Daniel Hohnstein

Bar Admission
  • Law Society of Ontario, 2011
Education
  • LLB/JD, Osgoode Hall, 2010
  • B.Ed., University of Western Ontario, 2002
  • BA (Hons.), English Language and Literature, University of Western Ontario, 2001
  • B.Sc. (Hons.), Biochemistry, University of Western Ontario, 2000
Professional Involvement
  • Director, International Trade, Association Internationale des Juristes du Droit de la Vigne et du Vin (AIDV), Canada
  • American Bar Association
  • Society of International Economic Law
  • International Wine Law Association: Canadian Chapter

Daniel Hohnstein is a partner at Tereposky & DeRose. He represents governments and private sector clients in complex international trade matters. He regularly appears as counsel in WTO dispute settlement proceedings in Geneva. He is an experienced advisor on WTO obligations, compliance issues, and dispute procedures, with expertise covering the GATT 1994, Anti-Dumping Agreement, SCM Agreement, SPS Agreement, TBT Agreement, Safeguards Agreement, Government Procurement Agreement, Agreement on Agriculture, GATS, and the Dispute Settlement Understanding.

Dan also advises government and industry clients throughout the world on regional trade agreements (RTAs), including rules of origin (tariff shift and regional value requirements), market access obligations and exceptions, tariff rate quotas (TRQs), and dispute settlement procedures. Most recently, he has advised extensively on matters concerning the new North American trade agreement between Canada, Mexico and the United States (USMCA / CUSMA / T-MEC), the Canada-EU Comprehensive Economic and Trade Agreement (CETA), the Trans-Pacific Partnership (CPTPP), and the Canada-UK Trade Continuity Agreement (TCA).

Dan also advises and represents clients in anti-dumping, countervailing duty (anti-subsidy), and emergency safeguard matters before the Canada Border Services Agency (CBSA) and the Canadian international Trade Tribunal (CITT). He regularly assists clients in understanding Canadian procedures under the Special Import Measures Act (SIMA) and how to navigate provisional measures, questionnaire responses, written submissions, witness statements, and public hearings. Internationally, Dan advises investigating authorities on key concepts, processes, and practices under the WTO Anti-Dumping, SCM, and Safeguard Agreements.

Dan’s practice also covers cross-border trade and customs compliance. He advises clients on complex issues concerning Harmonized System (HS) tariff classification, country of origin, and valuation of traded goods. He assists clients in optimizing value chains to comply with customs and other Canadian requirements, navigating CBSA post-entry audits, and in identifying, triaging, and correcting errors in customs declarations.

Dan is an Associate Editor of Trade Law Guide, the leading legal research database for WTO law, and a Director (International Trade) of the Association Internationale des Juristes du Droit de la Vigne et du Vin (AIDV), Canadian Chapter.

WTO Dispute Settlement and Compliance

  • Counsel to national governments in trade disputes before WTO panels, arbitrators and, prior to its suspension in December 2019, the Appellate Body, including:
    • China – Anti-Dumping and Countervailing Duty Measures on Barley from Australia (DS598) (Panel)
    • China – Anti-Dumping and Countervailing Measures on Wine from Australia (DS602) (Panel
    • United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381) (Appellate Body, Compliance Panel, Countermeasures Arbitration, Second Compliance Panel, Appellate Body)
    • United States – Certain Country of Origin Labelling (DS384, DS386) (Panel, Appellate Body, Compliance Panel, Appellate Body, Countermeasures Arbitration)

Canadian Anti-dumping, Countervailing Duty, and Safeguard Matters

  • Counsel for domestic industries, foreign producers, importers and governments in Canadian anti-dumping, countervailing duty, and safeguard matters, including investigations, re-investigations, expiry reviews, and SIMA enforcement appeals before the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT):
    • Dry Wheat Pasta from Turkey (expiry review), DWP 2023 ER (CBSA)
    • Sucro Can Sourcing LLC v. Canada Border Services Agency (Special Import Measures Act), EA-2022-002 (CITT)
    • Small Power Transformers from Austria, Chinese Taipei, and South Korea (inquiry), SPT 2021 IN (CBSA)
    • Refined Sugar from the European Union, the United States, Denmark, Germany, the Netherlands and the United Kingdom (expiry review), SUG 2020 ER (CBSA) and RR-2020-003 (CITT)
    • Refined Sugar from the European Union, the United States, Denmark, Germany, the Netherlands and the United Kingdom (interim review), RD-2020-002 (CITT)
    • Wheat Gluten from Australia, Austria, Belgium, France, Germany and Lithuania (inquiry), WG 2020 IN (CBSA) and PI-2020-003 (CITT)
    • Dry Wheat Pasta from Turkey (re-investigation of the normal values, export prices and amounts of subsidy), DWP 2019 RI (CBSA)
    • Sucker Rods from Argentina, Brazil and Mexico (inquiry), NQ-2019-001 (CITT)
    • Certain Steel Goods, Safeguard Inquiry No. GC-2018-001 (CITT)
    • Liquid Dielectric Transformers from South Korea (expiry review), TR 2017 ER (CBSA) and RR-2017-002 (CITT)
    • Dry Wheat Pasta from Turkey (inquiry), DWP 2017 IN (CBSA) and NQ-2017-005 (CITT)
    • Certain Fabricated Industrial Steel Components from China, South Korea and Spain, Inquiry No. FISC 2016 IN (CBSA) and NQ-2016-004 (CITT)
    • Concrete Reinforcing Bar from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal, and Spain, Inquiry No. RB2 2016 IN (CBSA) and NQ-2016-003 (CITT)
    • Oil Country Tubular Goods (inquiry), NQ-2014-002 (CITT)
    • Liquid Dielectric Transformers from South Korea (inquiry), NQ-2012-001 (CITT)
  • Counsel in judicial reviews before the Federal Court of Appeal of decisions of the CBSA and the CITT in anti-dumping and countervailing duty investigations, including:
    • AGT Food and Ingredients v. Canadian Pasta Manufacturers Association, 2019 FCA 229
    • Fluor Canada Ltd. v. Supreme Group LP, 2020 FCA 58

Customs

  • Counsel in customs compliance matters, including tariff classification, rules of origin, CBSA audits, importer self-corrections or voluntary disclosures, advance rulings on tariff classification and customs rulings on valuation, origin, and other issues
  • Counsel in re-determinations and appeals of CBSA and CITT customs decisions

Trade Agreement Negotiations, Implementation and Interpretation 

  • Advises on the implementation, interpretation and administration of trade agreements, including WTO agreements and regional trade agreements, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Canada-EU Comprehensive Economic and Trade Agreement (CETA), the Canada-UK Trade Continuity Agreement (TCA), and the Canada-United States-Mexico Agreement (CUSMA/USMCA), which replaced the NAFTA
  • Leading expert on the implementation of the Canada-EU Comprehensive Economic and Trade Agreement (CETA). Key legal expert in the European Union’s project concerning “Market Access Support for EU Business in Canada in the CETA Context”

Chambers Global 

  • International Trade/WTO (since 2020) 

Chambers Canada

  • International Trade/WTO (since 2020) 

Best Lawyers in Canada

  • International Trade and Finance Law (since 2019) 

Who’s Who Legal

  • Trade and Customs: National Leader (since 2020) and Global Leader (since 2020) 

Publications

Speaking Engagements

  • Panelist, "Technical barriers to trade and statutory monopolies" (Session 8), AIDV Annual Global Conference, Kelowna, British Columbia, Canada (29 September to 1 October 2023)
  • Co-author, "Use of 'Facts Available' in Accordance with WTO Requirements", CLE presented 28 March 2023
  • Co-author, "Compliance with WTO Panel Reports (and Appeal Arbitration Awards)", CLE presented 28 March 2023
  • Co-author, "Sunset Reviews under the WTO Agreements", CLE presented 27 March 2023
  • Co-author, "Standards for Trade Remedy Investigating Authorities under the WTO Agreements", CLE presented 27 March 2023
  • Panel Chair, “Panel XII: Investment Law and Climate Change”, Re-thinking Global Economic Governance, annual conference hosted by the Society of International Economic Law (SIEL) (8 July 2021)
  • Speaker, Introduction and Closing Remarks for the Robert Hudec Lecture, Re-thinking Global Economic Governance, annual conference hosted by the Society of International Economic Law (SIEL) (8 July 2021)
  • Speaker, “WTO Disputes re Canadian Wine Laws – An Overview”, AIDV Canada 2021 Annual Wine Law Conference (25 February 2021)
  • Speaker, “Canadian Trade Update”, Canada Briefing Webinar (11 February 2021), broadcast online from Ottawa, Canada
  • Speaker, “Trade Opportunities under the CETA”, Economic Luncheon Networking Business Forum, hosted by The Embassy of the Czech Republic to Canada and the Economic Chamber of Commerce of the Czech Republic (27 May 2019), Ottawa, Canada
  • Speaker and Panellist, “The Winds and Storms of International Trade”, Canada and the European Union: Navigating a dynamic global trade policy environment, seminar hosted by the Austrian Embassy, the Delegation of the European Union to Canada, Global Affairs Canada, the Centre for European Studies and KPMG (2 October 2018), Ottawa, Canada
  • Speaker, “Canadian Trade Update”, Canada Briefing Luncheon (20 June 2018), Ottawa, Canada
  • Speaker, “International Trade Update – Overview of the NAFTA re-negotiations, implementation of the CETA, and the status of the TPP-11 (or CPTPP)”, presentation to the Ambassadors’ Lunch in Ottawa, Ontario, presented by Dan Hohnstein (16 January 2018)
  • Speaker, “Beyond Brexit: Trading with the EU – Lessons from Canada: Lessons from the EU-Canada Comprehensive Economic and Trade Agreement (CETA)” (June 13, 2017), presentation hosted by Brodies LLP in Edinburgh, Scotland (June 13, 2017)
  • Panellist, “The Comprehensive Economic and Trade Agreement (CETA): Insights and Implications for Canada, the Czech Republic, and the European Union”, lecture at the University of Economics in Prague, Czech Republic (March 14, 2017)
  • Speaker and panellist, “Comprehensive Economic and Trade Agreement (CETA): Seizing the Opportunities” at the Ministry of Industry and Trade in Prague, Czech Republic (March 13, 2017)
  • Speaker, “Update on the CETA, the TISA, and the TPP”, presentation to the Ambassadors’ Lunch in Ottawa, Ontario (February 21, 2017)
  • Speaker, “Why the CETA is Relevant to UK Enterprises and the Legal Counsel Who Advise Them”, presentation to Bond Dickinson LLP in London, England (February 6, 2017)
  • Speaker, “Bill C-30 – A Discussion of Canada’s Implementing CETA Legislation and Next Steps”, presentation to the EU Delegation to Canada in Ottawa, Ontario, presented by Dan Hohnstein, Greg Tereposky, Vincent DeRose, Jennifer Radford, and Beverley Moore (December 6, 2016)
  • Speaker, “Current Status of the TPP”, presentation to the Ambassadors’ Lunch in Ottawa, Ontario (September 15, 2016)
  • Speaker, “Implementation of the Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA)”, presentation to the EU Delegation to Canada in Ottawa, Ontario, presented by Dan Hohnstein, Greg Tereposky and Vincent DeRose (March 1, 2016)
  • Speaker, “The Trans-Pacific Partnership (TPP) – Overview of Selected Issues based on a Preliminary Review of the Draft Text”, presentation to the Ambassadors’ Lunch in Ottawa, Ontario, presented by Dan Hohnstein and Greg Tereposky (December 9, 2015)

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