leleibowitz@hhlaw.com
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Lewis
E.
Leibowitz
Partner, Washington, D.C.
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 1937.
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 the 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 & Hartson Publications
03.09.2010
"Brazil Unveils Final List of U.S. Exports Targeted For Retaliatory Import Duties." Customs Update, Hogan & Hartson LLP
02.16.2010
"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
11.11.2009
"Brazilian Government Targets U.S. Products for Up to a 100% Additional Retaliatory Tariffs." Customs Update, Hogan & Hartson LLP
10.28.2009
"EU Proposes Significant Change in Customs Valuation for Importers Purchasing Goods from Intermediate Sellers (“First Sale” Rule)." Customs Update, Hogan & Hartson LLP
04.03.2009
"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
03.31.2009
"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
03.30.2009
"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
01.23.2009
"With a Massive Economic Stimulus Package on the Horizon, Battle Looms Over 'Buy America' Steel Provisions." Government Contracts & International Trade Update, Hogan & Hartson LLP
01.22.2009
"Mexico Engages in Aggressive Tariff Reductions of Non-Preferential Duty Rates on Thousands of Products." Customs Update, Hogan & Hartson LLP
01.09.2009
"CBP Establishes Inspection Protocol for Fruits and Vegetables Imported From Canada." Food & Agriculture and Customs Update, Hogan & Hartson LLP
12.11.2008
"New IP Law Creates Cabinet-Level IP Enforcement Coordinator." International Trade & Intellectual Property Update, Hogan & Hartson LLP
11.26.2008
"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
10.17.2008
"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
08.22.2008
"Imports of Plants and Plant Products Subject to New Declarations ― Scope Is Broader Than Expected." Customs Update, Hogan & Hartson LLP
07.31.2008
"CBP Proposes Sweeping Changes to Country of Origin Rules." Customs Update, Hogan & Hartson LLP
03.27.2008
"ITC Analyzes the Effects of Possible Changes to U.S.-Chile FTA Rules of Origin." Customs Update, Hogan & Hartson LLP
Published Works
April 2009
"New Interim Regulation And Agency Guidance Implement Recovery Act Buy American Restriction." International Government Contractor, Vol. 6, No. 4, Thomson Reuters
04.08.2009
"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
02.18.2009
"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
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