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Overview

T&D represents one of the leading international trade practices in China, which satisfies the clients' demand for specialized advice concerning international trade law on all aspects applicable to goods and services.  
 
We represent domestic and foreign companies, organizations and governments in antidumping, countervailing duty, safeguard, and other proceedings involving unfair trade practices; import and export controls and customs regulations; rules of origin; market access; product classification; and transfer of pricing; etc. We also represent clients in litigation or dispute settlement before the World Trade Organization, and lobbying before authorities and political representatives.
  
The International Trade Group consists of experienced lawyers and professionals highly specialized in trade matters with the ability of using both Mandarin and English. Our lawyers, with substantial and unique experiences, play important leadership roles in assisting private multinational clients. Our International Trade Group also assists with sovereignties in antidumping and safeguard proceedings before Chinese, EU and American authorities. These proceedings cover a broad range of products of which some include steel, chemical products, agriculture and machinery and equipments.
   
T&D  trade lawyers have also actively participated in China's trade legislative process, which enables us to better advise clients on the effects of China's foreign trade legislation under multilateral agreements, bilateral agreements and other economic laws and regulations. A number of our lawyers and professionals have previously held important positions in China's trade related government institutions such as MOFCOM, providing them in-depth experience in handling antidumping and countervailing duties investigations.
   
The International Trade Group also coordinates with other departments in T&D where trade law issues are an important consideration in transactions or disputes. Owing to the solid relationship that the International Trade Group has developed with other law firms in the USA, Europe, Japan and Korea, in addition to cooperation with a network of independent firms, we are able to provide worldwide coverage to our clients on trade issues.
   
T&D has earned this reputation by ensuring that its clients attain their objectives through timely and effective responses to complete deals, and the mitigation of problems and evaluation of options.

Anti-dumping Experience

Original Antidumping Investigations
 
In 1997, T&D was the first law firm to represent a Canadian company for China's first anti-dumping investigation, i.e. newsprint from Canada, USA and Korea.

 

In 2000, with T&D’s assistance, our clients signed China's first anti-dumping suspension agreement in the stainless steel anti-dumping investigation, which allows the foreign exporters’ market share to remain in China.

 

In 2001, T&D represented twelve of the fifteen responding companies as well as the Japanese, Korean and Thai Governments throughout the whole investigation of the Polystyrene case.  On behalf of our clients, we won the first ever no injury determination in MOFTEC/SETC preliminary findings and successfully terminated the investigation.

 

In 2003, with T&D's assistance, Aekyung Petrochemical Co., Ltd., a Korean based company, received a 0% margin rate in the final determination of the Phthalic Anhydride case.

 

In 2003, with T&D's assistance, Asahi Co., Ltd., a Japanese based company, received a 0% margin rate in the final determination of the SBR case.

 

In 2003, with T&D's assistance, LG Chem, Mitsui and NPU received the lowest margin rate in the final determinations of the PVC case, the TDI case and the Phenol case respectively.

 

In 2003, with T&D's assistance, all responding companies (BASF, Kumho-Mitsui, Mitsui Takeda, NUP and Sumika-Bayer) terminated the MDI anti-dumping investigation.

 

On November 14, 2004, with T&D's assistance, Optimal Chemical (Malaysia) Sdn Bhd (Dow Chemical’s subsidiary in Malaysia) obtained the lowest margin rate among all responding companies in the final determination of the Ethanolamine case.

 

On November 30, 2004, with T&D's assistance, Dow Chemical and Vulcan signed the Price Undertaking Agreement with MOFCOM for the Chloroform case, which allows the clients’ market share to remain in China.

 

On January 1, 2005, with T&D's assistance, Corning Inc. obtained the lowest margin rate with 1.51% (de minimis, no dumping duty will be paid) in the Optical Fiber case.

 

On April 28, 2005, with T&D assistance, INVISTA Far Eastern Co., Ltd. (formerly DuPont Far Eastern Co. Ltd.) received a 0% margin rate in the final determination in the Nylon 6, 66 case.

 

On September 21, 2005 with T&D's assistance, Dow Chemical Company, a US based company, received a 4.3% margin rate in the preliminary determination of the ECH case.

 

On November 16, 2005 with T&D's assistance, Exxon Mobil Corporation obtained the lowest margin (3%) among all responding companies in the preliminary determination of the EPDM case.

 

On January 16, 2006, with T&D's assistance, Dow Corning Corporation (US) and Dow Corning Limited (British) obtained the lowest margin rate among all responding companies in the final determination of the Dimethyl Cyclosiloxane case.

 

On January 31, 2007 with T&D's assistance, Mitsubishi Chemical Corporation and HANWHA Chemical Corporation (Korea) won the non- injury determination of the Octanol case.

 

On March 2, 2007, with T&D's assistance, Dow Chemical Company and OPTIMAL Chemicals (Malaysia) Sdn. Bhd. (Malaysia) won the non-injury determination of the Butanol case.

 

On November 1, 2009, with T&D's assistance, BASF SE, an EU based company, received a 9.8% margin rate in the final determination of the Adipic Acid case. 

 

On October 19, 2009, with T&D's assistance, BASF ANTWERPEN N.V., an EU based company, obtained the lowest margin (8%) among all EU responding companies in the preliminary determination of the PA 6 case.

On October 19, 2009, with T&D's assistance, DOMO Caproleuna GmbH , received a 8.2% margin rate in the preliminary determination of the PA 6 case.

 

On October 19, 2009, with T&D's assistance, DSM Engineering Plastics B.V., received a 8.2% margin rate in the preliminary determination of the PA 6 case.

 

On February 2, 2010, with T&D's assistance, Hyosung Corporation, received a 2.7% margin rate, one of the lowest margin rates among all respondents, in the preliminary determination of the TPA case.

 

On April 13, 2010, T&D assisted AK Steel Corporation received the lowest subsidy margin rate among all respondents in China's first antidumping and antisubsidy investigation, i.e., the case against GOES from the US and Russia.

 

On April 21, 2010, T&D helped BASF ANTWERPEN N.V. received the lowest margin rate among respondents from the US and the EU, in the case against PA6 from the US, the EU, Russia and Taiwan Region.
 
On December 23, 2010, Saudi Basic Industries Corporation, represented by T&D, participated in MOFCOM’s anti-dumping investigation of Methanol originated from Saudi Arabia, Malaysia, Indonesia and New Zealand. MOFCOM finally decided to terminate the anti-dumping investigation against Saudi Arabia.
 
On April 21, 2011, assisted by T&D, Corning Corporation got a 5.4% margin in MOFCOM’s anti-dumping investigation into dispersion unshifted single-mode optical fiber originated from the EU and the US.
 
On October 18, 2011, assisted by T&D, UBE CHEMICAL EUROPE, S.A got a 2.6% margin in MOFCOM’s anti-dumping Investigation against caprolactam Imports from the E.U. and the U.S. Also represented by T&D, DOMO Caproleuna GmbH got a 3.2% margin in the same case.
 

Anti-Dumping Reviews
 
T&D Associates is the one of the best law firms in China that represents foreign exporters in China's anti-dumping review proceedings.
 
In 2002, T&D assisted a Korean company in launching China's first anti-dumping review proceeding regarding PET film from Korea.  We requested that MOFCOM re-calculate the dumping margin of our client, which allowed us to successfully lower our client’s dumping margin to 0%.
 
In 2004, T&D assisted a Korean company in initiating the anti-dumping review regarding PET Chip from Korea.
 
In 2004, T&D assisted a Malaysian company in initiating the anti-dumping review regarding acrylic ester from Malaysia.
 
In 2004, T&D assisted an Indonesian company in initiating the anti-dumping review regarding acrylic ester from Indonesia.
 
In 2005, T&D assisted BASF Korea in responding to the anti-dumping review regarding TDI from Korea.
 
In 2006, T&D Associates assisted OPTIMAL in initiating interim review regarding EOA from Malaysia.
 
In 2006, T&D Associates assisted Ineos Chlor Limited (UK) in initiating sunset review regarding Methylene Chloride from US, Germany, Netherlands, UK and Korea.
 
In 2007, T&D Associates assisted Dow Corning in initiating interim review regarding Silicones from the United Kingdom.
 
On April 4, 2008, with T&D's assistance, Dow Corning Limited reduced the margin rate from 13% to 5.4% in the interim review of imported Dimethyl Cyclosiloxane from England.
 
In 2008, T&D Associates assisted BASF PETRONAS (Malaysia) in initiating sunset review regarding AE from Korea, Malaysia, Singapore and Indonesia.
 
In 2008, T&D Associates assisted BASF Korea in responding to sunset review regarding TDI from Korea.
 
In 2009, T&D Associates assisted INEOS Americas LLC in responding to sunset review regarding EOA from Japan, the US, Malaysia, and the Taiwan Region.


On March 22, 2012, T&D represented FUJIFILM Manufacturing U.S.A., Inc. received the lowest margin rate in the final determination of the anti-dumping investigation against Photographic Paper and Paper Board originating from the US, the EU and Japan.


On January 20, 2014, T&D assisted Hemlock Semiconductor Corporation received the lowest margin rate among respondents from the US, in the case against Solar-Grade Polysilicon from the US and Korea.


On April 4, 2014, T&D assisted Cosmo Specialty Fibers, Inc. receive the lowest margin rate among the respondents from the US in the final determination of the anti-dumping investigation against Cellulose Pulp from the US, Canada and Brazil.


On May 18, 2015, T&D assisted Sumitomo Electric Industries, Ltd. received the lowest margin rate among respondents from Japan in the preliminary determination of the anti-dumping investigation against Fiber Preform from Japan and the US.


On December 1, 2015, T&D assisted Lucite International Singapore Pte. Ltd. received the lowest margin rate (6.7%) in the final determination of the anti-dumping investigation against MMA from Singapore, Thailand and Japan.


Anti-dumping Legal Services

 I.  Professional, experienced and qualified team
 
1. The earliest bird in China antidumping practice:
In 1997, T&D represented its first client in the first antidumping investigation initiated by the Ministry of Commerce of the People’s Republic of China (“MOFCOM”). Since then, T&D antidumping team has been involved in 53 out of the total 75 antidumping cases initiated by MOFCOM, and therefore have accumulated extraordinarily abundant experience in counseling clients in China’s antidumping proceedings.
 
2. Committed team with strong leadership and qualified professionals:
John Yong Ren, the founder and managing partner of T&D, before studying abroad and working with an outstanding international firm, served in a Chinese governmental authority for many years. Mixed education and career background always makes John in a good position to serve as a communication bridge between the investigation authority and the responding companies. Under the strong leadership of John, the T&D team, comprising of qualified professionals with both law background and economic background, is committed to providing long-term assistance for each of its clients.
 
II.  Impressive achievements
 
Over the past 15 years, on behalf of its clients, T&D team has got a wealth of impressive achievements as below which make it stand out among competitors:

     0% dumping margin for 7 companies out of the total 8 before MOFCOM;
    successful non-injury defense in 4 out of the total 4;
    3 price undertakings out of the total 5;
    participation in the first AD/CVD case of China;
    representing 9 respondents in China’s sole safeguard case.

 
Specifically on the margin side, T&D assisted Corning Inc. in the investigation against Optical Fiber from the U.S., Japan and Korea and received a de minimis margin (1.51%) in the final determination in 2005. Corning got the lowest margin among all the respondents and was the only one that paid no duty on that case.
 
On February 2, 2010, assisted by T&D, Hyosung got a 2.7% margin (one of the lowest among all the respondents) in the preliminary determination of the TPA case.
 
On December 23, 2010, Saudi Basic Industries Corporation, represented by T&D, participated in MOFCOM’s anti-dumping investigation of Methanol originated from Saudi Arabia, Malaysia, Indonesia and New Zealand. MOFCOM finally decided to terminate the anti-dumping investigation against Saudi Arabia.
 
On April 21, 2011, assisted by T&D, Corning Incorporated got a 5.4% margin in MOFCOM’s anti-dumping investigation into dispersion unshifted single-mode optical fiber originated from the EU and the US.
 
On October 18, 2011, assisted by T&D, UBE CHEMICAL EUROPE, S.A got a 2.6% margin in MOFCOM’s anti-dumping Investigation against caprolactam imports from the E.U. and the U.S. Also represented by T&D, DOMO Caproleuna GmbH got a 3.2% margin in the same case.
 
On the injury side, T&D in 2007 successfully assisted Dow and Optimal to get the Butanol case concluded with non-injury determination. And the same also happened to Hanwha and Mitsubishi in the case against Octanol in the same year.
 
III.    Favorable reputation
 
Through its long-lasting commitment, T&D has built very good reputation not only among its clients but also among the overall antidumping society.
 
1.    Strong and loyal clients base
Over the past 15 years, T&D has won high-level trust from its clients all over the world including Dow, BASF, Corning, ExxonMobil, GE, Dupont, Shell, DOMO, DSM, Mitsubishi, Hanwha, Hyosung, SABIC, PETRONAS, etc.
 
Particularly, Dow and BASF have been assisted by T&D in China’s antidumping proceedings for more than 10 years.
 
2.     Favorable comments from third-party institution
T&D’s great performance in antidumping field was noted and reported by quite a lot of third-party institutions, such as CNN, Reuters, LexisNexis, and USA Today.
 
What is noteworthy is that T&D was shortlisted for Chambers Asia Award China 2010 in international trade. The awards recognize a law firm’s pre-eminence in key practice areas in China.
 
IV.   Ability to provide sweeping service
 
T&D participated in all the phases of antidumping investigations, including original investigation, interim review, and sun-set review and is capable of assisting the clients in all aspects relating to an antidumping investigation.
 
Particularly, in order to achieve the best result for its clients, T&D always dispatches a team to the domicile of the responding company to provide on-site assistance in filling out MOFCOM’s questionnaires. This arrangement will on one hand help the clients quickly understand the investigation authority’s practice, on the other hand allows T&D work group to have a good knowledge of the company’s sales channel, merchandise flow, manufacture costs/expenses, and all other aspects important for responding to an investigation. As such, with T&D’s assistance, the company will be able to decide the best responding strategy and avoid any possible negligence caused by lack of full communication with its outside counsel at the very initial stage and also can finish the response in an efficient manner with reduced time input.
 
V.  Smooth and effective communication with MOFCOM
 
Through its 15-year commitment, T&D has established a very smooth and effective communication channel with the investigation authority by always taking a cooperative approach and responding to the authority’s request with satisfactory work in a timely manner.
 
Furthermore, familiarity with the authority’s internal work procedure, normal practice and even the case official’s personality will help clients act in an appropriate manner before the authority.


In 2015, T&D Associates assisted FUJIFILM Manufacturing Europe B.V. and FUJIFILM Manufacturing U.S.A., Inc. in responding to the interim review regarding photographic paper and paper board from the EU, the US and Japan.


In 2017, T&D Associates assisted Lucite International Singapore Pte. Ltd. in responding to the interim review regarding MMA from Singapore, Thailand and Japan.


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