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Kate McNulty

Kate McNulty advises U.S. and international clients on a range of complex international trade issues, dynamic U.S. and global tariff matters, and related trade compliance questions, including tariff stacking. She provides legal, policy, and strategic advice to companies, trade associations, and governments on international economic policy matters, and assists clients in navigating geopolitical risk. She advises clients on the negotiation and enforcement of international trade agreements, including enforcement proceedings arising under the facility-specific rapid response labor mechanism of the USMCA.

Kate regularly represents clients before U.S. agencies such as the Office of the U.S. Trade Representative (USTR) and the U.S. Department of Commerce, including in proceedings arising under Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962. She also litigates before the U.S. Court of International Trade and represents clients in antidumping and countervailing duty (AD/CVD) proceedings.

Prior to joining Covington, Kate held various positions in the U.S. government. Most recently, Kate served in the Office of Multilateral Trade Affairs at the U.S. Department of State from 2009 to 2018, where she managed trade enforcement matters for the Department—including U.S. government actions under Section 301 and Section 232—and also participated in the negotiation of international trade agreements on behalf of the U.S. government.

Section 232 of the Trade Expansion Act of 1962 (“Section 232”) authorizes the President to “adjust” imports—including through application of tariffs, quotas, tariff rate quotas, and license fees—where the Department of Commerce (“Commerce”) determines imports threaten to impair U.S. national security. Since February 2025, President Trump has invoked Section 232

Continue Reading Current and Forthcoming Section 232 Actions by the Trump Administration

On February 20, the U.S. Supreme Court released its decision in Learning Resources, Inc. v. Trump, the case challenging the legality of the Trump Administration’s tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”). By a 6-3 majority, the Court held that IEEPA does not authorize the President

Continue Reading IEEPA Tariffs Terminated, Replacement Section 122 Tariffs Take Effect

Introduction

Critical minerals have received a surge of attention recently, much of it tied to China’s dominance of extraction and processing and recent application of export controls on minerals with defense applications.  Policy discussions tend to focus on “critical minerals” collectively, but it is important to distinguish those needed for agriculture and transportation from those needed for national security.  Every mineral deemed essential for U.S. national security, economic security, and supply chain resilience and included on the official list of critical minerals maintained by U.S. Geological Survey list is important for its own reasons, but there are a few elements whose looming shortage now borders on an emergency, requiring extra focus from policymakers.  Certain “heavy” rare earth elements are among them.

Continue Reading Heavy Rare Earth Elements: Rising Supply Chain Risks and Emerging Policy Responses

On September 24, 2025, Covington’s tech industry experts explored what legal teams, government affairs professionals, and business leaders at tech companies need to know during this pivotal period and offered insights into anticipated challenges and emerging opportunities in the year ahead. Eight Covington attorneys shared their insights during a 60-minute session moderated by Covington partner Holly Fechner. Key takeaways from the Forum are outlined below.

Continue Reading Covington Tech Briefing Spotlight: Impact of Latest Policy Developments on the Tech Industry

On November 5, 2025, the U.S. Supreme Court is set to hear the Trump Administration’s appeal of lower court decisions holding the imposition of certain tariffs under the International Emergency Economic Powers Act (“IEEPA”) unlawful. If the Supreme Court rules that IEEPA does not authorize tariffs, the government would no

Continue Reading Don’t Count on Immediate IEEPA Refunds: What President Trump Might Do If SCOTUS Throws Out IEEPA Tariffs

Ahead of the July 2026 “joint review” of the U.S.-Mexico-Canada Agreement (“USMCA”), the United States, Mexico, and Canada have each launched public consultation processes to solicit input from stakeholders on the operation of the USMCA, and possible changes those governments should seek to the Agreement as part of the review.

Continue Reading The United States, Mexico, and Canada Launch Domestic Consultation Processes on Upcoming USMCA Review

The United States and Colombia have historically maintained a strong bilateral partnership that has been the envy of much of Latin America. However, the bilateral relationship today is facing a test as U.S. and Colombian approaches to shared problems increasingly diverge. The next several months present milestones that will have

Continue Reading U.S.-Colombia Relations Facing Key Decision Points with Implications for Businesses

As described in our prior client alert, President Trump threatened in July to impose tariffs of 50% on imports of products from Brazil in response to U.S. concerns regarding Brazil’s criminal prosecution of former President Jair Bolsonaro, recent judicial developments impacting social media regulation in Brazil, Brazil’s allegedly

Continue Reading U.S. Tariffs and Sanctions Against Brazil and the Brazilian Response

On August 6, President Trump issued an Executive Order (“EO”) (“Addressing Threats to the United States by the Government of the Russian Federation”) invoking his authority under the International Emergency Economic Powers Act (“IEEPA”) to impose a tariff of 25% on most products imported from India, effective August 27, in

Continue Reading Trump Administration Imposes Secondary Tariffs on India

On July 27, the United States and the European Union announced a trade framework agreement, following a meeting between President Donald Trump and European Commission President Ursula von der Leyen. The deal avoided imposition of a 30% reciprocal U.S. tariff on EU goods that was set to take effect August

Continue Reading U.S.-EU Trade Framework: Outcome and Next Steps