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Lewis E. Leibowitz
Of Counsel, Washington, D.C.
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lewis.leibowitz@hoganlovells.com

Lewis Leibowitz practices in the areas of international trade law, customs law, and international commercial transactions. He represents clients before all federal courts and agencies dealing with international trade matters, including the Department of Commerce, the U.S. Trade Representative's Office, the International Trade Commission, U.S. Customs and Border Protection, the Court of International Trade, and the Court of Appeals for the Federal Circuit.

A leading attorney in international trade matters under domestic law and international agreements, Lewis advises and assists clients in diverse matters including trade remedies, customs, foreign-trade zones and free trade agreements, trade negotiations, and related matters. In addition, he works with clients on intellectual property matters arising under Section 337 of the Tariff Act of 1930.

Related to his work dealing with the effects on U.S. and international companies of international trade rules and disputes, Lewis has been active in matters involving Congress in international trade law and policy, such as trade reform customs legislation and approval of international trade agreements by Congress. He also works with clients in matters affecting trade policy and international investment, and is extensively involved in customs procedures and especially Foreign-Trade Zones (FTZ) as a tool for enhancing international competitiveness and economic development. He counsels clients concerning the benefits of FTZ use, and represents clients in numerous application proceedings, Foreign Trade Zones Board hearings, revisions to FTZ and Customs regulations, and related matters.

In the customs area, Lewis represents clients in every major facet of customs law and policy, including rulings, classification of imported merchandise, bonds, fines, penalties, seizure and forfeiture proceedings, valuation, country of origin marking, and eligibility of products and processing under free trade agreements and trade preference programs. He is recognized as a leader in pulling together trade agreements, trade policies, and practical solutions for business problems to enhance competitiveness for manufacturing, high-technology, and other companies.

Lewis works on international trade and business transactions affecting international trade. He has worked on trade implications for such timely issues as Buy America rules and climate change legislation. Industries in which Lewis has experience include aerospace, agriculture, automotive, fossil and nuclear energy, and steel production and steel-consuming industries. In steel, he has worked on a large variety of trade cases involving steel and products containing steel. He has participated in the negotiation of international steel agreements, worked with clients to obtain relief from steel trade restrictions, including antidumping/countervailing duties, safeguard tariffs, and quotas. In 2002-03, he was very active in the successful effort on behalf of steel consuming industries to remove the steel safeguard measures. He also worked with a coalition of consuming industries in a successful effort in 2005 and 2006 to secure congressional repeal of the "Byrd Amendment," which distributed funds to supporters of U.S. producers of steel and other products and was ruled inconsistent with U.S. WTO obligations.

Lewis has served as an adjunct professor at the University of Maryland Law School and at Georgetown University Law School and is a frequent speaker and panelist on international trade law and policy subjects.

REPRESENTATIVE EXPERIENCE
  • Antidumping and countervailing duty matters — representation of respondents and U.S. purchasers and consumers of products subject to investigation, including stainless steel products, uranium, magnesium, polyethylene terephthalate film, carbon steel plate, hot-rolled and cold-rolled steel, standard pipe, and steel wire rod.
  • Representation of coalition of steel consumers in rescission of steel safeguard measures imposed in 2002 and repeal of Byrd Amendment in 2005.
  • Customs rulings and litigation on proper classification of various items of merchandise (industrial and electronic).
  • Foreign-Trade Zone matters — representation of many companies in FTZ application proceedings, rulemaking proceedings, policy issues, Customs processes including FTZ "activation," penalty proceedings, etc. Additional experience related to zone expansions and analysis of FTZ benefits for particular manufacturing, distribution, industrial parks, etc.


Hogan Lovells Publications
09 December 2013 "Landmark WTO Trade Facilitation Agreement Promises to Streamline Customs Clearance Procedures Around the World." Customs Alert, Hogan Lovells

03 September 2013 "China's New VAT Regulations May Significantly Increase Charges on China Exports." International Trade Alert, Hogan Lovells

24 July 2013 "CBP publishes final rule to refuse importation or conditionally release consumer products and industrial equipment noncompliant with energy conservation or labeling standards." Customs Alert, Hogan Lovells

12 February 2013 "Brazil considering large tariff increases on 100 additional products." Customs Alert, Hogan Lovells

07 June 2012 "Transaction value more readily acceptable in related-party sales subject to transfer pricing." Customs Alert, Hogan Lovells

10 April 2012 "U.S. companies can seek new customs duty savings under new Miscellaneous Tariff Bill (MTB) — existing MTB duty suspensions or reductions must be reintroduced." Customs Alert, Hogan Lovells

19 January 2012 "CBP proposes changes to related party valuation of imports subject to post-entry adjustments involving transfer pricing programs: transaction value and reconciliation likely to be affected." Customs Alert, Hogan Lovells

27 September 2011 "Customs Proposes New Rules on Transaction Value Imports from Related Parties." Customs Alert, Hogan Lovells

May 2010 "Climate Change Newsletter." Climate Change Newsletter, Hogan Lovells

09 March 2010 "Brazil Unveils Final List of U.S. Exports Targeted For Retaliatory Import Duties." Customs Update, Hogan & Hartson LLP

16 February 2010 "U.S. and Canada Announce Agreement to Improve Access to Government Procurement Opportunities in Each Others' Markets." Government Contracts, International Trade, and Stimulus Legislation Update, Hogan & Hartson LLP

11 November 2009 "Brazilian Government Targets U.S. Products for Up to a 100% Additional Retaliatory Tariffs." Customs Update, Hogan & Hartson LLP

28 October 2009 "EU Proposes Significant Change in Customs Valuation for Importers Purchasing Goods from Intermediate Sellers (“First Sale” Rule)." Customs Update, Hogan & Hartson LLP

03 April 2009 "Administration Publishes Interim Regulations to Implement Buy American Restrictions for Federal Building and Works Projects Funded by the Stimulus Plan." Government Contracts & International Trade Update, Hogan & Hartson LLP

31 March 2009 "Mexico Imposes Retaliatory Tariffs on Bilateral Trade Valued at $2.4 Billion on Selected U.S.-Origin Agricultural and Industrial Products." Customs Update, Hogan & Hartson LLP

30 March 2009 "European Trading Partners and U.S. Industry Express Concerns Over Implementation of Stimulus Bill Buy America Requirements." Government Contracts & International Trade Update, Hogan & Hartson LLP

23 January 2009 "With a Massive Economic Stimulus Package on the Horizon, Battle Looms Over 'Buy America' Steel Provisions." Government Contracts & International Trade Update, Hogan & Hartson LLP

22 January 2009 "Mexico Engages in Aggressive Tariff Reductions of Non-Preferential Duty Rates on Thousands of Products." Customs Update, Hogan & Hartson LLP

09 January 2009 "CBP Establishes Inspection Protocol for Fruits and Vegetables Imported From Canada." Food & Agriculture and Customs Update, Hogan & Hartson LLP

11 December 2008 "New IP Law Creates Cabinet-Level IP Enforcement Coordinator." International Trade & Intellectual Property Update, Hogan & Hartson LLP

26 November 2008 "U.S. Customs and Border Protection Issues Interim Rule for New Security Filing and Additional Carrier Requirements (10+2 Rule)." Customs Update, Hogan & Hartson LLP

17 October 2008 "U.S. Government Takes First Steps to Implement the New Lacey Act Declaration Requirements; Enforcement Schedule Announced, While Scope of Application Remains Unclear." Customs Update, Hogan & Hartson LLP

22 August 2008 "Imports of Plants and Plant Products Subject to New Declarations ― Scope Is Broader Than Expected." Customs Update, Hogan & Hartson LLP

31 July 2008 "CBP Proposes Sweeping Changes to Country of Origin Rules." Customs Update, Hogan & Hartson LLP

27 March 2008 "ITC Analyzes the Effects of Possible Changes to U.S.-Chile FTA Rules of Origin." Customs Update, Hogan & Hartson LLP

25 January 2008 "Customs Proposes Elimination of “First Sale” Valuation Policy." Customs Update, Hogan & Hartson LLP

14 January 2008 "U.S. Customs and Border Protection Proposes Significant New Advance Reporting Requirements for Importers and Carriers." Customs Update, Hogan & Hartson LLP

09 November 2007 "U.S. Trade Representative Announcement Regarding Loss of GSP Eligibility for Certain Imports." Customs Update, Hogan & Hartson LLP

25 January 2007 "New Tariff Changes Take Effect on February 3, 2007." Customs Update, Hogan & Hartson LLP

11 January 2007 "CBP Seeks Comments on "10+2" Proposal." Customs Update, Hogan & Hartson LLP

19 December 2006 "Trade Preferences Extended, Miscellaneous Trade and Tariff Provisions Passed." Customs Update, Hogan & Hartson LLP

29 March 2006 "Customs is Considering a Significant Change to Its Methodology for Making Country of Origin Determinations." Customs Update, Hogan & Hartson LLP

13 February 2006 "Duty Suspension Bills May Permit Reduction in Import Duty Expenditures." Customs Update, Hogan & Hartson LLP

01 January 2006 "Potential Trap for the Unwary?" Customs Update, Hogan & Hartson LLP

23 November 2005 "Update on the WTO Negotiations on Trade Facilitation: How Will the WTO Negotiations Affect the Bottom-Line for Companies?" Customs Update, Hogan & Hartson LLP

01 August 2005 "August 2005 Customs Update." Customs Update, Hogan & Hartson LLP

23 December 2004 "FDA Finalizes Bioterrorism Recordkeeping Requirements on Food Imports." Customs & International Trade Update, Hogan & Hartson LLP

20 December 2004 "World Customs Organization Commits to Global Trade Security and Facilitation Standards." Customs & International Trade Update, Hogan & Hartson LLP

01 October 2004 "The Floodgates of Textile Actions Open: Industry Files Threat-Based China Textile Safeguard Petitions." Customs & International Trade Update, Hogan & Hartson LLP

01 September 2004 "Customs & Court of International Trade." International Trade Update, Hogan & Hartson LLP

01 September 2004 "WTO Arbitrator Authorizes Retaliation Against the United States for Byrd Amendment Violations." International Trade Update, Hogan & Hartson LLP

28 February 2003 "Benefits of Duty Suspension Legislation." International Trade Update, Hogan & Hartson LLP

01 March 2001 "Antidumping Development: WTO Appellate Body Decision Condemning "Zeroing" Practice." International Trade Update, Hogan & Hartson LLP

Published Works
14 October 2013 "Op-ed: Cove Point decision should govern all LNG export requests." Oil & Gas Financial Journal, PennWell Corporation

14 April 2010 "Tariff Cuts As Economic Stimulus." Law360, Portfolio Media, Inc.

April 2009 "New Interim Regulation And Agency Guidance Implement Recovery Act Buy American Restriction." International Government Contractor, Vol. 6, No. 4, Thomson Reuters

08 April 2009 "Feature Comment: New Interim Regulation And Agency Guidance Implement Recovery Act Buy American Restriction." Government Contractor, Vol. 51, No. 14, Thomson Reuters

March 2009 "New IP Law Creating Cabinet-Level IP Enforcement Coordinator Signals Enhanced Focus on Combating Counterfeit Goods." Intellectual Property & Technology Law Journal, Aspen Publishers

18 February 2009 "Feature Comment: How Will Buy America Restrictions Affect Economic Stimulus Spending?" The Government Contractor, Vol. 51. No. 7, West/Thomson

January 2009 "With A Massive Economic Stimulus Package On The Horizon, Battle Looms Over ‘Buy America’ Steel Provisions—Stimulus Package And Other Bills Would Significantly Expand Steel Source Restrictions." International Government Contractor, Vol. 6, No. 1, Thomson Reuters/West

May 2008 "Is U.S. Trade Policy Helping or Hurting U.S. Manufacturers?" World Trade Magazine

31 January 2007 "WTO Negotiations on Trade Facilitation: Prospects for Cutting Red Tape at the Borders and Opening Doors for Developing Countries." International Trade Law Review

11 September 2006 "Textiles and Apparel in FTZs - What You Need to Know." The Journal of Commerce, Vol. 7, Issue 37

01 September 2003 "WTO Negotiations on Rules: Prospects for Reform 'From the Centre.'." The World Trade Brief.

PRACTICES
Legislation and Political Law Compliance
International Trade and Investment
Energy
Intellectual Property
Climate Change
Mergers and Acquisitions
Infrastructure, Energy, Resources and Projects
Food, Drug, Medical Device and Agriculture
Government Contracts
Real Estate
Environment
Derivatives
Outsourcing
Patents
INDUSTRY SECTORS
Automotive
Energy and Natural Resources Group
Infrastructure
Pharmaceutical and Biotechnology
Medical Devices
Financial Institutions
Real Estate
Electronics
Road and Rail
Maritime
Transportation
Aerospace, Defense, and Government Services
Energy Trading and Derivatives
Oil, Gas and LNG
AREAS OF FOCUS
  • Customs Law and Policy
  • Foreign-Trade Zones 
  • Antidumping/Countervailing Duties
  • Safeguard Proceedings
  • Intellectual Property Disputes (Section 337)
  • Trade Policy
  • Trade Legislation
EDUCATION
J.D., with honors, Order of the Coif, University of Maryland School of Law, 1975 B.A., University of Maryland, Baltimore, 1970
MEMBERSHIPS
  • Officer and Director, currently Vice Chairman, National Association of Foreign-Trade Zones  
  • Member, American Bar Association
  • Counsel, Consuming Industries Trade Action Coalition
  • Member, American Association of Exporters and Importers
  • Member, American Institute for International Steel
  • Board of Visitors, University of Maryland School of Law
AWARDS / RANKINGS
  • Chambers Global, USA - International Trade: Trade Remedies & Trade Policy, 2005-2009, 2011-2013
  • Chambers USA, International Trade: Trade Remedies and Trade Policy, 2006-2013
  • Who's Who Legal: The International Who's Who of Business Lawyers, Trade and Customs, 2008-2013 
  • Guide to the World's Leading International Trade Lawyers, 2007-2008
BAR ADMISSIONS / QUALIFICATIONS District of Columbia Maryland
COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, Federal Circuit Court of International Trade District of Columbia Court of Appeals
LANGUAGES German