Arnoud R. Willems

• Advised a global nuclear energy company on the development of an anti-subsidy risk assessment, including a compliance manual.
• Obtained positive results like the imposition of trade defense measures for clients, a suspension of duties for a mining client, avoidance of duties for a chemical client, price undertakings for solar panel clients, product exclusions for several clients, duty reimbursement for a silicon client, exemption certificates for anti-circumvention duties for electronics and bike clients, and duty refunds for shoe clients.
• Developed an anti-dumping compliance program for several raw materials clients.
• Advised a metal company on avoiding electricity cost adjustments in the dumping calculation, significantly lowering its duty.
• Advised several multinationals on customs matters in different EU Member States on processing authorizations for goods subject to trade policy measures.
• Assisted several companies with the classification and origin of their products, including through Binding Tariff Information and Binding Origin Information (rulings).
• Assisted a global automotive company in a pan-EU customs valuation investigation.
• Represented an apparel importer to obtain customs duty refunds through a retroactive application of origin, as laid down in the EU-Vietnam FTA.
• Advised companies on obtaining interest from customs over refunded anti-dumping and import duties.
• Defended a global technology producer accused of customs fraud to prove its position and avoid any duties and fines.
• Helped a technology company with trade policy issues related to managing changes in the EU political landscape such as the rise of China, increased protectionism, and strategic autonomy (tariffs autonomy, enforcement, sanctions, subsidies, raw material access, sustainability due diligence, investment screening).
• Assisted an association concerning the use of WTO rules to avoid national legislation that would harm its members.
• Assisted a trade association in improving the protection of intellectual property of its members through the use of trade agreements, including finding best practices and a win-win solution for all stakeholders.
• Advised a government body on using trade agreements strategically to benefit the financial and services sectors, including how to shape digital rules, and which rules it should try to incorporate into trade agreements.
• Assisted a global construction company in reviewing its transactions with countries on the economic sanctions list.
• Assisted several clients in litigation before EU Courts. Arnoud's successes include the following ground-breaking cases:
• Case C-365/15 (interest in customs cases)
• Case T-460/14 (sweetcorn)
• Cases C-659/13 (footwear Clarks)
• Cases T-401/06 and C-249/10P (footwear Brosmann)
• Case T-107/08 (silico-manganese)
• Case T-314/06 (refrigerators)
• Case T-107/04 and T-151/06 (silicon)
• Case T-199/04 (bed linen)
• Case C256/16 (footwear)
• Case T-479/20 and C-517/22P (fasteners)

Arnoud Willems is a Partner in the International Trade Team of King & Spalding. Arnoud advises clients on all aspects of trade law, including trade remedies, customs, trade compliance, and trade agreements. With over 30 years of experience, he is a trusted adviser to entrepreneurs, executives, and diplomats with an unparalleled network. Arnoud deeply understands how trade rules shape global flows of capital, investment, goods, technology, and services, especially with respect to competitiveness, and the application of trade rules to various sectors. He helps clients navigate complex rules, manage their risks, and become more successful in their long-term strategy.

Arnoud has assisted complainants, respondents, associations, governments, importers, and users in more than 200 high-profile anti-dumping, anti-subsidy, safeguard, and anti-circumvention investigations. Along with representing clients in such cases before the European Commission, national and EU courts, he has worked on several third-country cases (Russia, China, Türkiye, Philippines, Indonesia, Brazil). Arnoud’s cases often involve pan-European strategies with simultaneous litigation in several countries.

Regarding customs matters, Arnoud has broad experience in advising clients on EU customs issues, including entry, classification, valuation, origin, tariff suspensions, authorizations, audits, refunds/remissions and fraud allegations, notably OLAF and EPPO. A key aspect of his practice concerns working with EU and national authorities to help clients unlock customs issues or assist with resolving differences in approach between various EU member states.

Regarding trade agreements, Arnoud advises clients on leveraging market access and enforcement tools provided by trade rules in the WTO, free trade, investment, and other agreements. With these tools, Arnoud has helped companies address key trade and regulatory barriers affecting their ability to move, sell and protect goods, services, and intellectual property across borders. To conclude, Arnoud has assisted governments and companies in negotiating trade agreements, especially in making them concrete, and by creating so-called gold standards by leveraging best practices.