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For domestic industries in distress, Paul Rosenthal has been the man on a white horse. Forklift trucks and foundry products, for example, are still made in America thanks in large part to the efforts of Rosenthal, managing partner of Kelley Drye Collier Shannon (the D.C. office of Kelley Drye & Warren). “I’m happy to represent and in some way keep these manufacturers in business and their workers employed in the United States,” says Rosenthal, 56. “It makes me feel good.” These days he’s going to bat for steel nails. He and partner Kathleen Cannon are representing five nail makers in an anti-dumping case against China and the United Arab Emirates. On July 20, the U.S. International Trade Commission voted 6-0 that “there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports.” The Department of Commerce is now continuing its investigation, with a preliminary determination as to whether nail imports are being sold at less than fair value due about Nov. 5. David Libla, president of Libla Industries, the parent company of petitioner Mid Continent Nail Corp., says the case is “extremely important for our survival. If we don’t get a successful outcome, the industry will die.” So far, Libla says, he feels that he’s in excellent hands. “We’re really, really pleased. What’s impressed me most is [Rosenthal's] preparation. His attention to detail is superb.” Libla adds that he would recommend Rosenthal to anyone and he recently told his employees, “Even if we lose, we still made the right decision as far as an attorney.” Rosenthal has also come to the rescue of East Jordan Iron Works Inc., which makes construction and municipal castings such as manhole covers and grates. He filed his first case protecting such domestic foundry products in 1985. Anti-dumping orders are still on the books for Brazil, Canada, and China, and a countervailing duty order remains in effect against Brazil. Without Rosenthal, says East Jordan branch manager Steve Wolfberg, “there probably would not be a utility construction casting industry in the USA today. The results he’s obtained over the years have been terrific.” Wolfberg adds, “It’s an honor to know and work with Paul.” Rosenthal also represents many food and agricultural producers. He has brought successful anti-dumping and countervailing duty cases over such products as garlic, honey, and canned pineapples. Pasta, too, is on his plate. Rosenthal has represented the U.S. pasta industry in challenges to European pasta subsidies, winning anti-dumping and countervailing duty orders on imports of pasta from Italy and Turkey. Those orders were first put into place in 1996. Rosenthal scored another win in early September of this year, when the International Trade Commission concluded its sunset review and determined to keep the duties in place. Rosenthal worries about pigs as well, for the National Pork Producers Council. He has represented the group in a long-running battle with Mexico, the second-largest export market for American pork, over attempts to restrict exports of hogs and pork products from the United States. “I have the utmost confidence in Paul. He’s our go-to guy when it comes to imports and trade,” says Nick Giordano, vice president and counsel for international trade policy for the pork producers. Giordano describes Rosenthal as “a great lawyer” and “a winner,” noting, moreover, that he “brings out the best in people. He’s always been able to have fun at what he does.” The International Dairy Foods Association turned to Rosenthal to back up the U.S. government in a successful World Trade Organization challenge to export subsidies on milk. Canadian dairy processors were using a two-tier pricing system, under which government-managed marketing boards set a lower price for milk sold abroad than for milk sold in Canada. The WTO ruled for the United States in 1999 and again in 2001, when Canada failed to comply with the decision. Rounding out Rosenthal’s representation of the major food groups, he is general counsel to the Chocolate Manufacturers Association and the World Cocoa Foundation. Major issues include the use of children overseas to pick cocoa beans. Within the United States, there have been calls to ban such cocoa imports under Section 307 of the Trade Act of 1930, which bars goods made by forced child labor. In response, the chocolate industry has worked with Senate Agriculture Committee Chairman Tom Harkin (D-Iowa), Rep. Eliot Engel (D-N.Y.), West African governments, nongovernmental organizations, and labor experts to develop a certification for cocoa-farming labor practices. Rosenthal hopes the program will “set an example” for other commodities. Rosenthal earned his J.D. from the University of California at Davis School of Law in 1975, then landed a job as counsel to the Senate Committee on Governmental Affairs. He joined the D.C. law firm then known as Collier, Shannon, Rill & Scott in 1981. In addition to Cannon, other well-known trade colleagues include Laurence Lasoff, David “Skip” Hartquist, Michael Coursey, and Robin Gilbert.

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