international trade law and trade disputes

Turning Challenges into Opportunities

A key to success for organizations operating across borders is to overcome the inherent challenges involved and maximize the opportunities. Whether it is gaining access to local markets or a joint venture or acquisition, international business brings your organization face-to-face with unfamiliar laws and regulations, treaties, customs, tariffs, language barriers and bureaucracy.

At McMillan, we understand that crossing borders involves unwanted expense and regulations. Our knowledge of these costs and the regulations in place enable us to provide your business with efficient, cost-effective advice that saves you time and money, and helps realize your business opportunities.

The lawyers in our International Trade Law Group assist large and growing corporations located in Canada and around the world navigate trade and international business opportunities and overcome obstacles. Wherever your business operates, our network of legal professionals is ready to provide the highest quality of service. Our memberships in the TerraLex and International Practice Group (IPG) networks of law and accounting firms in over 93 countries gives us immediate access to premier advisors located around the world to serve you better.

Governments also look to us for assistance with complex legal issues requiring an understanding of political sensitivities and the need for strategic thinking. Whether revising laws for a country's entry into the World Trade Organization (WTO), advising on delicate negotiations affecting regulated marketing boards or counseling government officials on trade rules applicable to major industrial projects, governments repeatedly put their trust in our services.

Our Areas of Expertise

We have experience with a variety of international trade and business issues:

• Anti-dumping, Countervailing and Safeguard Duty Proceedings (Trade Remedy) ― We represent you at complaint processes and investigations before the Canada Border Services Agency (CBSA), at injury inquiries in the Canadian International Trade Tribunal (CITT) and in review proceedings before North American Free Trade Agreement (NAFTA) panels.
• International Trade and Litigation Agreements ― We interpret trade agreements to help secure market access and protect market share. We handle WTO and NAFTA disputes (including investment claims under NAFTA Chapter 11) and ensure that government litigation strategy reflects and protects your business interests in WTO litigation. We also safeguard products affected by WTO retaliation proceedings.
• Customs Regulation ― We provide expertise in tariff classification and origin determinations, duty relief and import/export restrictions, licenses and quotas.
• Government Procurement – We advise on the rules that apply to your interest in selling to the government and on government best practices in developing and managing public-private partnerships and Request For Proposals (RFPs).
• Government Relations ― We analyze government proposals to show you the costs and benefits; provide strategic advice in drafting government policy proposals; maintain contact for lobbying purposes with key government decision-makers; and represent you before government committees and officials.
• Temporary Entry Requirements ― We arrange cross-border movement of business persons including NAFTA/WTO documentation, licensing and certification requirements for business visitors, professionals, intercompany transferees, investors and accompanying spouses and dependents.

Recent Trade Remedy Successes

• Successfully represented Dover Corporation (Canada) Limited in the Canadian International Trade Tribunal (CITT) injury inquiry into dumped and subsidized pup joints from China.  The finding will result in higher prices for Chinese pup joints in Canada, through the discipline imposed by countervailing duties and anti-dumping duties. The finding will remain in effect for a period of up to five years. (April 2011)
• Successfully  represented the Ontario Greenhouse Vegetable Growers in the Canadian International Trade Tribunal (CITT) injury inquiry into dumped Dutch greenhouse bell peppers.  The finding will require price floors for greenhouse bell peppers imported from the Netherlands for up to five years. (October 2010)
• Successfully defended a decision of the Canadian International Trade Tribunal ("CITT") in the Federal Court of Appeal.  The Court confirmed the validity of the causation analysis employed by the CITT in finding that dumping was a cause of material injury to Canadian production of mattress innerspring units. (October 2010)
• Successfully  represented the American producer Johns Manville International in a Canadian International Trade Tribunal (CITT) injury inquiry.  The CITT found that imports of American polyiso insulation board were not causing, and did not threaten to cause, injury to production in Canada of like goods. (May 2010)
• Successfully represented the complainants TenarisAlgomaTubes and TenarisPrudentialSteel in the Canadian International Trade Tribunal (CITT) injury inquiry into dumped and subsidized Chinese oil country tubular goods - the CITT finding extends anti-dumping and anti-subsidy protection against a wide range of oil country tubular goods (OCTG) imported from China.  The CITT ruled that unfairly priced Chinese OCTG caused injury to Canadian producers including TenarisPrudential Steel, ArcelorMital and Lakeside Steel. (March 2010)
• Successfully represented the complainant Globe Spring & Cushion Company in the Canadian International Trade Tribunal (CITT) injury inquiry into dumped Chinese mattress innerspring units.  The CITT finding means that importers of dumped Chinese mattress innerspring units will not have access to unfair pricing from China for at least 5 years.  Mattress innerspring units are used in the production of mattresses by over 100 manufacturers in the Canadian market.  The CITT ruled that unfairly priced Chinese mattress innerspring units threatened to cause injury to production in Canada, including by Globe Spring & Cushion Company and Simmons Canada Inc. (November 2009)
• Successfully defended a decision of the Canada Border Services Agency ("CBSA") in the Federal Court of Appeal.  The Court upheld the discretion accorded to the CBSA in determining whether a Chinese industry is operating under free market principles. (May 2009)
• Successfully  represented an American vendor of electronic products, and obtained an exclusion from a Canadian International Trade Tribunal (CITT) finding for certain Chinese aluminum extrusions sold by our client.  The exclusion means that certain electronic products sold by our client that may contain Chinese inputs will not be subject to the CITT injury finding. (March 2009)
• Advised the Government of Newfoundland and Labrador in the high-profile issue of bulk removal and export of water, the related legislation, and its implications under international trade rules.
• Successfully defended a decision of the Canada Border Services Agency ("CBSA") in the Federal Court of Appeal.  The Court ruled that the CBSA had the authority to offset undumped goods against the amount of dumping found for individual exporters. (December 2006)

Other Successes

International Trade Agreements

• Advised a national government in the drafting of its anti-dumping, countervailing duty and safeguard laws and regulations as part of its entry into the World Trade Organization (WTO).
• Advised North American governments on the impact of local processing requirements.

Government Relations

• Made representations on behalf of clients before the House of Commons Sub-Committee on the Review of the Special Import Measures Act (SIMA).
• Represented a leading publisher in hearings in respect of "split-run" magazine advertising before the House of Commons Standing Committee on Canadian Heritage and the Senate Standing Committee on Transportation and Communications.
• Lobbied for same publisher with respect to issue of Canadian ownership and control.
• Lobbied on behalf of Canadian producers for the removal of product categories from a Canadian trade retaliation list.
• Counseled a North American government on the trade regulations that apply to the export of water.
• Counseled the Government of the Northwest Territories as special advisor on trade and competition law in matters pertaining to the diamond industry.
• Lobbied for Canadian bicycle manufacturers in respect of the issue of China market status.

Trade Remedy Disputes

• Appeared on behalf of private litigants or others (e.g., the Competition Bureau) in over 80 trade remedy disputes before the Canadian International Trade Tribunal and its predecessors, 20 FTA/NAFTA dispute panels, and 30 Federal Court judicial reviews of trade cases, including participation in some of the most significant trade disputes of recent years: Steel (various products), Steel Safeguard, Bicycles, and Household Appliances.
• Defended client's success in the Canadian International Trade Tribunal (CITT) at the Federal Court of Appeal and Supreme Court of Canada in the landmark administrative law ruling (National Corn Growers v. Canada).

Customs Regulation

• Obtained origin rulings for several clients regarding tariff classification, excise status and country of origin of imported goods.

April 2012 restraining the long arm of Ontario courts: Supreme Court of Canada clarifies private international law litigation bulletin

April 2012 2012 federal budget shakes up Canada's trade remedy system international trade bulletin

March 2012 Canada to remove foreign ownership restrictions on certain telecommunications providers telecommunications bulletin

February 2012 Canada and China conclude major investment treaty negotiations international trade law bulletin

February 2012 Canada and China conclude major investment treaty negotiations international trade law bulletin

November 2011 expanded sanctions against Iran make it more difficult to do business ‘as usual' in the region international law bulletin

November 2011 approaching the eleventh hour - Canada EU free trade negotiations update international trade bulletin