As part of our WTO dispute settlement practice, we assist the PRC government in undertaking WTO or regional trade agreement disputes, at the consultation stage, the panel hearing stage, and the appeal and enforcement stages. In connection with our WTO rules negotiation practice, our team assists the PRC government with negotiations in cases involving unfair treatment of Chinese responding enterprises in practice and actions of other countries and territories that do not comply with the applicable substantive or procedural rules of the WTO. In such cases, we draft proposals on the basis of specific circumstances of the particular anti-dumping and countervailing cases and participate in related negotiations, etc.

Our clients include:

• The PRC government

Our services cover:

• Collecting and sorting out basic information
• Writing reports
• Drafting proposals
• Participating in internal discussions (seminars) of the Ministry of Commerce
• Participating in foreign negotiations of the Ministry of Commerce
• Collecting relevant information and putting forward requests for consultation
• Analysis of relevant WTO rules and precedents
• Drafting legal opinions and related comments, and summarizing and translating related documents
• Providing translation (summary) and analysis of related comments and reports, and assisting foreign lawyers in respect of the submission of comments and rebuttal opinions on procedural and substantive issues in connection with the matters under investigation
• Preparing negotiation strategy for negotiations regarding the case between the MOFCOM and foreign investigating authorities
• Assisting the MOFCOM in preparing materials required for related hearings (if required), and attending panel hearings
• Providing other comments and relevant materials on the issues to be negotiated in connection with the response

Anti-dumping is defined as a countermeasure against dumping, i.e., the entry of a product of one country into the market of another country at less than the normal value, if the resulting product causes or threatens to cause material injury to or materially retards a domestic industry in the importing country. At present, the main problem that PRC enterprises face in responding to anti-dumping investigations brought by foreign countries is that the foreign countries commonly use (or disguise their use of) a substitute country in the determination.

Our anti-dumping investigation practice mainly includes acting for domestic enterprises to respond to anti-dumping investigations initiated by foreign countries, acting for foreign enterprises to respond to anti-dumping investigation initiated by the PRC, and acting for domestic enterprises as petitioners to initiate anti-dumping investigations against foreign countries. The investigation procedures mainly include original anti-dumping investigation, administrative review, interim review, new exporter review, sunset review, transitional review, etc.

Our clients include:

• The PRC government
• Industry associations
• Domestic and foreign enterprises

Our services cover:

For the PRC government

• Reviewing and analyzing relevant legal documents, including application forms, initiation notification, legal comments and rebuttal comments submitted by each interested party
• Preparing strategies, plans and defenses for the response to the case in accordance with applicable legal provisions and the available facts, including presentation of law and facts,collection of relevant evidence and information, preparing and submission of legal defenses and comments
• Providing strategies, information and data for negotiation with government; cooperating with enterprises and the government to conduct relevant lobbying efforts, and assisting with the organization of related activities, facilitating related negotiations and drafting negotiation talking points, presentations and written opinions
• Keeping the MOFCOM informed of the latest developments and maintaining close communication with all interested parties

For industry associations

• Reviewing and analyzing relevant legal documents, including application forms, initiation notification, legal comments and rebuttal comments submitted by each interested party
• Assisting the industry association in preparing negotiation strategy and legal arguments
• Assessment of the products and industry information involved in the case, and formulation of the case response strategy and plan
• Reviewing and analyzing the findings of the investigation authority concerning market distortion (if applicable)
• Analysis of the alternative prices of the cost factors claimed by the investigation authority; researching and analyzing the alternative data from representative countries which are most similar to PRC enterprises and with the similar level of economic development of PRC
• Preparing and compiling questionnaires regarding injury, and coordinating with all responding parties during this process
• Assisting the client in the preparation for and the participation in the hearing, and handling of the translation work during the preparation for and the conduct of the hearing
• Preparing legal comments and summarizing and translating relevant documents in this stage of the proceedings
• Coordination and communication with the investigation authority during the investigation process
• Canvassing of downstream users as needed
• Providing other relevant legal services required by the clients

For domestic and foreign enterprises

• Determining the response strategy
• Collecting and segregating questionnaires and compiling lists of related proof documents
• Conducting on-site training at the company's premises in respect of answering to the questionnaires
• Assisting the company in completing and submitting questionnaires and in preparing relevant evidentiary attachments
• Assisting the company in completing and submitting supplementary questionnaires and in preparing relevant evidentiary attachments
• Assisting the company in preparing for and responding to on-site or remote verifications
• Assisting the company in preparing the materials required for attending the hearing (if required)
• Drafting and submitting legal comments on the preliminary and final results and other arbitral results issued by the investigation authority
• Assisting the company in communicating with the PRC Ministry of Commerce and relevant business/industry associations so that the response of the enterprise shall be consistent with the response of the government and industry defense of non-injury
• Providing trade remedy judicial actions with legal support
• Providing trade compliance system development with consulting services

Countervailing investigation refers to the investigation by the competent authority of the importing country, upon application by relevant domestic industry, of claims of subsidized imports, and the threat of levying countervailing duties or price undertaking in order to protect the damaged domestic industry, restore fair competition, and offset the subsidy benefitting the imported product. Subsidy refers to financial contribution provided to a particular enterprise or a group of industries by the government or a public body, or by a private body authorized by the government to exercise governmental functions, from which the particular industry or group of industries benefits. The usual forms of financial contribution include direct allocation/transfer of government funds (e.g. appropriation, loan, equity infusion), waiver by the government of or failure to collect the due fiscal revenues (e.g. tax credit incentive), and provision by the government of goods or services other than general infrastructure, or purchase by the government of goods or services.

At present, the scope of countervailing investigation by foreign countries, especially by the EU, is gradually expanding. For example, financial loans or subsidies obtained by Chinese overseas investment enterprises from state-owned banks or financial institutions have now also been included within the scope of countervailing investigations. However, certain financial instruments commonly used by Chinese enterprises, such as loan renewals, acceptance bills, discounts, etc., including use of undervalued exchange rates, constitute potential new categories of subsidies, which are likely to become the basis of such countervailing investigations as a routine matter.

Countervailing activities mainly include acting for foreign enterprises to respond to countervailing investigation initiated by the Ministry of Commerce PRC, and representing for domestic enterprises as petitioners to filecountervailing investigation applications against foreign countries. The investigation procedures mainly include original countervailing investigation, administrative review, interim review, new exporter review, sunset review, transitional review etc.

Our clients include:

• The PRC government
• Industry associations
• Domestic and foreign enterprise

Our services cover:

For the PRC government

• Providing analysis and comments on the applicant's allegations of subsidies by the PRC government
• Making related recommendations on the approach to negotiations before formal initiation of the case
• Translating questionnaires and preparing internal questionnaires, maintaining close contact with relevant government authorities, business/industry associations and enterprises, and collecting, organizing and translating relevant information in response to the related questionnaires
• Completing government questionnaires and supplementary questionnaires on countervailing claims, and submitting the questionnaires to the investigation authorities within the specified time limit
• Coordinating and cooperating with the legal representatives of the enterprises responding to the cases in order to have a comprehensive understanding of the enterprises’ countervailing questionnaire replies, and to ensure the consistency of the overall positions of the government and enterprises in the questionnaires
• Assisting the PRC government in preparing for and participating in on-site or remote verifications in respect of the countervailing questionnaire replies of the central government and local governments, including providing guidance to the departments to be investigated before the inspections, and providing translation assistance during the verifications
• Preparing legal opinions and comments on the preliminary and final decisions and summaries and translations of related documents
• Assisting foreign lawyers in submitting comments and rebuttal comments regarding procedural and substantive issues in respect of the matters under investigation, and preparing for the consultations and negotiations between the PRC government and foreign investigating authorities
• Analyzing of the final decision of the investigating authorities in coordination with foreign lawyers, and providing comments on matters relating to the submission to the WTO dispute settlement body
• Coordinating with foreign lawyers during the investigation process, including liaison and communication with the investigation authorities, and reporting to the PRC government with respect to the development of the case in a timely manner
• Assisting the PRC government in preparing the materials required for participating in the hearing (if held)
• Providing related comments and opinions and relevant documents on other issues which need to be negotiated with the investigating authority in the process of assisting Chinese government in preparing the response

For industry associations

• Reviewing and analyzing relevant legal documents, including application forms, case filing announcements, legal comments and rebuttal comments submitted by each interested party
• Assisting the industry association in preparing negotiation strategy and legal arguments
• Assessment of the products and industry information involved in the case, and formulation of the case response strategy and plan
• Reviewing and analyzing the findings of the investigating authority concerning market distortion (if applicable)
• Preparing and compiling questionnaires regarding injury, and coordinating with all responding parties during this process
• Assisting the client in the preparation for and the participation in the hearing, and handling of the translation work during the preparation process and the conduct of the hearing
• Preparing legal comments, summarizing and translating relevant documents in this stage of the investigation.
• Coordination and communication with the investigation authority during the investigation process
• Canvassing of downstream users as needed
• Providing other relevant legal services required by the client

For domestic and foreign enterprises

• Determining the response strategy
• Collecting and segregating questionnaires and compiling lists of related materials
• Conducting on-site training at the enterprise's premises in respect of answering to the questionnaire
• Assisting the enterprise in completing and submitting questionnaires and in preparing relevant evidentiary attachments
• Assisting the enterprise in completing and submitting supplementary questionnaires and in preparing relevant evidentiary attachments
• Assisting the enterprise in preparing for and responding to on-site or remote verification
• Assisting the enterprise in preparing the proof documents required for attending the hearing (if required)
• Drafting and submitting legal comments on the preliminary and final decisions and other arbitral results issued by the investigation authority
• Assisting the company in communicating with the PRC Ministry of Commerce and relevant business/industry associations so that the response of the enterprise shall be consistent with the response of the government and industry defense of non-injury
• Providing legal support for trade remedy judicial actions
• Providing consulting services for trade compliance system development

“Circumvention” in trade remedy investigations refers to the situation where an export enterprise, after an anti-dumping or countervailing duty has been imposed, exports from a third country to a country imposing anti-dumping or Countervailing duty, by changing its sales method or channel, slightly changing the pattern of the subject product, or utilizes other circumvention tactics in order to avoid the anti-dumping or countervailing duty. The core of anti-circumvention investigation is the change of "trade method or trade channel". However, not all export activities constitute "circumvention". Therefore, export enterprises which have not actually engaged in "circumvention" must actively respond to the anti-circumvention investigation, otherwise they will be deemed to have engaged in circumvention and be subject to punitive measures.

Our clients include:

• Domestic and foreign enterprises

Our services cover:

• Determining the response strategy
• Collecting and segregating questionnaires and compiling lists of related documents
• Conducting on-site training at the enterprise's premises in respect of responding to the questionnaire
• Assisting the enterprise in completing and submitting questionnaires and in preparing relevant evidentiary attachments
• Assisting the enterprise in preparing for and responding to on-site or remote verification
• Assisting the company in preparing the proof documents required for attending the hearing (if required)
• Drafting and submitting legal comments on the findings published by the investigating authority
• Assisting the company in communicating with the PRC Ministry of Commerce and relevant business/industry associations
• Providing trade remedy judicial actions with legal support
• Providing trade compliance system development with consulting services

A safeguards investigation is an "urgent" import restrictive measure taken by a WTO Member in response to a sudden surge in imports which causes serious injury or threat thereof to its domestic industry. This measure aims to introduce flexibility to the international obligations entered into by a member country that could, if exceptional circumstances arise, exempt it from its obligations under the relevant WTO agreements in order to remedy serious injury which has been caused or to avoid the likely consequences of the threat of serious injury.

Our clients include:

• The PRC government
• Industry associations
• Domestic and foreign enterprises

Our services cover:

For the PRC government

• Reviewing and analyzing relevant legal documents, including application forms, initiation notification, comments and rebuttal comments submitted by each interested party
• Preparing strategies, plans and defenses for the response to the case in accordance with applicable legal provisions and the available facts, including presentation of law and facts; collection of relevant evidence and information, preparing and submission of legal defenses and comments
• Providing strategies, information and data for negotiation with government
• Cooperating with enterprises and the government to conduct relevant lobbying efforts, and assisting with the organization of related activities
• Facilitating related negotiations and drafting negotiation talking points, presentations and written opinions
• Providing other related legal services as required by the PRC government

For industry associations

• Reviewing and analyzing relevant legal documents, including application forms, initiation notification, comments and rebuttal comments submitted by each interested party
• Assisting the industry association in preparing negotiation strategy and legal arguments
• Assessment of the products and industry information involved in the case, and formulation of the case response strategy and plan
• Assisting the client in the preparation for and the participation in the hearing, and handling of the translation work during the preparation for and the conduct of the hearing
• Preparing legal comments and summarizing and translating relevant documents in this stage of the proceedings
• Coordination and communication with the investigating authority during the investigation process
• Canvassing of downstream users as needed
• Providing other relevant legal services required by the client

For domestic and foreign enterprises

• Determining the response strategy
• Collecting and segregating questionnaires and compiling lists of related materials
• Conducting on-site training at the enterprise's premises in respect of answering to the questionnaire
• Assisting the enterprise in completing and submitting questionnaires and in preparing relevant evidentiary attachments
• Assisting the enterprise in completing and submitting supplementary questionnaires and in preparing relevant evidentiary attachments
• Assisting the enterprise in preparing for and responding to on-site or remote verification
• Assisting the enterprise in preparing the materials required for attending the hearing (if required)
• Drafting and submitting legal comments on the preliminary and final decisions and other arbitral results issued by the investigating authority
• Assisting the company in communicating with the PRC Ministry of Commerce and relevant business/industry associations
• Providing trade remedy judicial actions with legal support
• Providing trade compliance system development with consulting services

As PRC enterprises leverage their advantages in the manufacturing sector, accelerate overseas distribution, and expand their participation in international trade, PRC enterprises have also become the target of global trade remedy investigations and actions. China's export trade has suffered frequent setbacks as a result. In the trade remedy investigation cases involving PRC export enterprises, there are many legal issues that need coordination and defense among the government, relevant institutions, and enterprises. As a result, it is necessary to help Chinese export enterprises develop a more comprehensive concept of trade compliance, and to formulate appropriate plans in advance in respect of overseas distribution, trade channels, internal management processes, and system improvement to help enterprises to effectively deal with trade remedy investigations.

Our clients include:

• PRC enterprises

Our services cover:

• Providing dynamic system updates and analysis
• Conducting assessment on the current trade-related compliance risks of the enterprise (such as pre-warning investigation, existing investigation and judgment analysis, etc.) and proposing corresponding improvement suggestions
• Establishing the export trade compliance system, compliance management manual and compliance management guide, etc. for enterprises
• Providing trade compliance training
• Formulating strategic plans and arrangements for overseas trade in light of the enterprise's actual situation
• Providing recommendations on improvement of the enterprise's system, conducting review of trade documents, and reviewing and making recommendations on improvement of trade data management
• Other relevant legal services

Our clients include:

• State-owned enterprises and high-tech enterprises including in the semi-conductor, telecommunications and pharmaceutical industries

Our services cover:

• Assisting companies in establishing global export control and economic sanctions compliance management systems, providing guidance on risk self-examination, developing compliance manuals, and embedding compliance requirements into relevant business processes
• Assessing compliance risks faced by the enterprise, issuing reports and providing suggestions on risk management and control
• Assisting companies in applying for U.S. trade re-export licenses for products, technology, software, and services subject to U.S. trade regulations, and providing advisory services on license exemptions
• Assisting companies in legally conducting trade and investment in sensitive countries
• Assisting clients in checking "black list" of trade regulation and economic sanctions against business partners including suppliers, clients, and target companies, and providing compliance reports and corresponding suggestions
• Cooperating with senior U.S. experts and lawyers to form joint legal teams to assist companies in petitioning for removal from the U.S. "black list", communicating with foreign governments, and defending administrative and judicial proceedings, etc.
• Partnering with U.S. attorneys to form joint legal team to provide legal services to clients in response to investigations of U.S. regulatory authorities, and assist clients in communicating and responding to U.S. regulatory authorities
• Assisting clients in strengthening supply chain compliance to meet the legal requirements of the United States Department of Commerce, Department of Homeland Security and other governmental authorities
• Assisting clients in carrying out daily transactions autonomously to ensure the compliance
• Providing customized compliance training for various levels of employees of clients
• Providing dynamic information of U.S. and EU economic sanctions, and regularly sending dynamic information of U.S. and EU Trade control sanctions and suggestions on corresponding measures
• Other compliance services relating to export control and economic sanctions

Our clients include:

• State-owned enterprises and high-tech enterprises including in the semi-conductor, telecommunications and pharmaceutical industries

Our services cover:

• Providing related risk assessments based on corporate business situation and management, and providing compliance suggestions
• Assisting the company in internal investigation and risk prevention
• Establishing anti-corruption and anti-commercial bribery compliance system for the company in accordance with the requirements of the FCPA, and providing clear implementation methods from the set-up to the daily operation of subsidiaries for the company
• Providing compliance training to employees, and ensuring that employees are aware of the compliance risks through the compliance manual, compliance oath and letter of undertaking
• Communicating with and responding to U.S. regulatory authorities or international financial institutions regulatory authorities on behalf of the company

Our clients include:

• State-owned enterprises and high-tech enterprises including in the semi-conductor, telecommunications and pharmaceutical industries

Our services cover:

• Conducting full-cycle compliance control of business partners through measures such as establishment of rules and systems, introduction of business partner access review, due diligence, contract management, performance supervision, inspection and rectification
• Providing model contractual provisions
• Continuously supervising business partners during the performance of the contract, and promptly correcting potential non-compliance of business partners and taking remedial measures
• Providing compliance training to various departments on business partner management, such as training for the management, new staff, etc.
• Enhancing the company's awareness of compliance in anti-bribery and anti-foreign corruption, contract management, export control and economic sanctions and other aspects.

Our services cover:

• National treatment
• Bilateral investment treaties
• Government procurement
• National security review on cross-border investment
• Global supply chain management support
• Court litigation
• Handling disputes arising from various international commodity trade transactions, product quality issues, intellectual property rights infringement cases, cross-border investment projects, etc.