Apisith John Sutham

Counsel


Contact Details

T: + 66 2 264 8000
F: + 66 2 657 2222
Email:

Apisith John Sutham is Counsel and head of the international trade practice group. John has extensive experience representing foreign and domestic clients in WTO/international trade and trade remedies investigations, including antidumping, countervailing duty and safeguard investigations. He also has experience advising clients on customs matters, trade policy, trade compliance, cross-border regulatory requirements, and trade and investment. John also advises clients on trade and investment strategy and policy, including free trade agreements. His legal practice also covers a wide spectrum of corporate, commercial transactional, finance, international commercial arbitration, cross-border transactions, outbound and inbound foreign investment and mergers and acquisitions. 

Recent Experience

Represented Deestone Group, the largest domestic tire producers and exporters in Thailand, in the U.S. Antidumping investigation on Imports of Passenger Vehicles and Light Trucks (PVLT) from Korea, Taiwan, Thailand and Vietnam. Supporting the White & Case trade team based in Washington, D.C., Weerawong C&P was able to secure the lowest all other rate for Thailand (17.08%), by far the lowest among the four subject Asian countries, thereby giving Deestone the competitive advantage vis-à-vis its competitors in Korea, Taiwan and Vietnam in the highly competitive U.S. tire market in May 2021. Value of imported PVLT from the 4 subject countries: USD 4 billion.

Represented UACJ, China Nonferrous Metals Industry Association (CNIA), and Valeo in Thailand Safeguards Investigation on Imports of Aluminum Foils. This safeguard investigation was a high-profile trade dispute involving aluminum foil imports which are widely used in key industries such as air-conditioning (Thailand is the world no.1 exporter) and packaging industries. As Japan and China are top exporting countries of aluminum products, our clients, UACJ and CNIA, both had significant stakes in the outcome. Weerawong C&P successfully contributed to the final successful outcome in the termination of the investigation in August 2020. Value of imports in Thailand in 2019: USD 300 million.
 
Represented KG Dongbu Group and Baosteel Group in the Thai antidumping investigations on imports of Tinplate (TP) & Tin Free Steel (TFS) from China and Korea. China Iron and Steel Association (CISA). Weerawong C&P was able to successfully obtain a low anti-dumping duty rate for KG Dongbu in the TFS case and zero percent rate in the TP case, as well as for our Chinese client, Baosteel in October 2021.

Represented POSCO-Thainox Public Company Limited as petitioner in Thai expiry reviews of antidumping measures on cold-rolled stainless steels from China, and from Japan, Korea and Taiwan, respectively (2019, 2021) Antidumping measures were extended for 5 more years in both review investigations.

Represented Maruichi Sunsteel (Vietnam) in the Thai anti-dumping investigation on Coated Aluminum Zinc Alloy Cold-Rolled Steel from Vietnam (2016) [lowest anti-dumping duty rate of 6% among all cooperating exporters]

Represented POSCO in the Thai anti-dumping investigation on Pickled & Oiled Hot-Rolled Steel from Korea (2016) [Investigation terminated due to no injury]

Represented Bluescope Australia on the Thai anti-dumping investigation on Hot-Rolled Steel from Australian and Egypt (2017) [Investigation terminated due to no injury]

Co-represented Sahamitr Pressure Container Public Company Limited with White & Case (as lead U.S. counsel) in the U.S. anti-dumping investigation on Steel Propane Cylinders from Thailand (2018) [Antidumping duty rate of 10%]

Professional Activities

Speaking Engagements 

Adjunct lecturer, International Economic Law and Institutions, International LL.M. (Business Law) Program at Chulalongkorn University Faculty of Law (2001-2005; 2011- present).

Lecturer, a course on International Business Law, Webster University Cha-Am Campus, Department of Business and Technology (2006-2007).

Lecturer, a course on Legal Writing and Drafting, LL.M. (Business Law) Program at Chulalongkorn University Faculty of Law (1999-2010). 

Lecturer (with Edwin Vermulst), Training Workshop on WTO Trade Remedies’ Law and Practice, sponsored by the Asian Develop Bank and the International Institute for Trade and Development, Bangkok (2004 – 2008).

Panelist, Conference held by the Department of Foreign Trade, Ministry of Commerce, on the proposed Safeguards Act (February 2005).

Lecturer, “Anti-Dumping and Countervailing Measures”, "Regional Trade Arrangement and Rules of Origin", “Introduction to Non-Tariff Barriers in International Trade”, and “IPR in International Trade: Tools for Enhancing Export Growth”, Training Courses on Managing a Market Economy in a Globalizing World, sponsored by the International Institute for Trade and Development, in cooperation with the Thailand International Cooperation and Development Agency (TICA), Bangkok (2005).

Lead speaker, Seminar organized by PricewaterhouseCoopers Legal entitled “Winning the Export War through Advanced Legal, Tax and Technology Solutions” (2002).

Speaker, Capacity Building Program/Workshops for Implementation of WTO Agreements in Thailand, sponsored by Japan International Cooperation Agency, WTO Technical Assistance Consultant Team, UFJ Institute (August 2002).

Lead speaker, Seminar sponsored by PricewaterhouseCoopers Legal and the Department of Foreign Trade, Ministry of Commerce, entitled “Safeguards under WTO and Thai Law: Legal and Practical Considerations for Thai Industries”, given to representatives from various industries in Thailand (2001).

Publications

‘Thailand’, Getting the Deal Through – Trade and Customs, Lexology, 2023

‘Thailand’, The Law Reviews - The International Trade Law Review, Law Business Research, 2021

Co-author, “Judicial Review of Trade Remedy Determinations in Thailand”, Judicial Review of Trade Remedy Determinations, edited by Müslüm Yilmaz (2012).

“Overview of Thailand’s Antidumping Law and Practice”, The Legal Media Group Guide to the World’s Leading International Trade Lawyers (March 2007).

“How Business Can Take Advantage of Free Trade Agreements: Some Practical Advice”, Global Trade and Customs Journal, Vol. 2, Issue 4 (2007).

“The Ten Majors Problems with the Anti-dumping Instrument in Thailand,” Journal of World Trade, (part of the TEN Project, a project participated by leading trade practitioners from the U.S., EU, India, South Africa, Brazil, Mexico and Thailand) (January 2005).

“Essential Business Guide to the Law of International Trade and Commercial Transactions” (Sweet & Maxwell Asia, May 2004).

Co-author (with Duncan Cameron), “International Joint Venture in Thailand”, Chulalongkorn Review (September 2003).

Co-author, “Bi-lateral Free Trade Agreements: New Market Opportunities?”  Post Today (October 22, 2003).

Education

MBA, General Management, Solvay Brussels School of Economics and Management, Free University of Brussels, Belgium, 1994

J.D., School of Law, Fordham University, USA, 1991

B.A. Economics, St. John's University, USA, 1987

Bar Admissions

New York State Bar Association, 1991

United States Court of International Trade

Citizenship

Thai

Languages

Thai, English

Recent Accolades

Litigation Star, Trade and Customs, Benchmark Litigation, 2020-2023

Distinguished Practitioner, International Trade, Asialaw, 2022-2023

Notable Practitioner, Corporate-M&A, Asialaw, 2021

Recommended Lawyer, Trade & Customs, Who’s Who Legal, 2020-2023

Thailand’s Top 100 Lawyers, Asia Business Law Journal, 2020-2023

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