David R. Grace

Of Counsel

dgrace@cov.com
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Covington & Burling LLP
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401
Tel: 202.662.5368


 

Practices

Industries

Education

  • Georgetown University Law Center, LL.M., 1984
  • Harvard Law School, J.D., 1981
    • cum laude
    • Harvard International Law Journal, Articles Editor
  • Princeton University, A.B., 1978
    • magna cum laude

Bar Admissions

  • District of Columbia
  • Illinois

Languages

  • French


David Grace has an active practice involving customs and international trade law matters and related litigation.  He regularly advises clients on the proper classification and valuation of imported merchandise (including transfer pricing between related parties), foreign-origin marking requirements, customs bond obligations, American Goods Returned, the GSP program, NAFTA, and other trade preference programs.

Mr. Grace has helped a number of clients conduct internal audits and then worked with them to implement customs improvement plans.  He also regularly represents clients in CBP Focused Assessments.  In addition, he has advised clients with respect to the establishment and operation of Foreign Trade Zones (FTZs), the application of CBP’s “customs business” rules, and the Customs-Trade Partnership Against Terrorism (C-TPAT) and Importer Self-Assessment (ISA) programs.

In addition to his advisory practice, Mr. Grace regularly represents clients in penalty investigations, seizures, and other enforcement actions at ports of entry and at CBP Headquarters in Washington DC.  He has also represented clients in customs litigation in the U.S. Court of International Trade.

Mr. Grace also has extensive experience in representing clients in antidumping and countervailing duty investigations and has participated in several Section 201 "escape clause" and Section 301 proceedings.  In addition to appearing before the Commerce Department, the U.S. International Trade Commission, and USTR, he has also participated in related trade remedy litigation.

Finally, in addition to his active US practice, Mr. Grace has also represented private and governmental clients involved in dispute-settlement proceedings arising under the WTO's Dispute Settlement procedures.

Representative Matters

  • Advising a Fortune 50 company with respect to the proper classification of personal care products.
  • Assisting a life sciences company in connection with a substantial prior disclosure concerning the proper valuation of certain R&D materials imported into the United States.
  • Preparing ruling requests for a major Japanese electronics company and its US subsidiaries with respect to classification, government procurement, and foreign-origin marking issues.
  • Providing foreign-origin and “Made in USA” marking advice to a manufacturer of generic OTC products.
  • Representing a major automobile manufacturer and its US subsidiaries in connection with a transfer pricing inquiry by CBP and an associated audit.
  • Representing a major retailer in a criminal investigation and Section 592 penalty proceeding with respect to the posting of antidumping cash deposits.
  • Representing a Fortune 100 company in a multi-million dollar dispute with the customs authority in a foreign country with respect to the proper valuation of US goods exported to that country.

Previous Experience

  • U.S. Army, Corps of Engineers, Honors Program of the Chief Counsel, Captain (1981-1984)

Pro Bono

  • Committee on Human Rights of the International Law Section of the District of Columbia Bar, Co-Chair (1990-1991)

Memberships and Affiliations

  • Intellectual Property Fraud Reporter, Managing Editor (1990-1995)

Publications and Speeches

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