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- Home
- Professionals
- Victor D. Ban
Victor Ban helps clients in technology, energy, and manufacturing navigate international trade policy and customs matters and complex cross-border disputes. His experience includes assisting companies and governments in connection with trade compliance assessments under U.S. law and international agreements, World Trade Organization (WTO) dispute settlement, antidumping and countervailing duty investigations, trade agreement negotiations, and international arbitration. He has handled matters before the U.S. Department of Commerce, the U.S. International Trade Commission, U.S. Customs and Border Protection, and various U.S. federal courts and arbitral tribunals, and is a licensed U.S. Customs Broker. To each engagement, he brings skills and insights drawn from his experience in business, government, and multilateral institutions, spanning the U.S. and East Asia.
Prior to joining the firm, he clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit and Judge Rudolph Contreras of the U.S. District Court for the District of Columbia.
Previously, Mr. Ban was a management consultant with McKinsey & Company, serving financial services, technology, and consumer goods clients across Mainland China, Taiwan, and Hong Kong. Mr. Ban has also worked with the Office of the U.S. Trade Representative and the United Nations Human Settlements Programme in Japan.
Trade Remedy and Tariff Proceedings
- Preparing requests for exclusions from Section 301 tariffs on imports from China and Section 232 tariffs on aluminum imports.
- Representing a Canadian aircraft manufacturer in a U.S. countervailing duty investigation and advising on related WTO proceedings.
- Advising a multinational chemical manufacturer regarding an antidumping investigation in China and applicable WTO disciplines.
Customs Matters
- Assisting a medical device manufacturer with a ruling request addressing classification and country of origin.
- Assisting an aluminum manufacturer with a prior disclosure and related classification and tariff exclusion analysis.
- Assisting an optical device manufacturer with a request for internal advice and related prior disclosure.
- Advising clients on customs compliance and corrective actions.
International Trade Policy
- Advising companies and trade associations regarding the obligations of foreign governments under various WTO and free trade agreements.
- Preparing comments for the Special 301 Out-of-Cycle Review of Notorious Markets administered by the Office of the U.S. Trade Representative.
- Advising an East Asian trade ministry on the interpretation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
- Assessing the compliance of various transactions and government support with the WTO Agreement on Subsidies and Countervailing Measures and the OECD Arrangement on Officially Supported Export Credits.
International Arbitration
- Representing a technology firm in arbitration stemming from cross-border cyber-fraud.
- Representing a Korean state-owned enterprise in arbitrations concerning tax indemnification and in enforcement of arbitral awards.
Pro Bono
- Representing individuals experiencing homelessness in challenging the constitutionality of the District of Columbia government’s destruction of unattended personal belongings during “encampment” clearings, Proctor et al. v. District of Columbia, No. 18-cv-701 (D.D.C.).
- Supporting tenants and landlords appearing before the Landlord-Tenant Branch in the Civil Division of the Superior Court of the District of Columbia.
- Representing a provider of behavioral health and residential services in proceedings before the District of Columbia Office of Administrative Hearings.
- Representing a defendant charged with second-degree assault in the District Court of Prince George’s County, Maryland.
Previous Experience
- Office of the U.S. Trade Representative, Intern (2011)
- McKinsey & Company, Business Analyst and Associate (2007-2010)
- United Nations Human Settlements Programme, Coordinating Officer (2009)
"Made in China”? U.S. Customs’ Country of Origin Analysis for Section 301 Tariffs
August 13, 2020, Customs Inspections and Rules of Origin Analysis
June 16, 2020, Global Policy Watch
On June 3, 2020, the Office of the U.S. Trade Representative released the Uniform Regulations elaborating on the rules of origin in the United States-Mexico-Canada Agreement (“USMCA”). As the USMCA is slated to enter into force on July 1, 2020, the Uniform Regulations reflect the three parties’ consensus on how the USMCA’s rules of origin...… Continue Reading
January 17, 2020, Global Policy Watch
On January 15, 2020, President Trump and Chinese Vice Premier Liu He signed the much-anticipated “Phase One” trade agreement between the U.S. and China. Set to take effect no later than February 14, 2020, the “Economic and Trade Agreement Between the United States of America and the People’s Republic of China” (the “Agreement”) is the...… Continue Reading
January 17, 2020, Covington Alert
On January 15, 2020, President Trump and Chinese Vice Premier Liu He signed the much-anticipated “Phase One” trade agreement between the U.S. and China. Set to take effect no later than February 14, 2020, the “Economic and Trade Agreement Between the United States of America and the People’s Republic of China” (the “Agreement”) is the first formal accord ...
October 21, 2019, Covington Alert
On October 18, 2019, the U.S. Administration announced the launch of a new product-specific exclusion request process for tariffs on approximately $112 billion in Chinese imports that were imposed on September 1, 2019. The exclusion process will close on January 31, 2020, and its requirements are similar to those applicable to the latest exclusion process for an ...
August 30, 2019, Covington Alert
On August 27 and 29, 2019, the U.S. Administration released notices concerning increases in certain tariffs on Chinese imports, marking the latest escalation in bilateral trade frictions.
May 14, 2019, Covington Alert
On May 13, days after increasing tariffs on $200 billion in Chinese imports, the U.S. Administration proposed imposing an additional 25 percent tariff on a new list of $300 billion in Chinese imports. The Administration cited China’s “failure to meaningfully address” problematic intellectual property (IP) practices and its retaliatory responses to U.S. tariffs ...
May 8, 2019, Covington Alert
On May 8, the U.S. Administration confirmed its intent to increase tariffs on $200 billion in Chinese imports from 10 percent to 25 percent, effective Friday, May 10, 2019, and establish a process for requesting exclusions from these tariffs. As justification for these actions, the Administration cites the “lack of progress in discussions with China” and ...
April 25, 2019, Global Policy Watch
The U.S. government is now considering how to define potential new export controls on “emerging technologies.” Our article in the China Business Review explains the legislative context informing the current rulemaking process, highlights key themes in public comments submitted by stakeholders in response to an initial request for input, and offers ...
February 19, 2019, Covington Alert
Late last week, President Trump signed an appropriations bill to keep the government funded. In its Joint Explanatory Statement accompanying this legislation, Congress directed the Trump Administration to establish an exclusion request process for tariffs on $200 billion in Chinese imports by March 17, 2019, in line with the process provided for prior rounds of ...
December 4, 2018, Global Policy Watch
On December 1, during a working dinner meeting in Buenos Aires following the G20 Summit, U.S. President Donald J. Trump and Chinese President Xi Jinping agreed to temporarily ease trade tensions as both sides continue negotiating over longer-term solutions to U.S. concerns about bilateral economic relations. According to a White House press release, for a...… ...
December 3, 2018, Covington Alert
On December 1, during a working dinner meeting in Buenos Aires following the G20 Summit, U.S. President Donald J. Trump and Chinese President Xi Jinping agreed to temporarily ease trade tensions as both sides continue negotiating over longer-term solutions to U.S. concerns about bilateral economic relations.
September 19, 2018, Global Policy Watch
On September 17, the Office of the U.S. Trade Representative (USTR) released its final list of approximately $200 billion in Chinese imports subject to an additional ad valorem tariff. The final list, which covers 5,745 product categories, will take effect on September 24, 2018. The tariff rate will initially be set at 10 percent and...… Continue Reading
September 18, 2018, Covington Alert
On September 17, 2018, the Office of the U.S. Trade Representative (USTR) released its final list of approximately $200 billion in Chinese imports subject to an additional ad valorem tariff. The final list, which covers 5,745 product categories, will take effect on September 24, 2018.
June 15, 2018, Covington Alert
As anticipated, the Trump Administration today released its final list of Chinese imports subject to an additional 25 percent ad valorem tariff. The imposition of the tariffs follows the Administration’s determination in March that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. companies, and the submission of public ...
April 4, 2018, Covington Alert
On April 3, the Trump Administration proposed a list of approximately 1,300 products originating from China that would bear an additional 25 percent ad valorem import tariff and requested public comments on the list, following the Administration’s determination last month that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. ...
March 23, 2018, Global Policy Watch
March 22, 2018 Earlier today, the administration announced its findings that China’s theft of U.S. technologies and intellectual property (“IP”) have caused at least $50 billion in harm to the U.S. economy per year. In response, President Trump issued an order announcing its intent to impose additional tariffs on Chinese imports, curtail Chinese investment ...
March 22, 2018, Covington Alert
Earlier today, the administration announced its findings that China’s theft of U.S. technologies and intellectual property (“IP”) have caused at least $50 billion in harm to the U.S. economy per year.
January 26, 2018
WASHINGTON—Covington won a significant trade case today before the U.S. International Trade Commission (ITC) on behalf of its client Bombardier. In a 4-0 ruling, the ITC rejected Boeing Co.’s complaint that it was threatened with material injury by imports of Bombardier’s new C Series aircraft. The decision means that the U.S. Department of Commerce can no ...
June 21, 2017, Global Policy Watch
On May 16, 2017, the Legislative Affairs Commission of the National People’s Congress (NPC) Standing Committee of China released for public comment a draft of the National Intelligence Law (“the Draft Law”). The Draft Law, if enacted as drafted, would be the first Chinese statute to systematically address national intelligence related issues, including ...
June 2017, Journal of Multistate Taxation and Incentives
June 2017, Pratt's Energy Law Report
May 9, 2017, Covington Alert
On April 13, 2017, China’s State Cryptography Administration (“SCA”) published a draft Encryption Law (“the draft Law”) for public comment. After several years of drafting, the draft Law, if enacted as drafted, would be the first Chinese statute to systematically address encryption, covering “the research, production, management, import and export, testing, ...
April 27, 2017, Global Policy Watch
On April 26, 2017, the U.S.-based solar manufacturer Suniva, Inc. filed a petition for global safeguards with the U.S. International Trade Commission (“ITC”). In particular, Suniva requests the imposition of tariffs on solar cells and the establishment of a minimum price for solar modules imported into the United States. The petition was filed under Section...… ...
April 27, 2017, Covington Alert
On April 26, 2017, the U.S.-based solar manufacturer Suniva, Inc. filed a petition for global safeguards with the U.S. International Trade Commission (“ITC”). In particular, Suniva requests the imposition of tariffs on solar cells and the establishment of a minimum price for solar modules imported into the United States. The petition was filed under Section 201 ...
March 23, 2017, Global Policy Watch
Last Wednesday, the “Two Sessions” (see our introductory article here) officially came to a close as the National People’s Congress (“NPC”) wrapped up its final day (the Chinese People’s Political Consultative Conference (“CPPCC”) concluded last Monday). Over the course of the past three weeks, various actors within the Chinese government have used the annual ...
March 6, 2017, Global Policy Watch
China’s next wave of growth and investment will be driven by information technology, high-end equipment manufacturing, and biotechnology. These are among the nine sectors featured in the latest Strategic Emerging Industries (SEI) Key Products and Services Catalogue, released last month by China’s top economic policymaking body—the National Development and ...
Doing Business in China?
Covington helps clients validate or recalibrate their existing strategies for doing business in and with China.
Practices
Education
Harvard Law School, J.D., 2013
- cum laude
Harvard University, A.M., 2007
- Regional Studies - East Asia
University of Oxford, M.St., 2006
- with distinction
- Knox Fellow
Harvard University, A.B., 2005
- summa cum laude
- Phi Beta Kappa