Miller & Chevalier Chartered is an international law firm based in Washington, D.C.  Our International Practice  extends to all aspects of International Trade, including matters regarding the World Trade Organization (WTO).  The members of our WTO Practice have unsurpassed experience in all aspects of negotiations and dispute settlement proceedings regarding the General Agreement on Tariffs and Trade (GATT) and all of the WTO agreements.  We frequently represent governments and industries, presenting positions in dispute settlement proceedings or negotiations as accredited members of government delegations.  We have been the WTO counsel of choice for many Members of the WTO, including Argentina, Brazil, Canada, Indonesia, Japan, Korea, New Zealand, Poland, St. Lucia (Caribbean ACP States) and Saudi Arabia.

Our dispute settlement experience is unsurpassed.  The members of the WTO Practice have participated in over 50 WTO disputes and roughly 60 GATT proceedings.  Our lead WTO lawyers, Chris Parlin and  David Christy, were the first private lawyers to present a WTO Member’s case to a Panel and the Appellate Body, serving as part of the Member’s official delegation.  As the  case list  at the end of this document demonstrates, we have litigated many of the most important WTO disputes, including cases conducted in each of the official WTO languages (English, French and Spanish). 

The range of WTO-related support Miller & Chevalier can provide during the consultative, Panel, Appellate Body and implementation stages of a dispute is unlimited.  We provide various levels of assistance up to and including full representation on all aspects of entire proceedings.  We frequently prepare strategies and submissions, and conduct oral arguments on behalf of client governments before Panels and the Appellate Body; we then assist with implementation and any necessary arbitrations.  We generally work as part of a team established by the client government, tailoring each representation to the specific matter and any related budget constraints.

Miller & Chevalier also advises companies, industry coalitions and governments on WTO negotiations  and on rights and obligations under the various WTO agreements. We advise governments and companies on the Doha Development Agenda round of negotiations, and we advised Saudi Arabia, China and Taiwan during their WTO accessions.  We counsel clients on diverse issues ranging from the enforcement obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) to the impact on food-purity and labeling initiatives of the Agreement on Sanitary and Phytosanitary Standards (SPS Agreement) and the Agreement on Technical Barriers to Trade (TBT Agreement).  In addition, we provide targeted training services to government and industry officials.  The specific services offered by Miller & Chevalier’s WTO Practice are discussed in greater detail below.

WTO LAWYERS AND PROFESSIONALS

Miller & Chevalier’s WTO Practice  comprises over 20 lawyers and professionals. The senior members of the WTO Practice  are described below.  They draw on the talents of other firm lawyers and trade experts to ensure that we serve each client as efficiently as possible.

C. Christopher Parlin  spent 18 years in the U.S. Government, serving in a variety of senior positions, including Deputy Assistant USTR for Multilateral Trade Negotiations and principal advisor to USTR Ambassador Kantor on the Uruguay Round WTO/GATT negotiations and the U.S. implementing legislation.  For six years, Mr. Parlin was the Legal Advisor to the U.S. Mission in Geneva.  As Legal Advisor, he litigated over 60 dispute settlement proceedings on behalf of the United States and served as the primary U.S. negotiator for the Dispute Settlement Understanding and the Agreement on Subsidies and Countervailing Measures; also, he was a key U.S. negotiator for the Anti-Dumping Agreement and the WTO Agreement.  Mr. Parlin is an Adjunct Professor of Law at the Georgetown University Law Center where he teaches courses on the WTO, and is a founding member of the faculty of the prestigious Academy of WTO Law and Policy of GULC’s Institute for International Economic Law.

David S. Christy, Jr. practices in the area of WTO dispute settlement and negotiations.  He has been accredited as an official member of a number of Member government delegations to the WTO, including Brazil, Indonesia, Japan, Korea, Poland, St. Lucia and Saudi Arabia.  He also has represented Argentina and Canada in WTO dispute settlement proceedings.  He has negotiated to end disputes and has argued all stages of dispute settlement cases on behalf of Member countries before WTO Panels, the Appellate Body and arbitral tribunals.  Together with Mr. Parlin, he was the first private counsel to prepare and argue a Member’s case before a WTO panel and the WTO Appellate Body.  With regard to WTO negotiations, he advises clients regarding the Doha Development Agenda and related matters.  Also, with Chris Parlin, he was lead counsel to Saudi Arabia during the Kingdom’s accession to the WTO.  Mr. Christy is an Adjunct Professor of Law at the Georgetown University Law Center where he teaches courses on the WTO, and is a founding member of the faculty of the prestigious Academy of WTO Law and Policy of GULC’s Institute for International Economic Law.

Jon Huenemann’s experience with the GATT/WTO began in the early 1980s when he was advising U.S. Senator Bill Bradley on the Finance Committee who was a participant in what was called the “GATT Wiseman’s Group” focused on the functioning of the multilateral trading system.  Subsequently during his nearly 16 years at USTR, he was Special Assistant to USTR Clayton Yeutter in the preparation for the Mid-Term Review of the Uruguay Round in the late 1980s.  It includes inter-agency policy coordination developing U.S. positions on a range of WTO issues, such as TRIPs, market access in goods and services, agriculture, trade-related investment measures and the related bilateral and regional policy coordination issues.  In his role at USTR as a lead negotiator, he was involved in numerous matters, many of which ended up in the WTO dispute resolution process.  In these cases, he advised USTR’s WTO litigators on country and regional perspectives and tactics.  Furthermore, Mr. Huenemann has negotiated numerous bilateral agreements pertaining to WTO obligations and or codes, including bilateral subsidies understandings, export tax matters, IP agreements, services market access, TBT and standards, SPS, TRIMs , TRQ disciplines, customs and licensing matters and other relevant WTO and free trade agreement disciplines and precedents.  He has remained involved in WTO disputes, negotiations and policy issues throughout his career in private practice. 

John Magnus  is a prominent trade litigator and trade policy practitioner with seventeen years of experience.  He has been involved in some of the largest and most-important WTO disputes to date.  He has testified before Congress on trade matters and has served on numerous policy advisory entities.  His core areas of expertise include the WTO, TRIPs, market access disputes involving goods and services, subsidies and other trade remedies, government trade regimes and industrial policy measures and customs and compliance issues.

Miller & Chevalier’s WTO Practice  includes other senior members of the firm experienced in WTO disputes and negotiations.  In addition to litigating WTO proceedings on behalf of Member governments and providing WTO advice to governments, industries, multinational corporations and non-governmental organizations (NGOs), members of our WTO Practice Group serve as Adjunct Professors of Law, teaching courses on the WTO, and frequently speak and publish on WTO issues.

WTO PROCEEDINGS LITIGATED BY MEMBERS OF THE WTO PRACTICE  

Members of our WTO Practice  have litigated over 50 WTO and roughly 60 GATT dispute settlement proceedings, and have deep experience with all of the various stages, from consultation, to Panel and Appellate Body proceedings, to Article 21.3, Article 21.5, Article 22.2 and Article 22.6 arbitrations and appeals thereof.  Among the proceedings our attorneys and professionals have litigated on behalf of WTO Members are many of the largest and most important to date, including:

• U.S. - Definitive Safeguard Measures on Imports of Certain Steel Products (DS248, 249, 251-54, 258, 259, 274): Two separate teams of Miller & Chevalier lawyers represented the Republic of Korea and the Government of Japan in their consolidated challenges to the U.S. safeguard measures against nearly all steel imports.  This proceeding represented the largest and procedurally most complex WTO dispute settlement at the time.
• U.S. - Continued Dumping and Subsidy Offset Act of 2000 (DS217, 234): Miller & Chevalier lawyers represented the Republic of Korea in its successful challenge to the U.S. “Byrd Amendment.”  Similar to the 1916 Act dispute, which we litigated on behalf of Japan, this proceeding has helped to define the scope of actions that a Member is permitted to take against dumping.
• Chile - Price Band System and Safeguard Measures Affecting Agricultural Products (DS207): Miller & Chevalier lawyers successfully represented the Argentina Chamber of Oil Seed Manufacturers (CIARA) and the Argentine Republic before the Panel and the Appellate Body.  In this dispute, the Panel found Chile’s price-band mechanism and safeguard measure to violate provisions of the Agriculture Agreement, the Safeguards Agreement and GATT 1994.  The Appellate Body affirmed the primary findings of the Panel, with slight modifications.
• U.S. - Anti-Dumping Measures on Certain Hot-Rolled Steel Products (DS184): In this crucial dispute, the Government of Japan successfully challenged a number of aspects of the U.S. anti-dumping regime.  We provided Japan with strategic advice during all phases of the dispute and helped Japan draft its written submissions and the texts of its oral statements to the Panel and the Appellate Body.  We currently are assisting with implementation.
• U.S. - Anti-Dumping Act of 1916 (DS162): We represented the Government of Japan during all phases of the Panel and Appellate Body proceedings in their successful challenge to the U.S. Anti-Dumping Act of 1916.  We provided strategic advice and drafted all of Japan’s submissions to the Panel and Appellate Body, including legal briefs, oral statements and responses to questions.  The Appellate Body affirmed the Panel’s findings, handing Japan a substantial victory against the United States. 
• U.S. - Section 110(5) of the U.S. Copyright Act (DS160): In the first dispute addressing the scope of a copyright exception under the TRIPs Agreement, a member of the WTO Practice Group then litigating WTO cases at USTR established the “Minor Exceptions” Doctrine in Article 13 of the TRIPS Agreement and successfully defended the U.S. “Homestyle Exemption” against the EC’s challenge.  This is one of the few TRIPs cases brought to date; it was the first case in which the United States participated directly in Article 21.3 and Article 22 proceedings.
• 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 in Poland’s challenge to a Thai anti-dumping duty on H-beams.  We were hired one week prior to the Appellate Body hearing to present Poland’s case to the Appellate Body after Poland replaced the firm it previously had employed (Thailand had 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 the Republic of Korea’s challenge to the U.S. failure to revoke an anti-dumping duty order on DRAMs from Korea, we worked with a team of Korean government and industry officials to develop the legal strategy and tactics for the consultations and the dispute.  On 29 January 1999, the Panel circulated its Report, finding that the U.S. regulation governing the revocation of anti-dumping orders violated U.S. WTO obligations, as did the U.S. revocation determination in the underlying anti-dumping proceeding.  We then assisted Korea with implementation issues, including its challenge to U.S. implementation under Article 21.5 of the DSU, which culminated in the U.S. withdrawal of the duty.

In a number of additional Panel, Appellate Body and arbitration proceedings, Miller & Chevalier lawyers and professionals have represented Members appearing as Third Parties and Members defending or challenging implementation, retaliation or countermeasures under Articles 21.3, 21.5, 22.2 and 22.6 of the DSU and Article 4.10 of the Subsidies Agreement.  In many other disputes, WTO Members have asked us to provide services such as proposing strategies and arguments and commenting on draft submissions. 

WTO NEGOTIATIONS, INCLUDING ACCESSION NEGOTIATIONS

Miller & Chevalier has unmatched expertise in WTO negotiations, including accession negotiations.  Lawyers and professionals in our WTO Practice have been directly involved in negotiating agreements under the WTO on behalf of WTO Member governments, governments seeking membership and industries and companies.  The group’s expertise has been developed through decades of experience in government service and private practice.  Our representations extend beyond advising from “outside of the room” - we frequently have attended negotiations as experts accredited as part of a negotiating team.

Our experience extends to all major WTO negotiations over the past twenty-five years, including:

• All negotiations taking place under the WTO Doha Development Agenda;
• The accessions to the WTO of Saudi Arabia, China and Taiwan;
• Modifications to the Government Procurement Agreement;
• The Information Technology Agreement within the WTO; and
• The Uruguay Round negotiations that created the WTO and its dispute settlement mechanism.

With regard to accession negotiations, Miller & Chevalier lawyers and professionals have unmatched experience in guiding governments through the enormously complicated and exacting process of negotiating entry into the WTO.  Members of the practice represented the Saudi Ministry of Commerce and Industry in all aspects of the bilateral and multilateral negotiations and processes that led to Saudi Arabia’s accession to the WTO.  They helped Saudi Arabia restructure its trade-related legal regimes and participated directly in nearly every change of law that allowed Saudi Arabia to become the 149th Member of the WTO in December 2005.  Throughout the process, they worked closely with senior and staff officials of the WTO Secretariat and of the U.S. government, the European Commission and other WTO Member delegations.  In addition, we advised China and Taiwan during their accessions to the WTO.   Members of the group have also worked extensively with private-sector stakeholders interested in the detailed commitments obtained from countries seeking accession, particularly in the case of China.

OTHER WTO SERVICES PROVIDED BY MILLER & CHEVALIER

In addition to our WTO dispute settlement and negotiations practice, we advise Member governments and their industries on the full range of general WTO policy matters (e.g., implementations and notifications).  We also advise trade associations, industries, multinational corporations and non-governmental organizations (NGOs) on a wide range of other WTO issues.  For example, we provide ongoing monitoring and strategic advice to industry associations and advise NGOs regarding the WTO implications of eco-labeling and other conservation efforts.

WTO-RELATED TRAINING SERVICES

As a supplement to our WTO-related services, we provide Member governments and interested industries with training in WTO and related disciplines.  Our training courses cover the full range of subjects, from substantive areas such as MFN, Rules, SPS, TBT and TRIPS, to negotiations and dispute settlement strategies.

WTO DISPUTE SETTLEMENT CASES

Miller & Chevalier lawyers and professionals have played significant roles in the following WTO dispute settlement proceedings, often appearing before panels, the Appellate Body and/or arbitrators to present the Member’s case.

• Belgium - Certain Income Tax Measures Constituting Subsidies;
• Brazil - Anti-Dumping Measures on Imports of Certain Resins from Argentina;
• Brazil - Export Financing Programme for Aircraft;
• Canada - Certain Measures Affecting the Automobile Industry;
• Canada - Certain Measures Concerning Periodicals;
• Canada - Export Credits and Loan Guarantees for Regional Aircraft;
• Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products;
• Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products;
• China - Certain Measures Granting Refunds, Reductions or Exemptions from Taxes and Other Payments;
• China - Value-Added Tax on Integrated Circuits;
• European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linens;
• European Communities - Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil;
• European Communities - Measures Affecting Asbestos and Products Containing Asbestos;
• European Communities - Measures Affecting Trade in Large Civil Aircraft;
• European Communities - Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs;
• European Communities - Provisional Safeguard Measures on Imports of Certain Steel Products;
• European Communities - Regime for the Importation, Sale and Distribution of Bananas;
  France - Certain Income Tax Measures Constituting Subsidies;
• Greece - Certain Income Tax Measures Constituting Subsidies;
• Indonesia - Measures Affecting the Automotive Industry;
• Ireland - Certain Income Tax Measures Constituting Subsidies;
• Japan - Measures Affecting Consumer Photographic Film and Paper;
• Japan - Measures Affecting Distribution Services;
• Mexico - Anti-Dumping Investigation of High Fructose Corn Syrup;
• Mexico - Definitive Countervailing Measures on Olive Oil from the European Communities;
• Netherlands - Certain Income Tax Measures Constituting Subsidies;
• Romania - Customs Valuation;
• Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and H-Beams from Poland;
• United States - Anti-Dumping Act of 1916;
• United States - Anti-Dumping and Countervailing Measures on Steel Plate from India;
• United States - Anti-Dumping Duties on Imports of Hot-Rolled Steel from Japan;
• United States - Anti-Dumping Duty on Dynamic Random Access Memory Semiconductors (DRAMS) of One Megabit or Above from Korea;
• United States - Continued Dumping and Subsidy Offset Act of 2000;
• United States - Countervailing Duties on Certain Carbon Steel Products from Brazil;
• United States - Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany;
• United States - Countervailing Duties on Steel Plate from Mexico;
• United States - Countervailing Measures Concerning Certain Products from the European Communities;
• United States - Definitive Safeguard Measures on Imports of Certain Steel Products;
• United States - Definitive Safeguard Measures on Imports of Circular Welded Carbon-Quality Line Pipe from Korea;
• United States - Harbor Maintenance Tax;
• United States - Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom;
• United States - Measure Affecting Government Procurement;
• United States - Measures Affecting the Cross-Border Supply of Gambling and Betting Services;
• United States - Measures Affecting Trade in Large Civil Aircraft;
• United States - Measures Treating Export Restraints as Subsidies;
• United States - Rules of Origin for Textile and Apparel Products;
• United States - Section 110(5) of the U.S. Copyright Act;
• United States - Section 129(c)(1) of the Uruguay Round Agreements Act;
• United States - Section 211 Omnibus Appropriations Act of 1998;
• United States - Sections 301-310 of the Trade Act 1974;
• United States - Subsidies on Upland Cotton; and
• United States - Tax Treatment for "Foreign Sales Corporations".