Mark R. Ludwikowski

Mark Ludwikowski is the leader of Clark Hill's International Trade Practice and Member in the Washington, D.C. office. His extensive capabilities focuses on all areas of U.S. trade regulatory compliance and policy, including trade remedies, international trade litigation, customs, export controls, and sanctions law. He also counsels clients on issues arising from international trade agreements, including North American Free Trade Agreement (NAFTA) and World Trade Organization (WTO).

Mark draws on over 20 years of international trade experience, including U.S. government service, in-house counsel, and private practice. He regularly represents clients in connection with trade remedy proceedings, customs law and hazardous materials compliance. In these matters he appears  before the Department of Commerce (DOC), International Trade Commission (ITC), Customs and Border Protection (CBP), and the Department of Transportation, as well as litigation at the Court of International Trade and Court of Appeals for the Federal Circuit. He has been engaged by clients across the globe, including governments and business stakeholders in matters concerning cross border movement of goods and services in sectors such as steel, aluminum, lumber, tires, agricultural products, automotive parts, electronics, and consumer goods.

Mark serves on the Board of Directors of the Customs and International Trade Bar Association and is fluent in Polish.

Representative Experience

• Saving a U.S. importer more than $100 million in antidumping (AD) duties resulting from a CBP audit of imports of Wooden Bedroom Furniture from China.
• Termination of the AD and countervailing duty (CVD) investigation on Steel Wheels from China at the ITC on behalf of importer clients.
• Securing a 0% AD rate for exporter client in the first DOC annual review of Multilayered Wood Flooring from China.
• Termination of the AD/CVD investigation of 53-Foot Domestic Dry Containers from China at the ITC on behalf of importer clients.
• Saving an importer more than $1 million per month in AD duties through exclusion of its product from the scope of the Hand Trucks from China case.
• In Off-the-Road Tires from Sri Lanka, the first CVD investigation against that country in more than 30 years, securing a nominal CVD margin of 2.18% (only .18% over de minimis) for the Government.
• Securing a 0% AD rate for exporter client in the DOC annual review of Honey from Argentina.
• Through successful court challenge, securing a 0% AD rate for Korean clients in Polyester Staple Fiber investigation.
• Exclusion of the Latvian steel industry from the Section 201 Global Safeguards Investigation on Steel.

Speaking Engagements

• Luncheon Presentation: “Review of Recent Tariff Proceedings”, Retail Industry/In-House Networking Group, Houston, TX, September 26, 2018.
• Presentation on "U.S Trade Policy" to Emerging FDI Company Network, American Chamber of Commerce, Dublin, Ireland, September 18, 2018.
• Presentation on "U.S. Trade Policy" to Emerging Leaders Networks, American Chamber of commerce, Dublin, Ireland, September 18, 2018.
• Radio Interview, "A View from U.S. Community on Trump Trade Policies", Newstalk Breakfast Business, Dublin, Ireland, September 17, 2018. 
• "NAFTA Now: What Works - What Doesn't and What Could Be Better"; Globalaw America's Regional Meeting, Chicago, IL, July 9, 2018. 
• “NAFTA: Is There Life In It Yet or Will It Be ‘Ripped Up?”; Michigan Manufacturers Association, MFG Law Summit, Dearborn, MI, February 22, 2018.
• “Trade Under Trump: Big Changes May Be Ahead for Trade Remedies and Antidumping Rules”; Webinar, May 30, 2017.

Publications

• Irish Independent, “How Irish Exporters Can Limit Damage from Tariffs”, September 23, 2018
• Law360, "Reading The China Tariff Tea Leaves," July, 2018. 
• Quick Caller, "China Strikes Back On U.S. Tariffs," April, 2018.
• Quick Caller, "Steel and Aluminum Tariffs- Section 232 Exclusion Primer," March, 2018
• Quick Caller, "Blast From the Past: Steel and Aluminum Imports Face Tariffs and Quotas Under a Revived Trade Remedy," March, 2018
• The United States Court of International Trade, 19th Judicial Conference Speaker, “Ethics and Legal Practice: Challenges For Trade Lawyers,” November 2016
• Georgetown University International Trade Update Speaker, “Who is the “Exporter”-? – How to Ensure the Proper Rate for Your Client,” February 2016
• E-Finance & Payments Law & Policy, “Services Trade: The US and the International Services Agreement Plurilateral,” February 2013
• E-Finance & Payments Law & Policy, “United States Claims Victory In First Round Of WTO Dispute With China Over Electronic Payment Services,” August 2012
• E-Finance & Payments Law & Policy, “Ongoing Battle Over Access To Chinese E-Payments Market,” August 2011
• E-Commerce Law Report, Costco Wholesale Corp. v Omega S.A., NO. 08-1423 US Supreme Court, November 2010 – Control of Importation Through Copyright Law, November 2010
• E-Finance & Payments Law & Policy, “The Chinese e-payment market: a WTO challenge?” May 2010
• Law360, “What's In Store For Ethanol Trade?” September 2009
• Scrap, “Does Buying American Violate U.S. Trade Agreements?” May 2009