WTO Dispute Settlement
- 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 Domestic Trade Law & Regulation
- Dan acts for private sector companies and industry associations — including Canadian domestic industries, importers (both resident and non-resident), producers and exporters from countries throughout the world, and other businesses — in litigation arising from issues in Canadian customs law, Canada’s trade remedies regime, and international trade and investment agreements.
- Dan acts a counsel and advisor in anti-dumping and countervailing duty investigations, including Refined Sugar (RR-2014-006), Liquid Dielectric Transformers (NQ-2012-001, RR-2017-002), Oil Country Tubular Goods (NQ-2014-002), Concrete Reinforcing Bar (NQ-2016-003), Fabricated Industrial Steel Components (NQ-2016-004), and Dry Wheat Pasta (PI-2017-004).
- Dan represents and assists clients in all customs compliance matters, including:
- challenging tariff classification re-determinations made by the Canadian authorities (including appeals from the CBSA to the Canadian International Trade Tribunal, and from the Tribunal to the Canadian Federal Court of Appeal);
- preparing for and participating in customs audits (e.g., tariff classification, valuation of imported goods, compliance with rules of origin);
- preparing to file self-corrections or voluntary disclosures with respect to errors in customs declarations;
- preparing and submitting written requests to the Canadian authorities for advance rulings on tariff classification and for customs rulings on valuation, origin, and other issues.
Advice on International Trade Agreements
- Dan is a leading expert on the implementation, interpretation, and application of the Canada-EU Comprehensive Economic and Trade Agreement (CETA). He is one of the key experts in the European Union’s project concerning “Market Access Support for EU Business in Canada in the CETA Context”. He has tracked and analyzed the implementation of all aspects of the Agreement into Canadian domestic law, and he has prepared comprehensive studies of market access opportunities for both EU and Canadian stakeholders. He has also studied the remaining trade barriers that continue to exist under the CETA and how businesses can address them going forward.
- Dan routinely advises clients on the interpretation and application of all international trade agreements and other treaties. He frequently advises on a broad range of market access and dispute settlement issues under the NAFTA, the CETA, the WTO Agreements, and all other regional and multilateral agreements, including:
- Preferential rates of duty;
- Rules of origin;
- Tariff rate quotas (TRQs);
- Government procurement;
- Transparency, dispute settlement, and other matters.
Investor-State Dispute Settlement
Dan acts as counsel and advisor on the interpretation and application of bilateral investment treaties, including with respect to a threshold jurisdictional issues and substantive issues.