International Trade

Trade Controls

Described as “the leading firm for export control issues,” Covington advises on U.S., EU, and UK trade controls, including export controls, economic sanctions, and U.S. anti-boycott laws and regulations.

With trade control lawyers based in the United States, European Union, and United Kingdom, as well as practitioners who focus their practices on issues related to China, we help clients navigate compliance with trade control laws and regulations around the world. Our work includes:

• day-to-day advice and guidance on the application of sanctions and export controls;
• counseling on the frequent changes in sanctions programs and export control regulations;
• determining product and technology export jurisdiction/classification;
• providing counsel and assistance on interpretive matters, and obtaining licenses and other authorizations;
• developing and implementing export controls and sanctions compliance programs;
• advocating changes in regulatory programs and legislation;
• conducting risk assessments, compliance reviews, and internal investigations;
• preparing disclosures to U.S. and European government agencies, defending clients in administrative and criminal enforcement cases, and negotiating settlements of trade controls matters; and
• conducting and responding to due diligence and otherwise representing clients on the trade controls dimensions of M&A activities.

Trade Law, Policy, and Disputes

Through various international agreements, countries have made commitments to open their markets to foreign suppliers. We assist clients in pursuing these commitments in negotiations. We also assist clients in enforcing commitments that have been made. Our clients benefit from our extensive senior level government experience in trade policy and market access issues, including as Deputy U.S. Trade Representative, Deputy Secretary of the Treasury Department, Under Secretary of State for Economic Affairs, Assistant Secretary of Commerce, and Senate Finance Committee staff—and, in London and Brussels, as European Commissioner for Trade, Deputy Director-General for Trade in the European Commission, a senior member of the European Parliament’s International Trade committee, and UK Trade Minister.

We help clients respond to violations of trade commitments through both formal and informal mechanisms, and we regularly assist private companies, trade associations, and governments in disputes arising under the WTO Agreements, USMCA/NAFTA, EU Free Trade Agreements, and other international instruments.

We have also assisted numerous private companies and a number of governmental entities in successfully navigating U.S. trade remedy laws, including:

• antidumping and countervailing duty (CVD) laws, including appeals of these cases to the U.S. Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit;
• proceedings under Section 201 (“escape clause”), Section 301 (authorizing retaliation against foreign countries that restrict access to their markets), Section 232 (effect of imports on national security),and the Generalized System of Preferences (GSP); and
• dispute-settlement proceedings.

Our practice includes the former Chair of the U.S. International Trade Commission. In Brussels, we have assisted clients in litigating EU anti-dumping matters before the Court of Justice of the European Union.

Our team has also advised clients on the negotiation of every important U.S. free trade agreement of the past decade, helping our clients achieve objectives in such diverse areas as technical standards, intellectual property, e-commerce, government procurement, and competition policy. Our team has extensive experience with EU free trade agreements, and is in a position to help clients engage in the negotiation and implementation of such instruments.

Customs

Covington advises on a range of U.S. customs compliance matters, including:

• the proper classification and valuation of imported merchandise;
• related party pricing;
• country-of-origin marking and labeling requirements;
• government procurement requirements;
• customs bond obligations;
• harbor maintenance and merchandise processing fees;
• the establishment and operation of Foreign Trade Zones (FTZs);   
• the Generalized System of Preferences (GSP);
• NAFTA/USMCA and other trade preference programs;
• duty mitigation strategies related to supply chain structure, including country of origin analysis, legitimate tariff engineering, first sale, and other customs valuation methodologies; and
• trusted trader programs such as C-TPAT Trade Compliance.

We also help clients develop and implement customs compliance programs and represent clients in audits conducted by U.S. Customs and Border Protection. Where appropriate, we also assist clients in submitting prior disclosures and defend them in enforcement actions.