Arent Fox was one of the first major law firms in the United States to develop a substantial international trade litigation practice. Today we are among the largest, most active international trade litigation practices, with clients drawn from every point on the globe and from a variety of industries.
Our team has a full complement of partners, associates, and non-lawyer professionals. We have numerous partners with more than 25 years of experience who have handled some of the most important trade cases brought in the United States. This includes softwood lumber from Canada, bearings from numerous countries, steel products cases (flat-rolled, long-products, pipe, and tube) from over 10 countries, and solar modules and wind towers from China.
Overall, Arent Fox lawyers have been engaged in more than 100 cases involving over 20 countries. 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.
Annually recognized by Chambers Global and Chambers USA as one of the United States’ top international trade practices, and by Legal 500 US in its Litigation: International Trade section, Arent Fox is uniquely qualified to represent clients in antidumping, countervailing duty, World Trade Organization (WTO), and other trade dispute proceedings.
Arent Fox represents clients in antidumping 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. 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 25 years ago.
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 and the US Court of Appeals for the Federal Circuit, and before North American Free Trade Agreement (NAFTA) Tribunals for products involving Canada or Mexico. 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 WTO, including whether litigation before the WTO could be an effective solution for the client’s international trade issue, as well as drafting arguments for submission to the WTO.
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
Arent Fox represents clients in antidumping and countervailing duty proceedings (both market and non-market economy) before the 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. 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 many years ago.
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 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, a “safeguard” proceeding 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 antidumping proceeding.