In July 2016, Lawyer Qian Wenjie joined Gaopeng Law Firm. Rather than using the word 'join', it was more like 'return'. As early as March 2009, Lawyer Qian had already had an inseparable relationship with Gaopeng. Lawyer Qian specializes in WTO and international trade, US 337 investigations, intellectual property, export control, and other related businesses. Through this issue of Gaopeng Humanities, let's learn about her story together.

Gaopeng is a big family full of human touch

In the eyes of Lawyer Qian Wenjie, Gao Peng is a trustworthy team and a warm big family, receiving careful guidance and enthusiastic help from many predecessors. During this period, Lawyer Qian's career also experienced multiple breakthroughs from scratch, and he truly felt Gao Peng's philosophy of "integrity and excellence".

Studying for a PhD in the UK has become a habit of being rigorous

In May 2000, Qian Wenjie applied to pursue a Juris Doctor degree at the Law School of the University of Glasgow in the United Kingdom. The University of Glasgow, founded in 1451, is one of the four oldest universities in the UK and the alma mater of Adam Smith, the father of economics. When choosing a research field as the direction for pursuing a PhD, it coincided with the EU's frequent initiation of anti-dumping investigations and imposition of high punitive tariffs on China. I chose to study WTO trade law and the EU anti-dumping system in order to argue from a legal perspective that the EU's trade policy towards China partially violates WTO rules, so as to urge the EU to make changes to relevant legislation and policies, "said lawyer Qian Wenjie. This study abroad experience undoubtedly brought her great help in terms of knowledge reserve and ability improvement, and also laid the foundation for her later participation as a Chinese lawyer in trade investigations and WTO disputes.

Lawyer Qian Wenjie filmed while in the UK

Lawyer Qian Wenjie recalled her experience studying abroad in the UK, and what had the deepest impact on her was the rigorous academic attitude and persistent spirit in the academic community. Compared with the academic atmosphere in China, in the UK, both undergraduate and doctoral students need to indicate the basis and source of each viewpoint when drafting papers, and there should be a very close legal logic before and after paragraphs. This has enabled Lawyer Qian Wenjie to develop a rigorous habit of logical reasoning. In the fastener disputes she participated in in the future, Lawyer Qian Wenjie also repeatedly used logical reasoning to discover loopholes in the evidence based on the inconsistent views of the European Union.

Craftsmen in the field of international trade have represented Chinese enterprises on multiple occasions

The practice philosophy of Lawyer Qian is to devote oneself wholeheartedly and strive for the most favorable results for clients. In the field of international trade, Lawyer Qian helped export enterprises, the Chinese government and industry associations deal with anti-dumping, countervailing and safeguard measures trade investigations initiated by the EU, the United States, Canada, the Eurasian Economic Union, India, Thailand, Türkiye and other regions, and won low or even zero tax rates for export enterprises many times. In the 2014-2015 Eurasian Economic Union anti-dumping investigation on oil well pipes from China and the 2018-2019 Eurasian galvanized sheet anti-dumping investigation, Lawyer Qian obtained price commitments for multiple Chinese companies and obtained exemption from anti-dumping duties within a certain range.

Lawyer Qian Wenjie took photos while on a business trip in Paris, France

In addition, Lawyer Qian has represented Chinese companies multiple times in responding to the US 337 investigation, and has achieved non settlement and comprehensive victory in the lawsuit, maximizing the protection of export interests. In the first 337 investigation launched by the United States into Chinese steel products, Lawyer Qian represented Shougang Group in responding to the lawsuit. The case was terminated on March 19, 2018 after two years, and the Chinese side won all the points of appeal. In the US 337 investigation into Chinese sweeteners, Lawyer Qian represented Beijing Weiduo Chemical Co., Ltd. in the lawsuit and forced the plaintiff to withdraw the case within six months after filing.

Number of working papers on WTO dispute over subsidy measures for European and American large aircraft

The first WTO dispute to bring the EU to the WTO has turned China's defense into an attack on the issue of China Europe trade

Lawyer Qian attends WTO hearing on China Europe fastener dispute

When it comes to the most memorable case, the one that left the deepest impression on Lawyer Qian was the China Europe Fastener Dispute (DS397), which was the first WTO dispute in which China sued the European Union to the WTO, and had a milestone significance for the EU's trade legislation and policies towards China in the future. From 2009 to 2016, the international trade law team of Gaopeng Law Firm was employed by the Ministry of Commerce of China, and therefore Lawyer Qian participated in the dispute resolution process of the case for 7 years. This case is the only one in which China has won four consecutive victories in a WTO dispute. The European Union was forced to amend Article 9.5 of the Basic Anti Dumping Regulation in 2012, permanently canceling the discriminatory trade policy against China. In 2016, the EU lifted up to 85% of its anti-dumping measures on Chinese fasteners. More importantly, the WTO provided a favorable interpretation for China in this case regarding the application of non market economy laws, limiting the discretion of anti-dumping investigation authorities. As reported by Reuters, the fastener dispute has turned China's defense into an attack on the issue of China Europe trade and accelerated the process of the World Trade Organization recognizing China's market economy status.

The Chinese government delegation attending the WTO fastener dispute enforcement appeal hearing in November 2015 (lawyer Qian Wenjie on the fourth right)

Rigorous and pragmatic, with a focus on strategy and overall analysis, is the most intuitive impression that Lawyer Qian Wenjie gives to everyone. She is able to objectively evaluate the strength of all parties and the trend of cases in her work, and strive for the maximization of benefits for clients from a long-term perspective. Lawyer Qian will continue to work in the field of trade remedy law in the future, providing advice and strategies for Chinese enterprises going abroad, and fighting for their legitimate rights and interests.

Lawyer Qian (third from the left) at the negotiation site of the Eurasian Economic Union price commitment

Make reading a way of life

People who love reading can find true peace in their inner world. When it comes to her hobbies, Lawyer Qian has a special fondness for reading. Among the books she has read, she recommended Charlie Munger's "Poor Charlie Handbook" to us. The universal wisdom and life philosophy in the book can solve many confusions encountered in life and work.

Lawyer Qian obtained a price commitment for the company and personally went to the Ministry of Commerce to deliver a banner

I love the work of a lawyer very much and take pride in it. Since our clients choose us, we must give it our all. Whether it's government or corporate clients, we should be dedicated and dedicated. "This is what Lawyer Qian said, and also what all lawyers at Gaopeng Law want to say!