Overview

Mark, a partner in the International Trade group, has significant experience advising on trade litigation, global trade policy and advocacy strategies that drive profitability, market access and regulatory compliance.

For more than 20 years, he has counseled clients across diverse business sectors on a broad range of trade issues, including all aspects of antidumping and countervailing duty cases before the Department of Commerce and International Trade Commission. He has extensive experience involving both sales and cost issues, and he has worked on a number of complex cost of production issues related to the calculation of antidumping margins. He has addressed unique subsidy issues involving, among others, lumber stumpage, non-market economies and the provision of mining rights, and other goods and services at less than adequate remuneration.

Mark has advised on regulatory matters impacting importers, including food safety regulations and labeling requirements. In conjunction with his regulatory work, he counsels on matters related to foreign transactions, including joint ventures and purchase agreements. He also advises clients on matters related to Buy America/American requirements. Additionally, he provides guidance on market access issues under World Trade Organization (WTO) rules. He has successfully worked with a number of clients who were denied access to markets due to governments’ actions that were inconsistent with WTO rules. He has practiced extensively in Russia, India, Korea, Japan, Thailand, Mexico, Chile and Singapore.

He also advises U.S. exporters and others on compliance issues related to export controls, sanctions and the Foreign Corrupt Practices Act (FCPA).

Prior to entering private practice, Mark worked in the Department of Commerce Office of Policy and Strategic Planning, where he focused on investigations, administrative reviews and communications on business, trade, and industry policies. During his tenure at the DOC, he worked on the Uruguay Round Negotiations, which resulted in the WTO Agreements, and he was the U.S. representative to the GATT/WTO antidumping and countervailing duty committees. He also handled numerous trade litigation matters across a broad range of industries. Many of these matters involved the steel industry, which provided him with an extensive understanding of steel products, production processes and market dynamics. This experience included analyzing return on investment for potential cases and devising litigation strategies to maximize case investment by identifying products affected by dumping or subsidies, and projecting margins, injury to the domestic industry and market impact.

Experience

Examples of Mark’s experience include:

  • Representing numerous foreign producers in antidumping and countervailing duty cases.
  • Obtaining a zero margin in three consecutive reviews in the antidumping proceeding against salmon from Chile and revocation from the case.
  • Securing negative injury determinations at the International Trade Commission for a Canadian stainless steel wire producer and a Thai PET film producer.
  • Obtaining a negative injury determination for a Thai plastics producer in antidumping proceedings in China.
  • Defending the Korean shipbuilding industry in actions brought by the European industry alleging that the Korean industry had received unfair subsidies as a result of corporate restructuring.
  • Contributing to every antidumping proceeding against Russia since the nation gained market economy status.
  • Handling subsidy cases in India, Thailand, Korea and the European Union.
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