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.
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.
- “Department of Commerce Releases Requirements for Requesting Product-Based Exclusions from the Section 232 Aluminum and Steel Tariffs,” Thompson Hine International Trade Update, March 2018
- “President Trump Signs Proclamations for Section 232 Tariffs on Aluminum and Steel,” Thompson Hine International Trade Update, March 2018
- “U.S. Department of Commerce Self-Initiates AD/CVD Investigations on Aluminum Sheet From China,” Thompson Hine International Trade Update, November 2017
- “Trump Administration Moves Against Chinese IP Violations,” Thompson Hine International Trade & Intellectual Property Update, August 2017
- “U.S. Importers of 5050-Grade Aluminum Alloy Extrusions From China Now Face More Than a 400 Percent Increase in Duties,” Thompson Hine International Trade Update, July 2017
- “U.S. International Trade Commission Issues Preliminary Recommendations for Miscellaneous Tariff Bill, Will Consider Comments on Certain Rejected Petitions,” International Trade Update, June 2017
- "Status Report – Recent Actions & Key Policymakers in the Renegotiation of the North American Free Trade Agreement," Thompson Hine International Trade Update, May 2017
- “Trump Administration’s Second Section 232 Investigation in a Week Focuses on National Security Threat of Aluminum Imports,” Thompson Hine International Trade Update, May 2017
- “Trump Administration Initiates Rare Section 232 Investigation Into National Security Implications of Steel Imports,” Thompson Hine International Trade Update, April 2017
- “In ‘Unprecedented Action,’ Commerce Applies ‘Particular Market Situation’ Provision of Trade Preferences Extension Act of 2015 in Antidumping Proceeding,” Thompson Hine International Trade Update, April 2017
Mark Lunn Joins Thompson Hine’s International Trade Practice Thompson Hine LLP
May 03, 2017