Greyson Bryan
1999 Avenue of the Stars, 7th Floor
Los Angeles, CA, 90067
Phone: +1-310-246-8444
Fax: +1-310-246-6779
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Theodore W. Kassinger
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5170
Fax: +1-202-383-5414
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Greta Lichtenbaum
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5249
Fax: +1-202-383-5414
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Nathan Bush
Yin Tai Centre, Office Tower, 37th Floor
No. 2 Jianguomenwai Ave.
Chao Yang District
Beijing, 100022
Phone: +86-10-6563-4207
Fax: +86-10-6563-4201
PROFESSIONALS
- Related Practices
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Nachi-Fujikoshi Corp.
Nippon Steel Corporation
Saha Thai Steel Pipe Public Co., Ltd.
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Trade Remedies and Trade Policy
Virtually every manufacturer today experiences global competition, whether seeking to take advantage of foreign market opportunities or defending home turf. Manufacturers and exporters are targets of trade remedy proceedings in multiple jurisdictions, with domestic competitors petitioning trade authorities in their countries to impose penalties or restrictions under trade remedy laws. For companies trading globally, competitive success requires an understanding of World Trade Organization (WTO) law and the domestic legal framework of major trading partners, including the US, the European Union (EU) and China. O’Melveny’s Trade Remedies lawyers and consultants in the United States, Europe and Asia have substantial experience in defending and prosecuting trade remedy proceedings around the world, including antidumping and countervailing duty investigations and administrative reviews, safeguard proceedings, and other trade actions. Working either alone or with local counsel, we have represented or advised clients in such proceedings not only under US and EU law, but also under Chinese, Korean, Thai, Mexican, Indonesian, Chilean, Venezuelan, and Canadian law. Our lawyers draw on decades of private practice and government service, as well as the regional experience and the assets of the Firm’s 13 worldwide offices, to help our clients navigate today’s global marketplace. Our representations in trade remedy cases span a variety of products, from steel, candles, ladders, nails and textiles to advanced electronic products, including computer components and software, color televisions, and multi-media related devices. In the agricultural arena, our lawyers and consultants have dealt with product disputes pertaining to beef, fish, lamb, lumber, fertilizers, orange juice, pasta, pork, and wheat flour. In manufacturing, we have worked with clients in trade remedy proceedings involving chemical and mineral products, low enriched uranium, bearings, forklift trucks, polyester film, steel products, groundwood paper, textiles, and titanium sponges. O’Melveny also provides clients with preventive advice to deal with current and future trade remedy issues. Our lawyers and consultants assist clients in assessing the risks of particular trade actions with the goal of either eliminating or minimizing the risks of such actions.
Key Facts
- Our lawyers are recognized for their leadership in the area of international trade. According to Chambers, “A strong presence in the Far East produces a steady flow of anti-dumping cases, while the firm truly excels in the sanctions, FCPA and CFIUS arenas; …Market authorities also praise members’ insight into issues relating to foreign investment.” (Chambers Global 2008) Additionally, Chambers quotes references as saying that O’Melveny’s trade lawyers, "'are business people, not just lawyers. They can get questions answered and doors opened.'" (Chambers USA 2008)
- Our trade clients benefit from the practical, solutions-oriented approach of lawyers with years of high-level public service experience within the US Departments of Commerce and State, the White House, the European Court of Justice, the US International Trade Commission, the US Congress, the US Securities and Exchange Commission, and various US Attorney’s offices.
- Our track record for innovative counsel at the developing borders of international trade law includes representing Eastern European clients in one of the first antidumping investigations conducted under China’s revised antidumping rules, the first case in which foreign respondents were permitted to defend themselves in formal litigation proceedings before Chinese authorities.
- Reflecting the multinational character of our clients, our practice spans the world’s major trading nations and the venues in which trade issues are handled. We have served clients located in the United States, Australia, Austria, Brazil, Belgium, Canada, Chile, China, Egypt, France, Germany, India, Italy, Japan, Malaysia, Mexico, New Zealand, the Netherlands, Poland, Russia, Spain, South Africa, South Korea, Sweden, Taiwan, Thailand, Ukraine, the United Kingdom, and Venezuela. We advise private sector clients and foreign governments involved in trade disputes before international bodies including the WTO’s Dispute Settlement Body and bi-national panels convened under NAFTA.
- In Europe, we have assisted clients in all types of trade remedy proceedings before the European Commission and the European Court of First Instance (i.e., antidumping, countervailing duty and safeguards). These matters have involved a variety of products, such as bicycle parts, chemicals, footwear, ironing boards, plastic sacks and ferro-silico-manganese.
- Our Brussels team authored the Practical Guide to EC Trade Remedy Actions for Korean Exporters to the European Union for the Korea International Trade Association (KITA), a 240-page guide concerning EC trade remedies for Korean exporters. The Guide has since been translated into Korean and distributed to over 1000 KITA members.
- In Asia, the compatibility of WTO rules with new industrial policies and domestic regulatory initiatives in many jurisdictions is often questioned. China’s ascendance in the world trading system and accession to the WTO translates into frequent trade remedy proceedings against Chinese products—and Chinese trade remedy proceedings aimed at imports into China. China’s regulatory climate changes rapidly, and it is often unclear whether new initiatives comply with China’s WTO obligations. Our trade lawyers, including experts resident in China, have extensive experience in these and other facets of Asian trade laws and policies. Our lawyers routinely advise clients on Chinese trade remedy investigations of foreign imported products, foreign trade remedy investigations of Chinese exports, WTO implications of Chinese policies, and Chinese customs and trade regulations and procedures.
Practice Strengths
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Antidumping, Countervailing Duty, Safeguards and other Trade Remedy Proceedings
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Defending Multi-National Companies in Trade Remedy Actions in Different Jurisdictions Throughout the World
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WTO, NAFTA, and other International Trade Agreements
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Russian Silicon Steel Producers
Nachi-Fujikoshi Corp.
Polish Bicycle Assembler
Market Access for Publications & Audiovisual Products in China
Ukranian Silicon Manganese Producer
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