Day 1 - Tuesday, October 20, 2015

8:30
Registration and Refreshments
9:00
Co-Chairs Welcoming Remarks
9:15
Keynote Address: Trade Defence in aChanging Global Landscape
9:30
“Change to the Supply Chain,” “Change to theOrigin of Goods,” “Assembly or Movement ofGoods to Hide Origin”: Minimising the Risksof Circumvention Measures
10:30
Morning Refreshments
10:45
Monitoring the Trade Defence Landscape: Meeting the Provisions of Anti-Dumping Measures whilst Lobbying
12:00
Networking Luncheon
1:15
The Development and Implementation of Anti-Dumping, Subsidy, Safeguard Proceedings and the Contingencies to Your Trade
2:15
Coffee Break
2:30
A View from the Member States
3:45
Recent Legislation, Case Law and PoliciesShaping the Trade Defence Disputes and Barriers
4:45
Forum Adjourns

Day 2 - Wednesday, October 21, 2015

8:00
Morning Refreshments
8:30
Opening Remarks by Co-Chairs
8:45
Europe’s Trade Relations with China
10:30
Morning Refreshments
10:45
How Anti-Dumping Investigations areConducted: The Technical Aspects andTrade Remedies
12:00
Networking Luncheon
1:15
The Optimum Structure, Roles and Responsibilities of Trade Defence within your Organisation
2:30
Afternoon Refreshments
2:45
Managing Supply Chain Organisation andCosts of Imported Goods when a Trade Defence Measure Comes into Place
3:45
Demystifying the Multifaceted Calculations:The Drivers of Dumping Duties and How toControl Them
4:30
Issues on the Horizon for InternationalTrade Disputes: Litigating TDI Cases Beforethe National and EU Courts
5:30
Co-Chairs Closing Remarks
5:45
End of Forum

Day 1 - Tuesday, October 20, 2015

8:30
Registration and Refreshments
9:00
Co-Chairs Welcoming Remarks

Prof. Jacques Bourgeois
Senior Advisor
Sidley Austin LLP (Belgium)

Gerhard Hannes Welge
Hearing Officer
European Commission (Belgium)

9:15
Keynote Address: Trade Defence in aChanging Global Landscape

Maria Åsenius
Head of Cabinet Commissioner, MALMSTRÖM Trade
European Commission (Belgium)

9:30
“Change to the Supply Chain,” “Change to theOrigin of Goods,” “Assembly or Movement ofGoods to Hide Origin”: Minimising the Risksof Circumvention Measures

Edwin Vermulst
Partner
VVGB (Belgium)

Paulette Vander Schueren
Partner
Mayer Brown (Belgium)

Folkert Graafsma
Partner
Holman Fenwick Willan (Belgium)

  • Circumvention of anti-dumping/countervailing measures
    • What are the key triggers and criteria
    • The relevant conditions to find circumvention
    • Circumvention and WTO law and the conditions to obtain an exemption
    • The effects of anti-circumvention measures on exporters and importers
  • What should companies check to avoid circumvention involved in origin of goods
    • Introduction to the concepts of preferential and non-preferential origin of goods
    • The difference between the concept of origin from a customs perspective and from a trade defence perspective
  • Key Lessons Learned from Third Country Circumvention: The Example of Bicycles
    • What are the risks to your business
    • The extension of anti-dumping duties
    • The retroactive application back to initiation investigation
    • OLAF customs fraud investigations: further retroactivity, fines and imprisonment
    • Don’t rely blindly on origin declarations (C/Os or Form A)
    • Knowledge of the rules and preparation on minimising risks

10:30
Morning Refreshments

Trade Associations Perspective

10:45
Monitoring the Trade Defence Landscape: Meeting the Provisions of Anti-Dumping Measures whilst Lobbying

Karl Tachelet
Director International Relations
EUROFER (Belgium)

Dr James Watson
Chief Executive Officer
SolarPower Europe (Belgium)

Rene Van Sloten
Executive Director of Industrial Policy
CEFIC (Belgium)

Ralph Kamphoner
Director of Policy
Eurocommerce (Belgium)

Sean Mackle
Director, Trade & Economic Policy
Fertilizers Europe (Belgium)

Stuart Newman
Legal Advisor
Foreign Trade Association (Belgium)

Moderator:

Clive Stanbrook OBE QC
McDermott Will & Emery (Belgium)

  • Early notifications of anti-dumping measures
    • Where to get early notifications
    • The debate around a trade defence measure before it comes into play
  • How EU producers and importers take part during an investigation
    • What data needs to be compiled in order to respond to the EU Commission dealing with foreign countries and the reverse situation
    • The deadlines that have to be met once an AD measure is enforced
    • What your legal team requires under the massive data collection policy
    • When do you look at imports from foreign countries?
  • Lobbying and seeking out other stakeholders
    • What are your rights
    • How to effectively participate
    • Who to involve?
  • Monitoring the market and gaining greater transparency
    • Monitoring possible trade defence investigations
    • Statistics on investigations: countries and products
  • How to tackle unfair trade practices: price distortion of raw materials
    • The anti-dumping measures in place for your industry
    • The impact of competitiveness in Europe
    • The trade defence Instruments used in settling disputes in the WTO

12:00
Networking Luncheon
1:15
The Development and Implementation of Anti-Dumping, Subsidy, Safeguard Proceedings and the Contingencies to Your Trade

Dr. Rainer Bierwagen
Partner
Beiten Burkhardt (Germany)

Christofer Fjellner
MEP
European Parliament (Belgium)

  • Anti-dumping and Anti-Subsidy Proceedings in the EU
    • Procedure: how to navigate through the procedural complexities of trade defence investigations
    • Practical approach: on which grounds can measures be avoided or reduced
    • Impact: how efficient are trade defence measures
    • You are an exporter: what do trade defence measures mean for your business
    • You are an importer: what do trade defence measures mean for your business
    • You are a Union producer: how can you use trade defence instruments
    • How businesses are in practice affected by general trade defence policies
  • Judicial Review
    • Judicial review of trade defence measures
  • The latest developments
    • Introduction to the Commission’s proposal: reform of the EU’s trade defence instruments
  • The US angle
    • The US trade defence system: main differences with the EU
    • Practical implementation of trade defence in the US
    • What are the main current ongoing issues?

2:15
Coffee Break

Member States Perspective

2:30
A View from the Member States

Torsten Anderson
Director for EU and International Affairs
Danish Business Authority (Denmark)

Stephen Johnston
Economic Advisor
BIS Trade Policy Unit (UK)

Dr Holger Hohmann
Legal and Compliance Competition
Siemens AG (Germany)

Isabelle Ahlstrom
Trade Policy Advisor, Department for WTO Affairs
Swedish National Board of Trade (Sweden)

Moderator:

Yves Melin
Partner
McGuireWoods (Belgium)

  • The role of Member States when Preparing a complaint
    • The role of Member States
    • Important items to prepare a complaint
    • The role of the European Commission
  • Communicating with the regulators
    • Understanding what has been communicated with the regulators
    • The ability to obtain clear information from authorities
    • Cooperating in trade defence investigations
  • How do member states experience anti-dumping investigations in practice?
  • What are the challenges of SMEs across sectors?
  • Are EU anti-dumping investigations sufficiently transparent?

3:45
Recent Legislation, Case Law and PoliciesShaping the Trade Defence Disputes and Barriers

Till Mueller – Ibold
Partner
Cleary Gottlieb Steen & Hamilton (Belgium)

Michael Lux
Lawyer
Michael Lux BVBA (Belgium)

Eric Pickett
Lawyer
Anwaltskanzlei Pickett (Germany)

Vasiliki Avgoustidi
Dispute Settlement Lawyer
WTO (Switzerland)

  • Recent cases
    • Solar panels investigation
    • Steel investigations
    • The long term Bicycles measure
    • Biodiesel cases against Indonesia and Brazil
  • Lessons learned
    • Potential cases and products at risk
    • With which countries you should exercise extreme caution
    • What should we expect from the European Courts
    • EU judicial review and WTO law
  • The consequences of
    • Compliance/non-compliance with the regulations/EU Commission/regulations imposing protective measures
    • EU Judgments/WTO reports – what happens if a case is won or lost by a country, an exporter, importer or Union Industry?
    • Regulations: Trade Barriers Regulation …
    • Lessons from recent findings of the WTO panels and Appellate Body

4:45
Forum Adjourns

Day 2 - Wednesday, October 21, 2015

8:00
Morning Refreshments
8:30
Opening Remarks by Co-Chairs

CHINA

8:45
Europe’s Trade Relations with China

Lourdes Catrain
Partner
Hogan Lovells (Belgium)

Laurent Ruessmann
Partner
Fieldfisher (Belgium)

Bernard O’Connor
Partner
NCTM (Belgium)

Inès Van Lierde
Secretary General
Euroalliages and Aegis Europe (Belgium)

James Kenneth Lockett
VP, Head of Trade Facilitation and Market Access
Huawei (China)

Bogdan Evtimov
Partner
Dentons (Belgium)

  • Overview of the import/export environment of China
  • The treatment of China’s Non-Market Economy Status (MES)
  • Granting MES to companies in China and the European institutions
    • Will China be granted MES in 2016?
    • Past experiences with a newly granted market economies status
    • Points of comparison: Russia in 2002 after being granted MES
    • What lessons did the EU learn and how might these lessons manifest themselves in dealings with China
    • How did European producers and associations act then and what are possible reactions in 2016 and beyond
    • Role of the WTO settlement dispute mechanism
  • The controversies surrounding Europe’s trade relations with China and it’s Market Economy Status;
    • What are the policy implications
    • How WTO membership of China allow businesses to function
    • Cases against China concerning the regulatory elements involved in the Chinese export system
  • China’s perspective
    • WTO membership
    • China’s reaction to trade defence measures of the EU and other countries
    • The prices for comparison in different markets
  • The anti-dumping cases initiated against European companies
    • The shift from Chinese companies, which continue to be a major target to European companies that are a target of very tough Chinese anti-dumping cases

10:30
Morning Refreshments

Investigations

10:45
How Anti-Dumping Investigations areConducted: The Technical Aspects andTrade Remedies

Gerhard Hannes Welge
Hearing Officer
European Commission (Belgium)

James Killick
Partner
White & Case (Belgium)

Dr. Georg Berrisch
Partner
Baker Botts (Belgium)

  • Rules and conditions to justify an investigation
    • Evidence of prima facie dumping/subsidies, material injury or threat of injury and Union interest
    • Identification of the domestic market industry that is injured or threatened
    • Defining material injury
    • Causal link between the dumped/subsidised imports and the injury
  • Understanding the
    • Stages of the procedure
    • The decision making and the decisions
    • Deadlines and other procedural aspects
    • The role of the Commission
  • Investigations
    • How can investigations be made easier for companies
    • What changes does the industry wish to see and what is going to happen
  • Addressing proposed measures in any investigation and taking steps to defend the imposition of measures to minimise their impact
  • Responding to an investigation
  • Double Investigations: The impact of concurred parallel AD/AS investigations for the same product
  • Auditing
    • Implementing self-audit procedures and audits of supplies
    • Internal and external audits and resolving issues of non-compliance
    • Analysis of the dumping margin
    • How to cooperate in order to increase chances to obtain a lower the anti-dumping or countervailing duty?
  • Aftermath of investigations
    • When to check and review measures
    • New exporters reviews
    • Refund procedures

12:00
Networking Luncheon

Benchmarking Panel Discussion

1:15
The Optimum Structure, Roles and Responsibilities of Trade Defence within your Organisation

Roberto Soprano
International Trade Counsel EMEA
Huntsman (Belgium)

Jodie Roussell
Head of Public Affairs
Trinasolar (Switzerland)

James Kenneth Lockett
VP, Head of Trade Facilitation and Market Access
Huawei (China)

  • What should be the roles responsibilities and structure
  • Strategies on how to incorporate an effective role in your company
  • Who should be dealing with trade laws and when should you contact your legal team
  • How to warrant the correct management of your company
  • Ensuring that the key issues for trade defence measures end up at the right desk before it is too late
  • When to be aware of measures against foreign countries
  • Facing an trade defence at the frontline of your operations and the coping mechanisms
  • Changing the function of your team to prepare for any pitfalls
  • Taking into consideration any Advance Price Agreements (APA) to avoid any disruptions in price transfers
  • When and how to communicate with the authorities and foreign countries
  • Feeding back information to your company and keeping yourself informed of trade defence measures

2:30
Afternoon Refreshments

Supply Chain Organisation Panel Discussion

2:45
Managing Supply Chain Organisation andCosts of Imported Goods when a Trade Defence Measure Comes into Place

Delphine Neveux
Global Customs Director
Michelin (France)

Jochen Hauff
Managing Director and Head of Energy Industry, Policy and Organisation
BayWa r.e. (Germany)

  • What impact trade defence has on the supply chain
  • Knowing your customer/supplier
    • The comparison of inbound and outbound processes
    • Looking at your suppliers and know what they are doing
    • Whether your suppliers are subject to trade defence measures
    • How customs rules differ between ports
    • Protection against the import of counterfeit goods
    • How foreign companies adapt to port of entry differences and expedite clearance
    • Overcoming challenges associated with product related governmental restrictions
  • Trading after you have already entered into agreements for the purchase and subsequent sale of goods
  • Manufacturers Perspective
    • The customs mechanisms of not having to pay duties under certain conditions
  • Retailers Perspective
    • How retailers are responding to the duties
    • What is taken into consideration when buying products to sell
    • Increasing the leeway under the customs process to avoid duties
    • The customs mechanisms on paying duties under certain conditions
    • When to move suppliers
    • The profit margins and understanding the related customs duties
Calculations

3:45
Demystifying the Multifaceted Calculations:The Drivers of Dumping Duties and How toControl Them

Daniel Cannistra
Partner
Crowell & Moring (USA)

Renato Antonini
Partner
Jones Day (Belgium)

  • The drivers of dumping duties and how to control them
    • How dumping margins are calculated
    • How injury margins are calculated
    • The elements that really count in the injury assessment
    • The pitfalls of the causation assessment
    • The burden of proof
    • Can we go to a more standard and transparent approach of injury and causation assessments
  • How Does customs law offer the possibility to mitigate the impact of anti-dumping measures
    • Customs valuation
    • Classification
    • Origin
    • Tariff quotas and suspension

4:30
Issues on the Horizon for InternationalTrade Disputes: Litigating TDI Cases Beforethe National and EU Courts

Pascale Hecker
Referendaire,
Court of Justice of the European Union (Belgium)

Jean-Francois Brakeland
Legal Service DG Trade
European Commission (Belgium)

Arnoud Willems
Partner
Sidley Austin (Belgium)

  • Reflections on the statistics re trade defense cases at the national court, General Court and ECJ
  • Standing of various parties in TDI cases, differences between the national and EU courts
  • Discussion of the acts that can be challenged
  • Assessment of successful procedural arguments
  • Assessment of successful substantive arguments
  • Best practices in litigation
  • Consequences of an annulment or invalidation
  • The tension between a political decision and a legal procedure
  • The importance of transparency in the administrative phase for court cases
  • Actual effect of judgments for the applicants, third parties and future cases

5:30
Co-Chairs Closing Remarks
5:45
End of Forum