International Trade Policy & Negotiations

Steptoe & Johnson LLP has one of the largest international trade practices among major US firms. We have earned a reputation as a leading firm for assisting companies to develop and execute strategies to improve market access and minimize risk arising from international trade developments. In 2007, Chambers named Steptoe's International Trade group the International Trade Practice of the Year.

Trade policy is not made in one place. Nor can one approach consistently yield favorable trade policy results. For each client, we design a strategy tailored to the client's priorities and budget. This strategy might involve advocating a company's interests at the White House and the Office of the US Trade Representative, or it might require briefings and consultations with Executive Branch officials or members of Congress.

Often, Steptoe attorneys act on behalf of our clients to advise US government officials involved in negotiations and dispute proceedings in the World Trade Organization (WTO), under the North American Free Trade Agreement and in other multinational forums. Where appropriate, we make direct contact—formal and informal—with foreign government decision-makers.

Effective trade policy representation requires a firm that can marshal significant experience in the trade policy process. Ambassador Susan G. Esserman, who most recently served as Deputy US Trade Representative and held high-ranking trade policy positions at the US Commerce Department, leads Steptoe’s trade policy team. Other key members of this practice include Richard O. Cunningham, who has participated in US trade policy debates for more than 30 years. In our London office, Iain MacVay contributes extensive experience with European trade policy-making.

Steptoe delivers substantive knowledge on a wide range of trade issues and policy disciplines in a cost-effective manner. Our attorneys have in-depth knowledge of numerous industries with recurring trade policy concerns, such as steel, aerospace, agriculture, chemicals, and textiles. In addition, Steptoe attorneys are skilled in many cutting-edge industries that are increasingly confronted with trade policy issues, such as information technology, telecommunications, and biotechnology. Several of our attorneys have strong backgrounds in economics, which is often essential in successful trade policy advocacy. Where needed, we call upon a strong network of economic consultants with whom we have worked on past matters.

Steptoe's reputation for designing strategies to solve trade problems is reflected in the broad range of trade policy matters we have handled. We have experience in a diverse array of issues, including antidumping and subsidies rules and regulations, tariff and non-tariff barriers, trade with non-market economies, agricultural trade, government procurement standards, and telecommunications.

Representative Matters

Steel. In response to the recent US steel safeguard investigation, we have worked closely with US and European trade policy officials to seek a balanced approach that minimizes restrictions on trade. In particular, we have taken the lead in calling attention to the serious unintended consequences that could result from the interaction of safeguard duties with US antidumping duties. The effort has ranged from preparing submissions to the Trade Policy Staff Committee to meeting with senior US and EU trade officials, and working closely with key European embassies involved in this effort.
Petrochemicals. On behalf of one of the world's leading petrochemical companies, we are preparing and implementing a global trade and regulatory strategy to minimize the risk of future trade cases and provide practical solutions for trade discriminatory problems that impede exports. Our creative and flexible strategy utilizes the opportunities available in the WTO negotiations and regional trade arrangements to maximize competitive benefits available under these trade regimes.
Aerospace. Over a period of several years, we have worked with the leading US manufacturer of large civil aircraft to address the problem of foreign government assistance in this sector. This multi-faceted activity has involved working with the US Trade Representative’s office on possible WTO proceedings, briefing senior US government officials in preparation for negotiations with foreign officials, and advising on the current and proposed multilateral rules. Recently, we have worked with another aircraft manufacturer to ensure that that the People’s Republic of China implements its WTO obligations as they affect this sector.
Textiles. We develop trade strategies for a major textiles and apparel company to optimize the advantages and minimize the risks of quotas and other restrictions on textiles and apparel. In our strategic advice, we incorporate approaches involving trade remedies, technical regulations, outward processing, and using the WTO and other trade negotiations involving textiles and apparel.
Wheat. We have advocated on behalf of the Canadian wheat industry in the numerous US government investigations of its operations (under Sections 301 and 332), as well as various trade remedy proceedings before the International Trade Commission and Department of Commerce. Working closely with economic consultants, we have demonstrated that the Canadian wheat industry does not engage in any unfair or non-commercial practices. The US government is now seeking to use the WTO dispute resolution process as well as the multilateral trade negotiation forum to alter Canada's policies on its wheat industry, and we are assisting the industry with its response.
Lumber. In an effort to resolve long-standing trade litigation over Canadian lumber imports to the United States, the US Commerce Department is engaged with the Canadian federal and provincial governments in settlement negotiations. Steptoe attorneys have been actively involved in this policy process, which involves complex questions of natural resource regulation and WTO policy issues.
Commercial Goods. Over the last several decades, our firm has assisted a coalition of US manufacturers of commercial products to minimize the economic risk arising from multilateral and bilateral trade negotiations. Steptoe attorneys have developed and implemented a strategy that includes advocacy before the Office of the US Trade Representative, Commerce Department, the International Trade Commission, and Congress to assist the coalition to influence trade policy decisions that directly affect the industry’s future.
Antidumping Policy. Steptoe has advocated amendments and policy changes relating to the antidumping law for decades. Susan Esserman played a lead role in developing the antidumping and countervailing duty laws and regulations that implemented the Uruguay Round Agreement. Recently, our firm has advocated for effective US implementation of the WTO ruling against the US 1916 Antidumping Act, employing a strategy involving both the US Administration and Congress. We have also pressed for the United States to conform its policy on the “zeroing” of negative antidumping margins, consistent with the WTO Appellate Body’s interpretation of the WTO Antidumping Agreement.
Safeguard Duties. Steptoe assisted a US agriculture association in successfully challenging an Indian trade association initiative to seek the imposition of an initiative of safeguard duties. Our firm developed and implemented a comprehensive legal strategy that included submitting briefs and oral testimony to the Indian government, providing advice regarding coalition-building and Indian government trade policy, and coordinating efforts with several South American associations.

News

Steptoe’s International Trade Attorneys Make History at Supreme Court: Justices to Hear First Antidumping Case in the Fall

Speaking Engagements

Publications

New Equations In A New World
April 5, 2008, Outlook Business