International Trade Litigation
With 14 dedicated professionals, our team has handled some of the most important trade cases brought in the US, including softwood lumber from Canada, steel products cases (flat-rolled, long-products, pipe, bearings, and other specialty products) from various countries, and solar modules from China and Korea. We have been engaged in more than 100 cases involving over 20 countries and we regularly represent foreign producers and importers, governments, and domestic industries in trade cases at both the administrative and appellate levels and in multiple jurisdictions around the globe.
Arent Fox represents clients in anti-dumping and countervailing duty proceedings (both market and non-market economy) before the US International Trade Commission (ITC) and the Department of Commerce, as well as before foreign administrative agencies with respect to trade remedy proceedings instituted against US and third-country exporters. We are among a handful of firms with the experience and skill to handle the largest, most complex, multi-party trade proceedings, and we have been active participants in all the major trade litigations for over 25 years.
Litigation: US Court of International Trade, NAFTA Tribunals, US Court of Appeals for the Federal Circuit, World Trade Organization
Arent Fox vigorously litigates international trade matters before the US Court of International Trade, the US Court of Appeals for the Federal Circuit, and before North American Free Trade Agreement (NAFTA) Tribunals. We have been successful, through litigation, in obtaining preliminary injunctions to stop the liquidation of entries at incorrect assessment rates, as well as in obtaining significant reductions in assessment and cash deposit rates through litigation. We also advise clients on trade proceedings before the World Trade Organization.
Our attorneys include a former law clerk from the US Court of International Trade and member to the US Court of International Trade’s Advisory Committee on Rules. We routinely attend the Court’s judicial conference in order to stay up-to-date on the latest practices and procedures of the Court.
CAFTA, NAFTA, and AD/CVD Proceedings in Third Countries
We represent clients in anti-dumping and countervailing duty proceedings (both market and non-market economy), before foreign administrative agencies with respect to trade remedy proceedings instituted against US and third-country exporters. Owing to the depth of experience among our trade lawyers, we are among a handful of firms with the experience and skill to handle the largest, most complex, multi-party trade proceedings, and we have been active participants in all the major trade litigations since these laws were reformed.
Section 201 “Escape Clause” or “Safeguard” Investigations
Our Trade team has decades of experience representing clients on Section 201 proceedings, known commonly as “Safeguard” proceedings. A “safeguard” proceeding is a WTO-approved form of temporary relief that US producers can request when imports of competitive products surge and are causing serious injury to the US industry. It provides a relatively quick process for claiming relief, and there are a range of possible remedies. Arent Fox has handled some of the largest cases in history, including multiple countries and private parties in the steel 201 case, guiding clients through a process that is much more discretionary and political than (for example) an anti-dumping proceeding.