2020 International Trade Update


      Thursday, March 5, 2020
      8:00 AM  -  8:30 AM
      Registration and Continental Breakfast
      8:30 AM  -  8:45 AM
      Welcome and Overview
      8:45 AM  -  9:45 AM
      The 4th Annual John D. Greenwald Memorial Lecture: The Rise and Demise of the WTO Appellate Body

      Hear directly from a former Chair of the WTO Appellate Body on the body’s background, ascendancy, and (subsequent decline?)


      The John D. Greenwald Memorial Lecture is supported by a generous gift from Cassidy Levy Kent (USA) LLP, in memory of the firm’s late partner, John D. Greenwald.

      9:50 AM  -  10:05 AM
      Networking Break
      10:05 AM  -  11:05 AM
      Politics of Trade and Election Panel
      • Understand how trade wars rocketed to the top of politics
      • Discuss steel versus soybeans, and identify the tensions in retaliatory tariffs
      • Predict whether and how trade policy will change in 2021 
      11:10 AM  -  12:10 PM
      China Trade Policy: On-the-Ground Reactions
      • Examine key developments in U.S.-China trade policy
      • Learn how U.S. businesses are faring and reacting in China and the U.S.
      12:10 PM  -  1:10 PM
      CITBA Young Lawyers Luncheon (pre-registration required)

      Thursday, March 5, 2020

      The CITBA Young Lawyers Committee (YLC) Luncheon is designed for attorneys with fewer than 15 years of experience to connect with more senior members of the bar who can provide advice and mentorship.

      Seating is limited, please pre-register!

      Sponsored by Cassidy Levy Kent

      12:10 PM  -  1:10 PM
      Lunch on Your Own
      1:10 PM  -  2:10 PM
      Death of MFN? Origin and Classification Matter Again
      • Understand why the 232 and 301 tariffs, and the new USMCA Rules of Origin, have forced greater attention to origin and classification
      • Learn how new tariffs and the USCMA are impacting supply chain management,including efforts at tariff engineering
      • Identify safe harbors to protect sourcing decisions and learn tips for designing nimble supply chains
      2:15 PM  -  3:15 PM
      Whither the Rules-Based Trading System?
      • Hear a post-mortem on the WTO Appellate Body, and learn about the status of alternative appeal mechanisms
      • Analyze the implications of the demise of the Appellate Body for the WTO and the Rules-Based Trading System, including increased use of regional or bilateral dispute settlement systems
      • Explore whether, and what, viable fora exist for negotiation and enforcement of trade rules
      3:15 PM  -  3:30 PM
      Networking Break
      3:30 PM  -  4:30 PM
      What Keeps In-house Counsel Up at Night
      • Explore the unique in-house counsel perspective on various recent trade issues,including Sections 201, 301, and 232 tariffs
      • Analyze how companies are reacting to current trade tensions 
      • Understand how in-house counsel are helping their companies remain nimble in this ever-changing environment
      4:30 PM  -  6:00 PM
      Networking Cocktail Reception
      Sponsored by Hughes Hubbard & Reed LLP
      Friday, March 6, 2020
      8:00 AM  -  8:30 AM
      Registration and Continental Breakfast
      Sponsored by White & Case LLP
      8:30 AM  -  9:30 AM
      Trade and National Security: What Trade and Customs Practitioners Need to Know
      • Review significant recent developments in Section 232 tariffs, implementation of the Foreign Investment Risk Review Modernization Act (FIRRMA), export controls, and sanctions
      • Learn how export controls and sanctions impact trade and customs practice today
      • Analyze what different types of national security-related trade actions could be taken in the future
      9:35 AM  -  10:35 AM
      Views from the Hill
      • Engage with top trade lawyers on Capitol Hill
      • Delve into hot topics in rapid question and answer format
      • Explore legislative responses to executive actions and the outlook for trade legislation in the next Congress
      10:35 AM  -  11:00 AM
      Networking Break
      11:00 AM  -  12:00 PM
      Session A: WTO Trade Dispute Settlement Key Developments
      • Analyze the major cases from the last year, including the Russia/Ukraine national security panel, the suspended China NME case, the U.S. wins on Chinese agricultural subsidies and quotas, challenges to U.S. 232 and 301 cases, and U.S. challenges to retaliatory “safeguard” actions
      • Assess the implications of these rulings on current trade frictions, and forecast the impact on trade policies
      11:00 AM  -  12:00 PM
      Session B: Doing the “End Around”:” A Dangerous Ethical Dance Step
      • Join Stuart Teicher, Esq. the “CLE Performer”as he explores the pressure on international trade practitioners to find ways to skirt the law
      • Learn how the rules of professional conduct are impacted when trade lawyers try to do the ethical “End Around” for their clients
      • Review current ethical rules, including rules 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer),3.3 (Candor Toward the Tribunal), and 8.4(Misconduct)
      12:00 PM  -  1:00 PM
      Networking Lunch
      1:00 PM  -  2:00 PM
      Session A: Key Developments in Commerce Trade Remedy Matters (AD/CVD)
      • Explore the tensions between AD/CVD initiation standards, standing, and scope
      • Debate the increased focus on anticircumvention actions
      • Examine key calculation issues, including adjustments for special tariffs in AD calculations and accounting for “further manufacturing”
      • Discuss the status of suspension agreement proceedings
      1:00 PM  -  2:00 PM
      Session B: The Battle of E-Commerce: A Discussion of Recent Trends at the WCO
      • Discuss the WCO’s expanded mandate and its recent work, including analysis of the divergent perspectives regarding the governance of e-commerce-related trade
      • Explore the WCO’s E-Commerce Framework of Standards
      • Gain perspective from an international organization—based on consensus building—which gathers input from the private sector through the Private Sector Consultative Group
      2:10 PM  -  3:10 PM
      Session A: Key Developments in ITC Trade Remedy Matters
      • Analyze the increase in negative AD/CVD injury determinations
      • Discuss major appeal developments and NAFTA
      • Examine the effects of Section 232 and 301 relief on injury decisions
      • Consider intra-industry competition and whether it is an alternative cause of injury
      2:10 PM  -  3:10 PM
      Session B: Customs Key Developments
      • Dissect the aftermath of the most recent tariff engineering precedent
      • Explore claims made under the Enforce and Protect Act (EAPA)
      • Discuss key developments in customs law over the last year
      3:10 PM  -  3:30 PM
      Networking Break
      3:30 PM  -  4:30 PM
      What Are Your Ethical Obligations if Your Client Wants to Engage in “Shady” Trade Practices?
      • Experience realistic hypothetical scenarios involving clients or prospective clients who want to engage in activities that may violate trade and customs laws and regulations
      • Analyze the applicable ethical rules, including rules 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.3 (Diligence), 1.4 (Communications), 1.6 (Confidentiality of Information), 1.16 (Declining or Terminating Representation), 1.18 (Duties to Prospective Client), 2.1 (Advisor), and 8.4 (Misconduct)
      • Hear an ethics lawyer’s perspective on best practices for addressing difficult client situations
      4:30 PM  -  4:30 PM