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2019 INTERNATIONAL TRADE AND CUSTOMS LAW

INTERNATIONAL TRADE AND CUSTOMS LAW · Law Firm of the Year: BRAZIL. 2009 | 2016 | 2017. Firm of the Year: BRAZIL. 2013 | 2016 | 2018. South American Firm of the year. 2018 . Most

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  • 2019

    INTERNATIONAL TRADE AND CUSTOMS LAW

  • 1 FIRMPROFILE

  • Since 1942

    INDEPENDENTMULTIDISCIPLINARYCOMPLETE

    Recognized by the Brazilian government as the country’s largest exporter of legal services.

    Our client portfolio boasts 70% of the country’s 500 largest companies elected by Exame Maiorese Melhores.

    100 partners

    4504

    50.000active cases

    5.400clients

    attorneys

    offices

  • AREAS OF PRACTICE

    Tight-knit, cohesive teams buildinga multidisciplinary network

    Agribusiness Banking, Finance andForex

    Mining Oil & GasMaritime Law

    EnergyConstruction Law

    InfrastructureEnvironmental Law

    Water andSanitation

    Aviation

    Life Sciences

    Sports

    Media, Internet andInformation Technology

    Telecommunications

    Family andSuccession

    ConsumerRelations

    Entertainment andLeisure

    Blockchain

    Corporate

    Real Estate

    On-the-job Accident & Occupational Disease

    Project Finance

    Climate Change and Sustainability

    Private Equity Venture Capital

    Electoral Law

    Administrative Law and Public Procurement

    Capital Markets

    StructuredTransactions

    Insolvency & Restructuring

    Compliance andInternal Investigations

    Arbitration andMediation

    M&A

    Tax

    Labor Luxury Law

    GovernmentRelations

    Competition

    Immigration

    Derivatives

    Insurance andReinsurance

    Fintech

    Social Security

    Constitution

    Criminal and Criminal Procedure Law

    Intellectual Property International Trade & Customs

    Civil and CommercialLitigation

  • MISSION, VISION, VALUES

    VisionWe believe in the improvement of society through Law; in legal advocacy committed to ethics, responsibility, and excellence in legal solutions; as well as in the satisfaction of our clients and in the personal fulfillment of our members.

    ValuesMissionTo assist our clients in reaching their goals in all areas of practice, with creativity, confidence and efficiency. To attract and develop top talent, forming teams that can deliver innovative services. To constantly improve and share knowledge. To practice and transmit ethical values.

    Valuing people

    Quality

    Commitment

    Teamwork

    Integrity

  • RANKINGSAND AWARDS

    Pinheiro Neto is one of the best firms in Brazil. Their lawyers provide excellent client service. The team is punctual, offers innovative solutions, and is always available.”

    Client quote

    Latin America 201978 lawyer recognitions in 26 practices

    Global 2019 38 lawyer recognitions. Recognized as a Band 1 firm in 6 practices an 4 desks (Germany, Spain, Japan and Portugal)

    Brazil 201857 attorney recognitions in 23 practices

    ... even the most casual observer of the Brazilian marketplace knows … that Pinheiro [Neto] is the reference point to which everyone else compares themselves.”

    Client quote

    BRAZIL CLIENT SERVICE FIRM OF THE YEAR

    Recognition of our attorneys and practice areas

    “ “

  • Law Firm of the Year: BRAZIL2009 | 2016 | 2017

    Firm of the Year: BRAZIL2013 | 2016 | 2018

    South American Firm of the year2018

    Most Admired Firm in Brazil2006 to 2018

    Best Latin America Law Firm2017

    Brazilian Client Firmof the Year2017

    Brazil Law Firm of the Year2006 to 2018

    1st Tier Firm2012 to 2018

    More individual lawyer recommendations and more top tier practices than any other Brazilian firm in IFLR1000 (2019), The Legal 500 (2018), Chambers Global (2018) and Chambers Latin America (2019).

    RANKINGSAND AWARDS

  • Investing in the personal and professional development of our members has always been important for the firm

    OURTEAM

    Professional experience abroadAttorneys are encouraged to pursue international associate programs and postgraduate studies (LLM, etc.) abroad.

    A pioneering professional development programPinheiro Neto’s Professional Development Program aims at improving and furthering the knowledge and skills of attorneys since the inception of their careers.

    Expanding the general knowledge In-house initiatives range from diversity actions, participation of women in politics, corporate social responsibility and general cultural activities.

  • 6,3

    17

    21,7

    CORPORATESOCIALRESPONSIBILITY

    Key areas9.9

    1st carbon-free law firm in Brazil100 Thousand trees planted since2008 = 89 Maracanã stadiums

    57 thousand direct beneficiaries170 thousand indirect beneficiaries

    R$invested millions in

    2016/2017

    Education

    Arts and culture

    Health

    Sports andentertainment

    Gráf1

    43.5

    56.5

    Colunas1

    43.5

    56.5

    Plan1

    Colunas1

    43.543.5

    56.556.5

  • Pro bonoWe not only encourage pro-bono work, but we also consider it as equal stature of billable matters. We have participated in the inception of Instituto Pro-Bono and in the regulation of pro bono work within the Brazilian Bar Association (OAB).

    First law firm to join the country’s largest social investors in the Group of Outreach Institutes, Foundations and Companies (GIFE)

    DiversityValuing diversity is the key to building a better workplace for all. We encourage discussions on diversity to foster an increasingly diverse and inclusive work environment.

    Women lawyersWe support the professional trajectory and ascension of our women lawyers, as they pursue their career plans. Achieving greater representativeness in discussion forums and fostering gender equality are among our missions.

    CORPORATESOCIALRESPONSIBILITY

  • 2 THE PRACTICE

  • Pinheiro Neto Advogados was one of the first law firms in Brazil to establish an International Trade practice.

    Team composed of professionals with solid background and international experience to advise companies and trade associations on a wide spectrum of issues, such as:

    Customs systems (importation and exportation); Preferential treatment under international agreements (Mercosul, LAIA and others); Taxation and tax benefits in foreign trade; Trade facilitation; Customs valuation; Tax classification; Rules of origin; Ex-tariff system; Non-tariff barriers; Trade defense – anti-dumping and subsidies (countervailing measures); Safeguards (general or provisional measures); Sanitary and phytosanitary measures; Technical barriers to trade; Trade in services; and Assessment of the compatibility of foreign trade conditions and restrictions in Brazil

    and other countries with WTO rules.

    THE PRACTICE

  • THE PRACTICE

    Leader in trade remedies cases in Brasil

    Oldest law firm with a track record in trade remedies investigations in Brazil (1991); The longest track record in trade remedies investigations in Brazil (over 20% of all

    investigations in Brazil to date).

    International recognition

    Leader in International Trade Law from 2008 to 2018 by Chambers and Partners(Global e Latin America);

    Recommended and awarded regularly by all the specialized publications in the previous years (Who’s Who Legal, Análise Advocacia 500, Latin Lawyer 250, Legal 500, Best Lawyers).

    Extensive experience before the World Trade Organization (WTO)

    Active participation in several disputes before the WTO; Broad knowledge and experience with respect to WTO Agreements and the Dispute

    Settlement Understanding rules; Acting as a panelist appointed by the Director-General of the WTO in cases before the

    Dispute Resolution Body.

  • REMARKS CHAMBERS AND PARTNERS

    Chambers Latin America 2020International TradePinheiro Neto Advogados Ranked

    Chambers Global 2019 International TradePinheiro Neto AdvogadosRanked

    The Legal 500 2018International Trade & CustomsPinheiro Neto AdvogadosTier 1

    Latin Lawyer 250 2019TradePinheiro Neto Advogados Recommended Firm

  • REMARKS CHAMBERS AND PARTNERS

    International Trade/WTO Practice

    This eight-member practice is a one-stop shop for international trade work, advising clients on customs, WTO, Mercosur and trade defence matters.

    Drawing on attorneys from various back-grounds including litigation, customs and tax, this ‘highly sophisticated and impressive firm’ has a broad approach to trade issues.”

    Renê Guilherme Medrado

    “Sources say: ‘He is an extremely clever lawyer, his knowledge and understanding of international trade are impressive.”

    Mauro Berenholc

    “He is an impressive lawyer. In addition to his excellent legal background, Berenholc navigates with ease through any technical or operational issue.”

  • 3 TRACKRECORD

  • TRACKRECORD

    Trade Remedies cases in Brazil

    Product Country DateVacuum blood collection tubes USA November/1992

    Diethanolamine USA March/1993

    Trietanolamine USA March/1993

    Buty ether monoethyleneglycol USA March/1993

    Monoethyleneglycol USA March/1993

    Shredded coconut and coconut milk Ivory Coast, Philippines, IndonesiaMalaysia, Sri Lanka September/1995

    Ordinary cement Cuba, Venezuela July/1996

    High carbon Iron-chrome South Africa September/1997

    Vacuum blood collection tubes USA, UK September/1997

    Vacuum blood collection glass tubes (review) USA June/1998

    Vacuum blood collection plastic tubes (review) USA June/1998

    Cold-rolled stainless steel South Africa, Germany, Japan November/1998

    Hot-rolled stainless steel Italy, Germany, South Africa, France, Spain, Japan, Mexico November/1998

    Portland Cement Mexico, Venezuela June/2000

    Blood collection tubes Austria, USA, UK September/2000

    Peaches in syrup Greece October/2000

    Compounded containing benzothiazole cycles Belgium, USA February/2002

    Polyvinyl chloride (PVC) USA, Mexico December/2003

  • TRACKRECORD

    Trade Remedies cases in Brazil

    Product Country Date

    PET resin USA, Taiwan, Argentina, South Korea March/2004

    Ammonium nitrate (review) Russia July/2004

    Thermal bottles China July/2004

    Stainless steel tubes Taiwan, China April/2005

    Cold-rolled stainless steel (review) South Africa, France, Spain, Japan, Mexico May/2005

    Polycarbonate resins Argentina, European Union, USA July/2005

    Reduced Indigo Blue Germany March/2007

    Ammonium nitrate (review) Russia November/2007

    Glyphosate (review) China February/2008

    Load transportation tyres China May/2008

    Disposable syringes China June/2008

    New tyres for cars China August/2008

    Viscose filaments Austria, India, Indonesia, Thailand, China, Taiwan August/2008

    Footwear China January/2009

    Rock salt Chile 2010/2011

    Flat glass Mexico, China 2010/2011

    n-Butanol USA, China 2010/2011

    Citric Acid China 2011/2012

  • TRACKRECORD

    Trade Remedies cases in Brazil

    Product Country DateFootwear (Elisive practices) China, Vietnam and Indonesia 2011/2012

    Stainless seamed steel tubes China, Taiwan 2012/2013

    Flat-rolled products of stainless steel Germany, China, South Korea, Finland, Taiwan and Vietnam 2012/2014

    Ethanolamine Germany and USA 2012/2013

    Indigo blue China and Taiwan 2012/2013

    Paperboard Chile 2012

    Liquid epoxy resins Saudi Arabia, South Korea, China, Mexico, India and Taiwan 2013/2014

    Indigo blue (review) Germany 2013

    Vacuum blood collection tubes USA, England, Germany, China 2013/2015

    Phenol (review) USA 2013/2014

    BOPP films Argentina, Chile, Colombia, India, Peru and Taiwan 2013/2015

    Butyl acrylate (review) USA 2014/2015

    Polymeric Germany, Belgium, Hungary, Netherlands, Portugal, Spain, South Korea 2014/2015

    Disposable syringes (review) China 2014/2015

    Butyl acrylate Germany, South Africa, Taiwan 2014/2016

    Adipic Acid USA 2014/2015

    Rock salt (review – Price Undertaking) Chile 2016/2017

    Citric Acid (review) China 2016/2017

    n-Butanol (review) USA 2016/2017

  • TRACKRECORD

    Trade Remedies cases in other countries

    Product Country DateEthanol USA 1984

    Pork meat Argentina 2001

    Cement Paraguay 2004

    Metallic silicon USA 2005

    Ready-to-use cabinets Argentina 2006

    Formulated flumetralin Argentina 2007

    Printing inks Argentina 2009Parenteral solutions containing sodium chloride

    and glucose Argentina 2018 --

    Tires for automobiles (13 inches) China 2009/2010

    Flat-rolled products of stainless steel Germany, China, South Korea, Finland, Taiwan and Vietnam 2013/2014

    Vacuum blood collection tubes USA, England, Germany, China 2015/2016

    N-butanol USA 2016/2017

    Rock salt Chile 2017/2018

  • TRACKRECORD

    Cases before the WTO

    Product Country DateBiweekly reviews of Anti-dumping duties on

    Tubes and Connections Exports from Argentina(DS 268)

    USA Argentina

    Subsidies for Cotton Exportation(DS 267) USA Brazil (retaliation)

    Subsidies for Sugar Exportation(DS 266) European Commission Brazil

    Measures affecting Naval Construction(DS 301) European Commission South Korea

    Measures affecting Naval Construction(DS 273) South Korea European Commission

    Certain Measures relative to Taxes and Tariffs(DS 472) European Commission Brazil

    Certain Measures relative to Taxes and Tariffs(DS 497) Japan Brazil

    Antidumping Measures on Certain Hot-Rolled Steel from Turkey

    (DS 513)Morroco Turkey

  • 4 OURTEAM

  • Renê Medrado is partner at Pinheiro Neto Advogados since 2009. Medrado counsels clients on international trade and competition/antitrust matters, and litigates disputes involving such matters. Medrado has been constantly recognisedas a leading lawyer in international trade law and antitrust in Brazil (see Chambers and Partners; Who's Who Legal; Latin Lawyer Magazine; Best Lawyers; The Legal Media Group; AnáliseAdvocacia 500). Named a 'Thought Leader' in the trade & customs area (2016 and 2018) by Who's Who Legal.

    RENÊ GUILHERME MEDRADOPartner, São [email protected]+55 11 3247 8797

    LANGUAGES Portuguese, English, French and Spanish

    EDUCATIONBachelor degree, Pontifícia Universidade de São Paulo

    MBA at Insper, São Paulo (Instituto de Ensino e Pesquisa)

    LLM, Columbia University School ofLaw (EUA)

    PhD, Faculdade de Direito da Universidade de São Paulo (International Trade)

    INTERNATIONAL EXPERIENCEWTO Rules Division

    Sidley Austin LLPWashington DC (USA)

    Admitted to practice in New York (USA)

    Appointed by the Director-General of the WTO to act as a panelist in the case DS513 between Turkey and Morocco (2017/2018)

    PRACTICE AREAS

    Arbitration and Mediation

    Antitrust

    International Trade and Customs

    Chambers Latin America 2020International TradeRanked

    Chambers Global 2019 International Trade Band 1 in International Trade

    The Legal 500 2018International Trade & CustomsLeading Lawyer

    Latin Lawyer 250 2019TradeRecommended Lawyer

    RECOGNITIONS

    Best Lawyers Brazil 2019Trade LawRecommended Lawyer

    Who's Who Legal Thought Leaders 2018Trade & CustomsRecommended Lawyer

    Who's Who Legal Brazil 2018Trade & CustomsRecommended Lawyer

  • Mauro Berenholc is a partner at Pinheiro Neto Advogados since 2000. He has solid experience in tax law (tax planning and litigation), customs law (imports and exports), foreign trade, WTO, Mercosur, LAIA and FTAA, and international trade regulation (antidumping investigations, subsidies, countervailing measures and safeguards in Brazil and abroad). He was also:

    President of the International Trade & Customs Law Committee of the International Bar Association in 2012-2013;

    Member of the International Trade and International Relations Committee’s Council of the Brazilian Bar Association (Ordem dos Advogados do Brasil – OAB) from 2005 to 2009;

    Member of the International Trade and Government Relations Committee of Lawyers Society’s Studies Center (Centro de Estudosdas Sociedades de Advogados - CESA).

    MAURO BERENHOLCPartner, São [email protected]+55 11 3247 8614

    LANGUAGES Portuguese, English and Spanish

    EDUCATIONBachelor degree, Faculdade de Direito da Universidade de São Paulo

    LLM, University of Kent (England)

    INTERNATIONAL EXPERIENCELinklatersLondon (England)

    PRACTICE AREAS

    Tax

    International Trade and Customs

  • São Paulo, BrazilR. Hungria, 1.10001455-906São Paulo - SP t. +55 (11) 3247 8400f. +55 (11) 3247 8600

    Rio de Janeiro, BrazilR. Humaitá, 275. 16º andar22261-005 Rio de Janeiro - RJ t. +55 (21) 2506 1600 f. +55 (21) 2506 1660

    Brasília, BrazilSAFS. Quadra 2 Bloco BEd. Via Office 3º andar70070-600Brasília - DF t. +55 (61) 3312 9400f. +55 (61) 3312 9444 www.pinheironeto.com.br

    Palo Alto, USA228 Hamilton Avenue, 3rd floor CA 94301 USA

    Número do slide 1Número do slide 2Since 1942Número do slide 4MISSION, �VISION, VALUESRANKINGS�AND AWARDS�Número do slide 7Número do slide 8CORPORATE�SOCIAL�RESPONSIBILITYCORPORATE�SOCIAL�RESPONSIBILITYNúmero do slide 11Número do slide 12Número do slide 13Número do slide 14Número do slide 15Número do slide 16Número do slide 17Número do slide 18Número do slide 19Número do slide 20Número do slide 21Número do slide 22Número do slide 23Número do slide 24Número do slide 25