Tereposky & DeRose offers in-depth trade remedy expertise, including anti-dumping, countervailing duty, and safeguard investigations. Our lawyers have been involved in some of the most complex trade remedy issues in the past three decades. We have addressed these issues in Canada under the Special Import Measures Act (SIMA) and in other countries under regional trade agreements, such as the Canada-US Free Trade Agreement (CUSFTA) and the North American Free Trade Agreement (NAFTA), and under the World Trade Organization (WTO) Agreements. We are experienced in trade remedy issues from all perspectives– domestic producer, exporter, importer, user and government.
We appear regularly before Canadian authorities (Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT)). We are the only Canadian law firm that appears regularly before WTO panels, arbitrators, and the Appellate Body on a range of trade issues, including trade remedies.
Our lawyers’ experience dates back to subsidies and trade remedies issues during the implementation of the Canada-US Free Trade Agreement in 1989, including the Canadian side of the Canada-US Working Group on Subsidies and Trade Remedies, and involvement in the Uruguay Round trade negotiations that resulted in the WTO Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures (SCM Agreement). This includes advising on the definition of a “subsidy” under what became Articles 1 and 2 of the SCM Agreement and representing Canadian industry in US – Softwood Lumber II (1991-1993).
Our lawyers’ experience includes being part of the team that advised Mexico in the NAFTA negotiations, including on the special procedures governing trade remedy disputes in Chapter 19 of the NAFTA, and acting as counsel to Mexico on the first Mexico-US Chapter 19 dispute, Flat Coated Steel (MEX-USA-1994-1904-01), which concerned US anti-dumping measures, during which several fundamental legal issues related to the interface between common and civil law systems in international dispute settlement were addressed for the first time. We were counsel in trade remedy disputes under Chapter 19 of the NAFTA, Chapter 19 of the CUSFTA (the precursor to NAFTA Chapter 19), the WTO Anti-Dumping Agreement and the SCM Agreement. One of our lawyers served as a panelist in a WTO panel on an anti-dumping matter (EU – Fatty Alcohols (Indonesia)).
In 2017, our team secured commercially important exclusions in two Canadian trade remedy investigations. In another investigation, we obtained for our client a dumping margin that was more competitive than other subject exporters by more than 35%.