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Mark B. Lehnardt, Esq.ǂ
Antidumping Defense Group 1025 Connecticut Avenue, NW, Suite 1012 Washington, DC 20036 USA Tel: 202.642.4850 | Fax: 202.318.1412 Email: [email protected] |
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Education
Juris Doctorate cum laude J. Reuben Clark Law School Brigham Young University 2000 Bachelor of Arts Economics Brigham Young University 1996 Clerkships Hon. Delissa A. Ridgway Court of International Trade 2003-2005 Hon. Norman H. Jackson Utah Court of Appeals 2000-2002 Government Experience Department of Commerce - Office of Chief Counsel for Import Administration ǂBar Admissions Court of Appeals for the Federal Circuit Court of International Trade Utah Colorado Wyoming Missouri Languages: English Spanish |
Mr. Mark
B. Lehnardt counsels foreign producers and U.S. importers in U.S. antidumping
and countervailing duty investigations, related proceedings, and litigation. He
also provides assistance to U.S. producers and exporters subject to foreign
antidumping (“AD”) and countervailing duty (“CVD”) investigations. Mr. Lehnardt has both led and supported
investigation defense teams before the U.S. International Trade Commission
(“USITC”) and the U.S. Department of Commerce (“USDOC”).
Mr. Lehnardt typically focuses on legal argumentation in administrative proceedings and litigation, where he has significant experience and an outstanding track record. His recent, significant litigation victories include the exceptionally-rare reversal of a USITC affirmative injury finding, resulting in revocation of AD and CVD duty orders; and the overturning of 20-year-old USDOC unfair interpretation of law, reducing CVD duties by over 350 percentage points. Mr. Lehnardt’s international trade practice began with a two-year clerkship with the U.S. Court of International Trade (“CIT”), followed by four years at the USDOC as an attorney in the office of Chief Counsel for Import Administration (Chief Counsel for Trade Enforcement & Compliance). At the USDOC, Mr. Lehnardt represented the United States before the CIT, Court of Appeals for the Federal Circuit, and the WTO Dispute Resolution Body. Mr. Lehnardt has lectured in university and law faculty settings, and has presented training and information to industry groups and foreign government officials. Mr. Lehnardt previously worked as a commercial litigation associate defending natural-resource industries; as in-house at a multinational corporation overseeing international-corporate, international-trade, and Latin America legal affairs; and as summer associate in Lima, Peru. Mr. Lehnardt enjoys international travel and cuisine, currently serves as president of his community ministerial alliance, and coaches his children's soccer teams. |
Antidumping & Countervailing Duty Experience
Industries: Agriculture, Aquaculture, Chemical, Electronics, Paper, Steel
Countries: Argentina, Canada, Chile, China, India, Indonesia, Japan, Korea, Mexico, Taiwan, Vietnam
Products: Aluminum Extrusions, Anti-Friction Bearings, Calcium Hypochlorite, Coated Free Sheet Paper, Color Televisions, Corrosion-Resistant Carbon Steel Flat Products, Drill Pipe, IQF Raspberries, Ironing Tables, Kitchen Appliance Shelving & Racks, Lemon Juice, Oil Country Tubular Goods, Off-the-Road Tires, Passenger Vehicle & Light Truck Tires, Polyester Staple Fiber, Polyethylene Retail Carrier Bags, Shrimp, Sodium Nitrite, Solar Panels, Standard Steel Fasteners, Steel Wire Garment Hangers, Welded Steel Pipe
Industries: Agriculture, Aquaculture, Chemical, Electronics, Paper, Steel
Countries: Argentina, Canada, Chile, China, India, Indonesia, Japan, Korea, Mexico, Taiwan, Vietnam
Products: Aluminum Extrusions, Anti-Friction Bearings, Calcium Hypochlorite, Coated Free Sheet Paper, Color Televisions, Corrosion-Resistant Carbon Steel Flat Products, Drill Pipe, IQF Raspberries, Ironing Tables, Kitchen Appliance Shelving & Racks, Lemon Juice, Oil Country Tubular Goods, Off-the-Road Tires, Passenger Vehicle & Light Truck Tires, Polyester Staple Fiber, Polyethylene Retail Carrier Bags, Shrimp, Sodium Nitrite, Solar Panels, Standard Steel Fasteners, Steel Wire Garment Hangers, Welded Steel Pipe
Recent Representation
• Represent Chinese drill pipe producer in litigation successfully reversing ITC affirmative injury vote in remand proceedings, to lead to complete revocation of antidumping and countervailing duty orders.
• Represent U.S. importers of Chinese aluminum extrusion in litigation successfully changing the law and reducing the countervailing duty by over 350 percentage points.
• Represent Chinese companies in successful submission and defense of Separate Rate Applications
• Represent Chinese tire manufacturer in litigation challenging the legality of applying countervailing duty law to China.
• Represent Chinese drill pipe producer in injury, antidumping, and countervailing duty proceedings before the U.S. International Trade Commission, the U.S. Department of Commerce, and judicial appeals before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit.
• Developed legal argument and negotiation strategy, and participated in successful settlement negotiation of litigation on favorable terms for Indian steel manufacturing client, reducing countervailing duty liability by more than 375 percentage points.
• Represent Chinese drill pipe producer in litigation successfully reversing ITC affirmative injury vote in remand proceedings, to lead to complete revocation of antidumping and countervailing duty orders.
• Represent U.S. importers of Chinese aluminum extrusion in litigation successfully changing the law and reducing the countervailing duty by over 350 percentage points.
• Represent Chinese companies in successful submission and defense of Separate Rate Applications
• Represent Chinese tire manufacturer in litigation challenging the legality of applying countervailing duty law to China.
• Represent Chinese drill pipe producer in injury, antidumping, and countervailing duty proceedings before the U.S. International Trade Commission, the U.S. Department of Commerce, and judicial appeals before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit.
• Developed legal argument and negotiation strategy, and participated in successful settlement negotiation of litigation on favorable terms for Indian steel manufacturing client, reducing countervailing duty liability by more than 375 percentage points.
Representative Reported Cases
• Downhole Pipe & Equip. v. United States, Slip Op. 14-130 (Ct. Int’l Trade Nov. 10, 2014). Won reversal of affirmative threat determination by the International Trade Commission for lack of substantial evidentiary support in the administrative record.
• MacLean-Fogg v. United States, 753 F.3d 1237 (Fed. Cir. 2014). Won change in law and reversal of adverse Court of International Trade interpretation of law, thereby reducing all-others countervailing duty rate from 374% to 10%.
• MacLean-Fogg v. United States, 885 F. Supp. 2d 1337 (Ct. Int’l Trade 2012). Won 200 percentage points reduction in all-others countervailing duty rate.
• Downhole Pipe & Equip. v. United States, 887 F. Supp. 2d 1311 (Ct. Int’l Trade 2012). Won remand to Department of Commerce for unsupported surrogate value selection.
• MacLean-Fogg v. United States, 853 F. Supp. 2d 1336 (Ct. Int’l Trade 2012). Won second remand to Department of Commerce to address punitive all-others rate when Department of Commerce did not provide sufficient explanation in first remand.
• MacLean-Fogg v. United States, 836 F.Supp.2d 1367 (Ct. Int’l Trade 2012). Won remand to Department of Commerce to address punitive nature of all-others rate.
• Uniroyal Marine Exp., Ltd. v. United States, 626 F. Supp. 2d 1312 (Ct. Int’l Trade 2009). Won appeal of Department of Commerce administrative procedural decision.
• KYD, Inc. v. United States, 613 F. Supp. 2d 1371 (Ct. Int’l Trade 2009). Won appeal regarding respondent selection and application of adverse facts available.
• Universal Polybag Co. v. United States, 577 F. Supp. 2d 1284 (Ct. Int’l Trade 2008). Won appeal regarding respondent selection and application of adverse facts available.
• Huvis Corp. v. United States, 32 CIT 845 (2008), aff’d 570 F.3d 1347 (Fed. Cir. 2009). Won appeal regarding Department of Commerce application of facts available.
• Parkdale Int’l Ltd. v. United States, 581 F. Supp. 2d 1334 (Ct. Int’l Trade 2007). Won appeal regarding the effective date of revocation of an antidumping duty order.
• Dofasco, Inc. v. United States, 519 F.Supp.2d 1284 (Ct. Int’l Trade, 2007). Won procedural issue regarding standing of parties to participate in litigation.
• Nucor Corp. v. United States, 516 F.Supp.2d 1348 (Ct. Int’l Trade 2007). Won procedural issue regarding standing of parties to participate in litigation and remedies available to plaintiff.
• Parkdale Int’l Ltd. v. United States, 508 F. Supp. 2d 1338 (Ct. Int’l Trade 2007). Won appeal of Department of Commerce policy affecting resellers.
• Downhole Pipe & Equip. v. United States, Slip Op. 14-130 (Ct. Int’l Trade Nov. 10, 2014). Won reversal of affirmative threat determination by the International Trade Commission for lack of substantial evidentiary support in the administrative record.
• MacLean-Fogg v. United States, 753 F.3d 1237 (Fed. Cir. 2014). Won change in law and reversal of adverse Court of International Trade interpretation of law, thereby reducing all-others countervailing duty rate from 374% to 10%.
• MacLean-Fogg v. United States, 885 F. Supp. 2d 1337 (Ct. Int’l Trade 2012). Won 200 percentage points reduction in all-others countervailing duty rate.
• Downhole Pipe & Equip. v. United States, 887 F. Supp. 2d 1311 (Ct. Int’l Trade 2012). Won remand to Department of Commerce for unsupported surrogate value selection.
• MacLean-Fogg v. United States, 853 F. Supp. 2d 1336 (Ct. Int’l Trade 2012). Won second remand to Department of Commerce to address punitive all-others rate when Department of Commerce did not provide sufficient explanation in first remand.
• MacLean-Fogg v. United States, 836 F.Supp.2d 1367 (Ct. Int’l Trade 2012). Won remand to Department of Commerce to address punitive nature of all-others rate.
• Uniroyal Marine Exp., Ltd. v. United States, 626 F. Supp. 2d 1312 (Ct. Int’l Trade 2009). Won appeal of Department of Commerce administrative procedural decision.
• KYD, Inc. v. United States, 613 F. Supp. 2d 1371 (Ct. Int’l Trade 2009). Won appeal regarding respondent selection and application of adverse facts available.
• Universal Polybag Co. v. United States, 577 F. Supp. 2d 1284 (Ct. Int’l Trade 2008). Won appeal regarding respondent selection and application of adverse facts available.
• Huvis Corp. v. United States, 32 CIT 845 (2008), aff’d 570 F.3d 1347 (Fed. Cir. 2009). Won appeal regarding Department of Commerce application of facts available.
• Parkdale Int’l Ltd. v. United States, 581 F. Supp. 2d 1334 (Ct. Int’l Trade 2007). Won appeal regarding the effective date of revocation of an antidumping duty order.
• Dofasco, Inc. v. United States, 519 F.Supp.2d 1284 (Ct. Int’l Trade, 2007). Won procedural issue regarding standing of parties to participate in litigation.
• Nucor Corp. v. United States, 516 F.Supp.2d 1348 (Ct. Int’l Trade 2007). Won procedural issue regarding standing of parties to participate in litigation and remedies available to plaintiff.
• Parkdale Int’l Ltd. v. United States, 508 F. Supp. 2d 1338 (Ct. Int’l Trade 2007). Won appeal of Department of Commerce policy affecting resellers.
WTO Cases
• DS350 United States — Continued Existence and Application of Zeroing Methodology (Complainant: European Communities). Defeated attempt to expand the Terms of Reference before the Panel.
• DS345 United States — Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties (Complainant: India). Successfully defended against allegations of misapplied antidumping duty law in connection with customs bond directive.
• DS343 United States — Measures Relating to Shrimp from Thailand (Complainant: Thailand)
• DS331 Mexico — Anti-Dumping Duties on Steel Pipes and Tubes from Guatemala (Complainant: Guatemala)
• DS328 European Communities — Definitive Safeguard Measure on Salmon (Complainant: Norway)
• DS350 United States — Continued Existence and Application of Zeroing Methodology (Complainant: European Communities). Defeated attempt to expand the Terms of Reference before the Panel.
• DS345 United States — Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties (Complainant: India). Successfully defended against allegations of misapplied antidumping duty law in connection with customs bond directive.
• DS343 United States — Measures Relating to Shrimp from Thailand (Complainant: Thailand)
• DS331 Mexico — Anti-Dumping Duties on Steel Pipes and Tubes from Guatemala (Complainant: Guatemala)
• DS328 European Communities — Definitive Safeguard Measure on Salmon (Complainant: Norway)
Academics, Presentations & Publications
• Adjunct Professor of Law, International Trade Law, Concord Law School, Kaplan University 2013-present
• Guest Lecturer, U.S. AD/CVD Law, Shanghai Jiaotong University Law School, March 2013
• Coauthor, “U.S. Court of International Trade Overview: Non-Market Economy Cases in 2011,” 44 Georgetown J. of Int’l L 15 (2013)
• Guest Lecturer, U.S. Contract Law, Melikşah Üniversitesi, Kayseri, Türkiye (Nov.-Dec. 2012)
• Adjunct Professor, International Business Transactions, University of Missouri at Kansas City, School of Law, Kansas City, Missouri, Fall 2010
• Guest Lecturer, “Current Issues in U.S. Antidumping Duty Law,” Baker University, Baldwin City, Kansas, September, 2009
• Author, “Is It Over? What Termination of the Antidumping and Countervailing Duty Invetigations of Standard Steel Fasteners from China and Taiwan Means for Your Business,” Fastener Technology International Magazine, December, 2009
• Author, “How the Antidumping & Countervailing Duty Investigations into Standard Steel Fasteners from China and Taiwan Will Affect You,” North Coast Fastener Association, Cleveland, Ohio, October, 2009
• Presenter, “Litigation Issues in U.S. Antidumping and Countervailing Duty Law,” Dominican Republic – United States Technical Exchange, Washington, D.C., August 2008
• Presenter, “Procedural Aspects of U.S. Antidumping and Countervailing Duty Law,” Inter-American Development Bank and U.N. Economic Commission for Latin America and the Caribbean, Conference on AD/CVD/Safeguard Investigation Processes In the US: A Strategic Approach, Washington, D.C., May 2008
• Instructor, International Public & Commercial Arbitration, University of Wyoming, College of Law, Laramie, Wyoming, Aug. 2003 – Feb. 2004
• Instructor, International Public & Commercial Arbitration, Brigham Young University, J. Reuben Clark Law School, Provo, Utah, May 2000 – April 2002
• Adjunct Professor of Law, International Trade Law, Concord Law School, Kaplan University 2013-present
• Guest Lecturer, U.S. AD/CVD Law, Shanghai Jiaotong University Law School, March 2013
• Coauthor, “U.S. Court of International Trade Overview: Non-Market Economy Cases in 2011,” 44 Georgetown J. of Int’l L 15 (2013)
• Guest Lecturer, U.S. Contract Law, Melikşah Üniversitesi, Kayseri, Türkiye (Nov.-Dec. 2012)
• Adjunct Professor, International Business Transactions, University of Missouri at Kansas City, School of Law, Kansas City, Missouri, Fall 2010
• Guest Lecturer, “Current Issues in U.S. Antidumping Duty Law,” Baker University, Baldwin City, Kansas, September, 2009
• Author, “Is It Over? What Termination of the Antidumping and Countervailing Duty Invetigations of Standard Steel Fasteners from China and Taiwan Means for Your Business,” Fastener Technology International Magazine, December, 2009
• Author, “How the Antidumping & Countervailing Duty Investigations into Standard Steel Fasteners from China and Taiwan Will Affect You,” North Coast Fastener Association, Cleveland, Ohio, October, 2009
• Presenter, “Litigation Issues in U.S. Antidumping and Countervailing Duty Law,” Dominican Republic – United States Technical Exchange, Washington, D.C., August 2008
• Presenter, “Procedural Aspects of U.S. Antidumping and Countervailing Duty Law,” Inter-American Development Bank and U.N. Economic Commission for Latin America and the Caribbean, Conference on AD/CVD/Safeguard Investigation Processes In the US: A Strategic Approach, Washington, D.C., May 2008
• Instructor, International Public & Commercial Arbitration, University of Wyoming, College of Law, Laramie, Wyoming, Aug. 2003 – Feb. 2004
• Instructor, International Public & Commercial Arbitration, Brigham Young University, J. Reuben Clark Law School, Provo, Utah, May 2000 – April 2002
Awards & Special Training
• 2007 Attorney of the Year, Office of Chief Counsel for Import Administration, U.S. Department of Commerce
• U.S. Department of Commerce Interangency Trade Officer Training, 2008
• 2007 Attorney of the Year, Office of Chief Counsel for Import Administration, U.S. Department of Commerce
• U.S. Department of Commerce Interangency Trade Officer Training, 2008