888-860-5678 x714 (telephone)
Mark B. Lehnardt counsels foreign exporters and U.S. importers regarding U.S. antidumping and countervailing duty law. Mr. Lehnardt’s work includes all areas of legal representation in antidumping and countervailing duty proceedings before the U.S. International Trade Commission (“USITC”), the U.S. Department of Commerce (“USDOC”), the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.
Mr. Lehnardt’s international trade practice began with a two-year clerkship with the U.S. Court of International Trade, followed by 4 years at the U.S. Department of Commerce (DOC) as an attorney in the office of Chief Counsel for Import Administration. In his official capacity with DOC, Mr. Lehnardt advised the Import Administration in its antidumping and countervailing duty proceedings, and traveled to provide legal advice at on-site verifications in China and Indonesia. Mr. Lehnardt represented the United States in international trade litigation at the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, and the World Trade Organization. He also served as a member of the U.S. delegation to the Antidumping Committee at the World Trade Organization (“WTO”), and evaluated the laws of several foreign countries for compliance with the WTO agreements governing Antidumping, Countervailing, and Safeguard duties.
Prior to his antidumping and countervailing duty work, Mr. Lehnardt was a commercial litigation associate at Holland & Hart, LLP, working for clients in the mining and oil & gas industries. Mr. Lehnardt also previously worked in-house at a multinational corporation overseeing the international corporate, international trade, and Latin America legal affairs.
Antidumping & Countervailing Duty Experience
Industries: Agriculture, Aquaculture, Chemical, Electronics, Paper, Steel
Countries: Argentina, Canada, Chile, China, India, Indonesia, Japan, Korea, Taiwan, Vietnam
Products: Aluminum Extrusions, Anti-Friction Bearings, Coated Free Sheet Paper, Color Televisions, Corrosion-Resistant Carbon Steel Flat Products, Drill Pipe, Garlic, Ironing Tables, Kitchen Appliance Shelving & Racks, Lemon Juice, Off-the-Road Tires, Polyester Staple Fiber, Polyethylene Retail Carrier Bags, Raspberries, Shrimp, Sodium Nitrite, Standard Steel Fasteners, Steel Wire Garment Hangers, Welded Steel Pipe
Represent U.S. importers of Chinese aluminum extrusion in litigation successfully reducing the countervailing duty by over 200 percentage points
Represent Chinese fresh garlic producer in litigation before the Court of International Trade challenging the bona fide sale determination by the Department of Commerce
Represent Chinese off-the-road tire manufacturer in litigation challenging the application of countervailing duty law to China
Represent large 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
Developed and executed legal argument and negotiation strategy in successful settlement, reducing countervailing duty liability by more than 350 percentage points
100% success rate with Separate Rate Applications in non-market economy antidumping proceedings
Representative Reported Cases
MacLean-Fogg v. United States, Slip Op. 2012-147 (Ct. Int’l Trade Nov. 30, 2012)
Downhole Pipe & Equip. v. United States, Slip Op. 2012-141 (Ct. Int’l Trade Nov. 20, 2012)
Huvis Corp. v. United States, Slip Op. 08-83 (Ct. Int’l Trade Aug. 5, 2008), aff’d 570 F.3d 1347 (Fed. Cir. 2009)
Parkdale Int’l Ltd. v. United States, 581 F. Supp. 2d 1334 (Ct. Int’l Trade 2007)
Dofasco, Inc. v. United States, 519 F.Supp.2d 1284 (Ct. Int’l Trade, 2007)
Nucor Corp. v. United States, 516 F.Supp.2d 1348 (Ct. Int’l Trade 2007)
Parkdale Int’l Ltd. v. United States, 508 F. Supp. 2d (Ct. Int’l Trade 2007)
Recent Academics & Publications
Adjunct Professor, International Trade Law, Concord Law School, Kaplan University, Spring 2013
Coauthor, “U.S. Court of International Trade Overview: Non-Market Economy Cases in 2011,” 44 Georgetown J. of Int’l L 15 (2013)
Adjunct Professor, International Business Transactions, University of Missouri at Kansas City, School of Law, Kansas City, Missouri, Fall 2010
Hon. Delissa A. Ridgway, U.S. Court of International Trade
Hon. Norman H. Jackson, Utah Court of Appeals
J.D., cum laude, J. Reuben Clark Law School of Brigham Young University
B.A., Economics, Brigham Young University
B.A., Economics, Brigham Young University
Utah, Colorado, Wyoming, Missouri, U.S. Court of Appeals for the Federal Circuit, U.S. Court of International Trade
*Not admitted to practice in DC; practice supervised by DC Bar members.