 10 FCPA & Fraud Firm, 2015
  • Legal 500: Dispute Resolution: International Trade (US), 2011, 2013 - 2016
  • U.S. News -- Best Lawyers® "Best Law Firms":  International Trade and Finance Law (National), 2011 - 2016
  • U.S. News -- Best Lawyers® "Best Law Firms":  International Trade and Finance Law (District of Columbia), 2011 - 2016
Clerkships