Washington DC International Trade Remedies Lawyer
Stewart and Stewart
Trade Remedies Practice
Companies and workers are subject to a wide range of competitive pressures in an increasingly global market. The rules-based trading system provides companies and workers in the United States and many other counties the use of trade remedies to address the following:
1. International price discrimination in the trade of goods if such discrimination causes injury to a domestic industry in the importing country;
2. Governmental subsidization that is viewed as trade distortive if such subsidization of products exported to a country causes injury to a domestic industry in the importing country;
3. Governmental subsidization that causes serious prejudice to the interests of an exporting nation (either in the subsidizing nation or in a third country);
4. Violations of international obligations under the World Trade Organization or under bilateral or plurilateral agreements (through pursuit of dispute settlement rights)(e.g., discrimination between imports from different WTO member nations; discrimination in treatment between imported and domestic goods or services; violation of intellectual property rights; assessment of tariffs in excess of tariff bindings or inconsistent with customs valuation requirements; sanitary/phytosanitary requirements or product standards or regulations that are inconsistent with WTO requirements; etc.)
5. Other forms of unfair trade practices involving imported goods;
6. Safeguard action under the WTO (universal safeguard action), under a bilateral or plurilateral agreement, or a country specific safeguard (at the present time, China only);
7. National security concerns.
Even in the absence of an existing trade problem or dispute, companies wanting to maximize their global performance will want to have a full understanding of the rights and obligations within the trading system to both avoid the pitfalls of unnecessary trade disputes but also to identify potential challenges that may be needed to protect market access rights the companies should enjoy abroad. Thus, companies should understand the competitive pressures they may face at home due to foreign government subsidies or the pricing practices of foreign producers. If they are exporters, they should understand the risks and exposures to loss or failure in overseas markets, to barriers they may face and options that may exist if barriers are encountered. An understanding of trade remedies helps businesses make informed choices and compete successfully.
Our firm has a long and rich history of helping companies and workers prevail in the complex and ever-changing international marketplace. Over the last 50 years, we have represented a wide range of agricultural, consumer and industrial goods industries in hundreds of cases at the administrative and judicial level in the United States and helped clients directly and/or with local counsel involved in such matters in other countries (including in the EC, Australia, South Africa, Mexico and Canada). We have also represented clients in disputes under various Free Trade Agreements (FTAs) or within the WTO, provided input to the shaping of policies in Washington, in Brussels (European Commission) and in Geneva (WTO) that affect trade remedies, and have advised governments on their trade remedy systems. We have written extensively on trade remedy issues within the U.S., comparatively between major user WTO-members, and about WTO agreements and disputes. Our in-depth expertise and commitment to excellence is at the core of our trade remedies practice.
Stewart and Stewart