Day 1 - Tuesday, October 11, 2016

8:30
Registration and Refreshments
9:00
Opening Remarks by Chairs
9:10
Keynote Address: Trade Defence Post the Decision of Market Economy Status by the EU Commission
9:30
International Developments in Trade Defence Measures and Proceedings; Ensure your Company is Not Caught Off-Guard by Foreign Trade Defence Activities
10:30
Morning Refreshments
10:45
How Companies Can Benefit from the EU’s Reform of Trade Defence Instruments including Proposed Changes to Lesser Duty
11:30
How to Strengthen your Case through the Increasing Transparency in Trade Dispute
12:00
Networking Luncheon
1:15
Litigating Trade Defence Measures and the Enforcement of the Court of Justice Trade Defence Measures Judgments
2:15
Participating in Trade Defence Investigations: International Perspectives How to Prepare and Get your Position Heard
2:45
Effectiveness of Alternative Trade Measures: What you can Gain from Floor Pricing on the Grain-Oriented Steel Industry
3:45
Afternoon Refreshments
4:15
Optimisation Structure, Roles and Responsibilities of Trade Defence within Your Organisation
5:15
Forum Adjourns

Day 2 - Wednesday, October 12, 2016

8:15
Morning Refreshments
8:45
Opening Remarks by Chairs
9:00
Trade Defence Cases in the US, Mexico and Beyond: What to Expect and How to Prevail in Foreign Trade Defence Cases
10:00
Recent Legislation, Case Law and Policies Shaping the Trade Defence Disputes and Barriers
10:30
International Developments and Implementation of Anti-Dumping, Subsidy and Safeguard Proceedings; Ensure your Company is Not Caught Off-Guard by Foreign Trade Defence Activities
11:15
Morning Refreshments
11:30
Walking the Fine Line of Circumvention: Deciphering the Difference Between Strategic Sourcing and Tax Fraud
12:30
Networking Luncheon
1:45
Market Economy Status of China: Europe’s Trade Relations Post a Decision by the Commission
3:15
Q &A with the EU Commission: Future Role of ‘Lesser Duties’ as a Trade Defence Measure
4:00
Afternoon Refreshments
4:15
Dumping Duties, Registration and Retroactive Duties: How to Protect your Organisation from Unexpected Costs
5:15
Forum Ends

Day 1 - Tuesday, October 11, 2016

8:30
Registration and Refreshments
9:00
Opening Remarks by Chairs

Gerhard Hannes Welge
Hearing Officer
European Commission (Belgium)

9:10
Keynote Address: Trade Defence Post the Decision of Market Economy Status by the EU Commission

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

9:30
International Developments in Trade Defence Measures and Proceedings; Ensure your Company is Not Caught Off-Guard by Foreign Trade Defence Activities

Tim Brightbill
Partner
Wiley Rein (USA)

  • Key differences between the US and EU trade defence systems including access to confidential information, approach to Chain and governing agencies
  • Recent changes to trade law in the US and their potential impact on trade defence
  • Brazil’s movement of trade defence to the Ministry of Foreign Affairs: what’s changed
  • Consequences of a Brazilian ‘Brexit’: impact on trade defence if Brazil leaves Mercosur
  • Evolution of trade defence measures in developing countries including Indonesia, Mexico and India

10:30
Morning Refreshments
10:45
How Companies Can Benefit from the EU’s Reform of Trade Defence Instruments including Proposed Changes to Lesser Duty

Stephen Johnson
Economic Advisor, Trade Policy Unit International, Trade and Export Control, Directorate
Department of Business, Innovation and Skills (UK)

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

  • Goals of the EU’s Reform of Trade Defence Measures; transparency, effectiveness and enforcement: what real-life impact will these have on EU producers and users
  • Where the Reform is now: What’s changed since the initial 2013 proposal
  • Anticipated changes to the ‘lesser duty’ rule post Reform
  • Lessons learned from the 2003 Reform and the recent Argentinian Biodiesel ruling by the WTO

11:30
How to Strengthen your Case through the Increasing Transparency in Trade Dispute

Yves Melin
Partner
McGuireWoods (Belgium)

Renato Antonini
Partner
Jones Day (Belgium)

Stuart Newman
Advisor
Foreign Trade Association (Belgium)

  • Major developments in the EU’s transparency of international trade disputes in the last 12 months
    • What has changed?
    • Further steps the Commission can take to increase transparency
  • How companies and associations are using the added transparency to aid in their trade defence cases

12:00
Networking Luncheon
1:15
Litigating Trade Defence Measures and the Enforcement of the Court of Justice Trade Defence Measures Judgments

Arnoud Willems
Partner
Sidley Austin (Belgium)

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

  • Likelihood of success in trade defence litigation cases
  • Review by the Court of Justice: strength and weaknesses
  • Enforcement of CJEU judgments: lessons learned from the recent case law (e.g. cases CM Eurologistik and GLS*, Puma and Clark)

2:15
Participating in Trade Defence Investigations: International Perspectives How to Prepare and Get your Position Heard

Jodie Roussell
Head of Public Affairs
Trinasolar (Switzerland)

Stuart Newman
Advisor
Foreign Trade Association (Belgium)

  • New investigation methods for anti-subsidies: what these means for upstream and downstream businesses
  • Taking part in a trade defence investigation: who has the rights to participate and when?
  • How to become part of the original investigation
  • Managing your expectations: length of proceeding
  • How to prepare
    • Documentation requirements
  • Who to involve
  • When to engage external counsel
  • What actions can a company take if they believe dumping duties were unlawfully imposed?
  • Lessons learned from past cases and investigations
    • Solar Panel case
    • Bicycle case
    • US case
  • Likelihood of success in a trade defence litigation case

2:45
Effectiveness of Alternative Trade Measures: What you can Gain from Floor Pricing on the Grain-Oriented Steel Industry

Richard Luft
Partner
Van Bael & Bellis (Belgium)

  • Alternative forms of defence measures: what the EU and other jurisdictions have employed outside of anti-dumping duties
    • How effective can a European measure be for the user? The producer?
  • What have we learned from the current measures available in the EU (ie: declaring a minimum price for a product rather than anti-dumping duties)
  • Different degrees of dumping duties based on industry sectors: what does this look like in reality?
  • Deep dive into floor prices for grain oriented steel: what the industry thinks about the effectiveness of this alternative measure

3:45
Afternoon Refreshments
4:15
Optimisation Structure, Roles and Responsibilities of Trade Defence within Your Organisation

Roberto Soprano
International Trade Counsel EMEA
Huntsman (Belgium)

Sait Akgun
Senior Managing Partner RFTC
Legal Consultancy LLP (Turkey)

  • Key role responsibility and structure used by companies experienced in trade defence
  • Strategies on how to incorporate an effective role within your company
  • Selecting the most suitable person to take the lead on trade laws: key considerations
  • When to involve the legal team in potential trade disputes
  • Ensuring that key issues for trade defence measures when up on the right desk before it’s too late
  • How to stay on top of defence measures against third party countries
  • Facing trade defence at the frontline of your operations and the coping mechanisms
  • How to best use Advance Pricing Arrangements to avoid disruption in price transfers
  • When and how to communicate with the authorities

5:15
Forum Adjourns

Day 2 - Wednesday, October 12, 2016

8:15
Morning Refreshments
8:45
Opening Remarks by Chairs

Gerhard Hannes Welge
Hearing Officer
European Commission (Belgium)

9:00
Trade Defence Cases in the US, Mexico and Beyond: What to Expect and How to Prevail in Foreign Trade Defence Cases

Tim Brightbill
Partner
Wiley Rein (USA)

Juan Carlos Partida Poblador
Partner
Rubio Villegas & Asociados (Mexico)

  • Key trade defence cases from across the globe;
    • countries bringing cases
    • products being targeted
    • jurisdictions most at risk of having a case brought against their local industries
  • key signs that your industry might be subject to an foreign trade dispute investigation
  • How to respond to a when a case is brought against your industry or company
    • who to involve
    • how to select foreign counsel
    • top tips for obtaining vital confidential data and building a case in a foreign jurisdiction
  • Spotlight on US trade defence cases: a look into the solar power and steel cases

10:00
Recent Legislation, Case Law and Policies Shaping the Trade Defence Disputes and Barriers

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

Dr James Watson
Chief Executive Officer
SolarPower Europe (Belgium)

Unlike many other members of the World Trade Organisation, the WTO still utilises the ‘lesser duty rule’ as a trade defence measure. Many argue that this rule is not fulfilling its purpose, particularly in the steel industry. Take this opportunity to have your questions about the ‘lesser duty rule’ answered by the EU Commission.

10:30
International Developments and Implementation of Anti-Dumping, Subsidy and Safeguard Proceedings; Ensure your Company is Not Caught Off-Guard by Foreign Trade Defence Activities

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 approaches: on what grounds can measures be avoided or reduced
    • The US trade defence system and how this differs from the EU
    • Practical implementation of trade defence in the US
    • Current issues under debate in the US
    • Market Economy Status of China
    • Impact of US elections on the immediate future of trade defence in the United States
  • Global angle
    • Which other jurisdictions are active in trade defence systems
    • In which countries are cases being brought in

11:15
Morning Refreshments
11:30
Walking the Fine Line of Circumvention: Deciphering the Difference Between Strategic Sourcing and Tax Fraud

Edwin Vermulst
Partner
VVGB (Belgium)

Laurens Elsen
Case Handler
DG Trade of the Commission (Brussels)

  • Under which situations is circumvention illegal versus strategic planning
  • When can you avoid duties by importing bits and pieces and re-assembling them in a location that isn’t subject to dumping duties
  • How to launch a circumvention investigation as a producer impacted by dumping
    • When to report suspected illegal circumvention and who to report it to
  • What does the EU Commission look for before launching an investigation?
  • How to comply with a circumvention investigation
  • How to apply for an exemption for trading within a country
  • Ramification for tax fraud

12:30
Networking Luncheon
1:45
Market Economy Status of China: Europe’s Trade Relations Post a Decision by the Commission

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

Christofer Fjellner
MEP
European Parliament (Belgium)

Inès Van Lierde
Chair of AEGIS Europe and Secretary General
Euroalliages

Gerhard Hannes Welge
Hearing Officer
European Commission (Belgium)

  • Current views of the EU’s stance on China’s Market Economy Status
    • Possibilities of change in this stance by the December 2016 deadline
  • Potential special methodologies that could be used if China is recognised as a Market Economy
    • How will that work in reality
  • How to navigate with China after the decision has been made as a producer? As a user of products?
  • Developing a plan B as a local producer if China’s anti-dumping duties are lowered

3:15
Q &A with the EU Commission: Future Role of ‘Lesser Duties’ as a Trade Defence Measure

Gerhard Hannes Welge
Hearing Officer
European Commission (Belgium)

  • EU’s management of export restrictions of anti-dumping and countervailing defence measures in the last 12 months
  • WTO case law on trade defence: guidelines for future investigations
  • Steel crisis and the use of trade defence
  • Recent cases
  • Lessons learned
  • The consequences
  • Next steps

4:00
Afternoon Refreshments
4:15
Dumping Duties, Registration and Retroactive Duties: How to Protect your Organisation from Unexpected Costs

Bogdan Evtimov
Partner
Dentons (Belgium)

  • Current risk level of registration and retroactive activity?
    • How retroactive duties will work in reality
    • When retroactive duties will go into effect
  • Making the best strategic move for your company: what to look at when determining whether or not to import goods that may become subject to retroactive duties
  • What constitutes a stock pile that will trigger retroactive duties

5:15
Forum Ends
€695