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Trade Disputes Resolution & WTO

Trade Disputes Resolution & WTO

Trade Relief & WTO Affairs

  Trade relief and WTO affairs are part of SUNHOLD’s key businesses. SUNHOLD Trade Relief and WTO Affairs Center has a group of experienced lawyers and accountants both in academic areas and practice. Our business includes anti-dumping measures, anti-countervailing measures, WTO negotiation, disputes resolution, trade barrier investigation, trade related investment measures, service trade, custom laws and etc. Particularly, SUNHOLD’s provide services throughout the whole stages of anti-dumping affairs including appealing during original investigation, various administrative review, judicial review and tax service. SUNHOLD lawyers can fluently use multiple languages and provide efficient, professional trade relief and WTO legal advice. The aim of SUNHOLD Trade Relief and WTO Affairs Center is protecting nation and private sectors’ free trade rights by applied municipal laws and WTO regulations and building a world class legal service brand of trade relief and WTO affairs.

 

Anti-dumping Affairs

  SUNHOLD Trade Relief & WTO Affair Center offers all round professional legal services includes investigating original investigation, providing legal opinion of corporation tax affairs, acting on rehearing and judicial review. SUNHOLD Trade Relief & WTO Affair Center has a system of whole set of detailed process, key focus and check node of quality control which covers all steps and stages during anti-dumping procedure. SUNHOLD’s all-round legal services not only fight for best results during anti-dumping procedure but also providing subsequent monitoring and maintenance service. SUNHOLD helps our client to sufficiently and correctly use beneficial tariff based on the different nations’ features of anti-dumping tax assessment. In this way, the corporation could maintain low tax rate or zero tax rate though it unfortunately restricted by anti-dumping tax. SUNHOLD also help those corporations which failed the original case investigation to seek a proper opportunity to apply temporary review by which could change the negative export status. Otherwise, SUNHOLD also provide permanent alerting information and legal opinion for corporation and industry.

 

  Our Expertise:

    Litigation Investigation

    Plan and made litigation strategies and plans; prepare and submit investigate questionnaires; prepare and submit surrogate demurrers; fight for market status / separate judgments; prepare and take part in field investigation; prepare and take part in hearing; made demurrers for dumping decisions; acting on behalf of our client to made no harm defense; facilitate price commitments based on client’s requirements; provide legal opinion and agent for tax affairs.

    Appealing Investigation

    Before Place on File

    Plan and made appealing strategies and plans; appealing public relations; evaluation of domestic industrial condition; evaluation of related product export condition; evaluation of anti-dumping subject and product; application of place on file.

    After Place on File

    Prepare and submit damage investigation questionnaire; prepare and accept field investigation; prepare and take part in hearing of dumping and damage adjudication; response to the opposite side’s requirement of price commitments.

    Retrial Investigation

    Annual retrial; sunset retrial; new export retrial; temporary retrial; portion temporary retrial; anti-circumvention; anti-absorption.

    Judicial Investigation

    Judicial investigation of anti-dumping investigation; judicial review of WTO disputes

 

  SUNHOLD Trade Relief & WTO Affair Center has a system of whole set of detailed process, key focus and check node of quality control which covers all steps and stages during anti-dumping procedure. SUNHOLD’s all-round legal services not only fight for best results during anti-dumping procedure but also providing subsequent monitoring and maintenance service.

我们提供的反倾销调查全程专业法律服务不仅在反倾销调查中为应诉企业争取最好的结果,而且为企业提供后续监控和维护服务。根据各个国家(地区)的反倾销税评定和征收程序的特点,帮助企业充分、正确地使用优惠税率。即使企业不幸遭受反倾销税制约,也有可能维持低税率或零税率。

 SUNHOLD helps our client to sufficiently and correctly use beneficial tariff based on the different nations’ features of anti-dumping tax assessment. In this way, the corporation could maintain low tax rate or zero tax rate though it unfortunately restricted by anti-dumping tax. SUNHOLD also help those corporations which failed the original case investigation to seek a proper opportunity to apply temporary review by which could change the negative export status.

  SUNHOLD also provide permanent alerting information and legal opinion for corporation and industry.

 

Anti-countervailing Affairs

  Anti-countervailing is one of trade protection measures which WTO allowed. Anti-countervailing measure is less frequently used than other anti-dumping measures. However, US modified its policy which never starts anti-countervailing investigation of non-market economies. Since July 27, 2005, US began its anti-countervailing or anti-dumping investigation towards Chinese products. Developed countries, such as Canada and Australia, followed US. As so far, China and Chinese corporations have suffered tens of anti-countervailing investigation or anti-dumping & anti-countervailing joint investigation.

  Chinese government and corporation have to spend great efforts to cope with anti-countervailing investigation which initiated by other WTO members. Furthermore, the measure of surrogate will be history since expiry date (Nov 10, 2016) of clause 15 of Protocol on the Accession of the People’s Republic of China is getting closer and closer. We can easily predict that more and more anti-countervailing measures will be applied by foreign governments.

  SUNHOLD Trade Relief & WTO Affairs Center (hereinafter referred as SUNHOLD TR & WTO Center) provides all round legal services for enterprises and government. Our services includes preparing and submitting questionnaire, damage defense, preparing and participating in field investigation, preparing and participating in hearing, lobbying import nations and etc. Otherwise, we offer alerting and case tracking services for anti-countervailing investigation and measures of US, Canada, India and other countries. We also provide analysis and evaluation of countervailing real condition based on client’s requirements.

  Our Expertise:

  All round legal service for enterprises and government to participated in anti-countervailing

  Providing alerting and case tracking services for anti-countervailing measures initiated by foreign countries

  Analyzing and evaluating the real condition and influence which enterprise gain countervailing

 

Measure of Safeguard

  Safeguard measures belong to trade protection measures which permitted by WTO. For Chinese corporations, measure of safeguard not only contain general protection measures under multilateral rules, but also contain special protection measures and textile special limited measures which are directed against Chinese corporations. Extra attention should be paid for damages brought by these special and limited measures are no less than damages brought by general protection measures.

  As for safeguard measures, SUNHOLD Relief & WTO Legal Service Center will provide all round legal services for corporations and government which includes preparing and submitting investigation questionnaires, damage defense, preparing and participating in field investigation, preparing and participating hearing and lobbying Congress.

  Our Expertise:

  Chinese enterprises cope with foreign special safeguard investigation

  Chinese government copes with safeguard measures & special safeguard measure investigation

 

WTO Disputes Settlement

  Only those nations and regions who dare to use and wisely use WTO rules and regulations could avoid harms and gain benefits for WTO proved to be double-edged sword.

  WTO disputes settlement mechanism is one of most effective way to solve international trade disputes. The procedure of WTO disputes settlement mechanism includes negotiation, mediation, conciliation, panel’s decision, appellate body’s judgment, compensation, suspension of concessions, arbitration and etc. Members of WTO fully affirmed WTO disputes settlement mechanism both in the aspect of its procedure impartiality and its efficiency.

  As for Chinese government and enterprises, they need to fully use WTO regulations to protect their own interests. For example, they should bring cases such as trade barrier and false tech standards which break WTO regulations to WTO Disputes Settlement Body.

  At the same time, Chinese government need to cope with negotiation requirement and litigation which initiated by other WTO members who play with WTO disputes settlement mechanism.

  SUNHOLD Relief & WTO Legal Service Center has long been engaged in WTO disputes case studies. This center owns experts who master all WTO disputes settlements cases and could provide analysis and coping strategy for government and enterprises.

  Our Expertise:

  Providing legal service of WTO negotiation rules for government and enterprise

  Acting on behalf of government and enterprises to cope with WTO trade dispute case

 

Trade Barrier

  Trade barrier, measures to prevent and limit imports and foreign investments, has become one of the major factors which restrained Chinese exports and aboard investment. Using technical standards to limits imports is technical trade barrier and using health quarantine to limits imports is green trade barrier.

  Trade barrier investigation is now becoming a new method to protect interests of domestic enterprises and improve environment of export trade. For example, corporations of Jiangsu and other regions won the case “Japan Trade Barrier Investigation of Laver” which force Japan open its laver markets to Chinese corporations. 

  SUNHOLD Trade Relief & WTO Legal Service provides corporation with all round trade barrier investigation.

 

Service Trade

  Service trade is a new area in the process of international trade liberalization. The feature of service trade liberalization is the differences of service trade market opening degree between nations, for example, investment limitation, operation restrictions, industry governmental monopoly, entry qualification certification. SUNHOLD Trade Relief & WTO Legal Service Center provides consults related WTO service trade agreement, policies and regulations of entry qualification certification and legal consults for multilateral, bilateral and plurilateral negotiation which government take part in. We are the bridge between foreign enterprises and Chinese service trade corporations which provides services for their coordination.

 

Investment Measures Related to Trade

  Trade liberalization inevitably promotes the development of investment liberalization and stimulates the rapid growth of cross-national investment. Although most countries are dying to attract more foreign capital and made policies and certain regulations which encourage foreign investment, they also made limitations which later became trade liberalization barrier for foreign investment to protect domestic industries. Therefore, Agreement on Trade related Investment Measures of WTO made several prohibitive provisions, such as prohibit local purchasing requirement and export restrictions, for those investment measures which badly influenced trade liberalization. SUNHOLD lawyers have abundant experiences in investment. With our advantages of law and relationships as well as the profound theoretical basis and lawsuit practices, SUNHOLD Trade Relief & WTO Legal Service Center provides legal consulting services in legislation for government, provides legal opinion for corporation investment decisions and also provides legal service for disputes related to trade and investment measures.

  Our Expertise:

  Providing consulting services of investment affairs for government

  Providing legal opinion for corporation investment decision

  Participating in the settlement of trade and investment disputes

 

Custom Law

  SUNHOLD Trade Relief & WTO Legal Service provides consulting services of Chinese custom law which include custom goods classification, customs valuation, and survey before shipment, disputes and investigation of source area, import and export license, tariff-rate quota, processing, compensation trade, tariff preference and other custom affairs. We also cooperate with many other top law firms to provide legal consults. We also act on behalf of our client for tax inspection and custom disputes cases.

  Our Expertise:

  Providing consulting services of Chinese custom law

  Acting on behalf of client for custom disputes case

PROFESSIONAL LAWYER