Nishimura & Asahi Successfully Assists Martell (Pernod Ricard Group) in Obtaining Lowest Duty and Price Undertaking in China Anti-Dumping Investigation on Brandy
Nishimura & Asahi Brussels is proud to announce that our trade team has obtained an unprecedent result for our client, Martell (Pernod Ricard group), in the anti-dumping investigation initiated by China on imports of brandy from the European Union. Our team assisted Martell throughout the highly mediatized investigation which began in early 2024. In the fall of 2024, although the Ministry of Commerce of China imposed provisional duties on imports of brandy, we helped Martell secured the lowest duty rate. Early this July, the Ministry of Commerce published the definitive measures in the investigation. Following the arguments put forth by our team, not only did Martell obtain by far the lowest duty rate, it now benefits from a price undertaking meaning that its exports to China are not subject to any duty so long as the exports are above the agreed minimum price. Furthermore, the Ministry of Commerce decided to repay all the provisional duties paid between fall 2024 to the definitive measures to our client.
The team was led by Brussels partners Benoit Servais and Victor Crochet, supported by Elyse Kneller.
People
With regard to EU law, Victor advises governments and corporations on how to navigate the intricacies of EU regulations with a particular focus on assisting clients impact the legislative developments of new regulations and comply with them. Victor also assists companies and governments in trade remedy investigations. He has advised clients in over fifty anti-dumping, anti-subsidy and safeguard investigations, successfully obtaining no or low duties for exporters in several instances. Furthermore, Victor has extensive experience in litigating before the Court of Justice of the European Union where he has successfully challenged several measures adopted by the EU institutions.
Turning to international economic law, Victor assists governments in WTO proceedings before panels and the Appellate Body and other appeal arrangements. His experience also includes advising governments and multinational corporations on a variety of economic policy matters such as providing legal opinions regarding the legality of measures adopted by the EU as well as third countries under international trade and investment law. Finally, Victor often assists governments with international trade and investment negotiations by helping them develop persuasive arguments during negotiations and ensure compliance with agreed upon rules.
Victor also teaches part of the course on international trade law at Cambridge University.
With regard to EU law, Benoit has been involved in more than 160 EU anti-dumping and anti-subsidy investigations since 1992 for clients from around the world. He has also successfully represented clients before the Court of Justice in the European Union in landmark trade-related disputes. Benoit also acts for EU exporting producers in anti-dumping investigations initiated by third countries and represents domestic producers in third country in anti-dumping and anti-subsidy investigations initiated by these third countries. Benoit is the main contributor in the standard work of reference in the field of EU trade law.