Sen. Elizabeth Warren, a Massachusetts Democrat who's also running for president, has asked an ethics official in the Commerce Department to examine whether the head of the International Trade Administration and the acting undersecretary for Industry and Security have ethical conflicts in the steel and aluminum Section 232 exclusion process. Both ITA and the Bureau of Industry and Security are responsible for evaluating the exclusion requests, and BIS officials ultimately grant or reject the requests.
Section 232 Tariffs
The United States currently maintains a 25% tariff on steel imports and 10% on tariff on aluminum imports under Section 232 of the Trade Expansion Act of 1962. In 2018, the Trump administration imposed Section 232 Tariffs on steel and aluminum imports into the United States, citing national security concerns. The U.S. agreed to lift tariffs on Canada and Mexico after the signing of the United States-Mexico-Canada Agreement (USMCA), and reached deals with the European Union, Japan and other countries to replace the tariffs with quotas for steel and aluminum imports into the U.S.
2019 is shaping up to be another active year in terms of changes to the Harmonized Tariff Schedule. Like last year, a series of revisions were necessary in the first half of the year to implement Section 301 exemptions and an increase for $200 billion worth of the China tariffs from 10 percent to 25 percent. Other major changes are related to the Generalized System of Preferences, and in particular the removal of India and Turkey from the program. In all, seven revisions were issued prior to the mid-year Revision 8, as follows:
ITC Issues Semiannual Revision to 2019 HTS; Changes Take Effect July 1
The International Trade Commission on July 1 posted Revision 8 to the 2019 Harmonized Tariff Schedule. The semiannual update to the HTS implements the fourth and final round of tariff cuts under the expanded World Trade Organization Information Technology Agreement. It also extensively reorganizes 10-digit tariff subheadings covering aluminum products, and adds tariff provisions for aerial work platform trucks, frozen berry mixes, diamond grinding wheels, storage lockers and certain electric motorcycles.
CBP's Office of Regulations and Rulings is facing a massive increase in ruling requests involving products from China, in addition to its need to weigh in on exclusion requests, CBP Assistant Commissioner Brenda Smith said June 28 at the American Association of Exporters and Importers Annual Conference in Washington. The trade remedy exclusion requests are reviewed by OR&R "because of the tariff classification inherent in the application and then in the final determination," she said. Exclusion requests for the Section 232 tariffs on steel and aluminum are now at about 80,000, well above the 10,000 that were expected when first announced, she said. That's not counting the exclusion request processes now available for the first three tranches of Section 301 tariffs on goods from China, she said.
CBP has assessed about $27.8 billion in duties under the major trade remedies started during the Trump administration as of June 19, according to CBP's trade statistics page. That includes $19.3 billion in duties from the Section 301 tariffs on goods from China. The first tranche of Section 301 tariffs took effect on July 6, 2018 (see 1807050033); the second took effect on Aug. 23, 2018 (see 1808070046); and the third, on Sept. 24, 2018 (see 1809240015). CBP also has assessed about $5.8 billion under the Section 232 tariffs on steel and $1.8 billion under tariffs on aluminum. The Section 201 trade remedies on washing machines and solar cells (see 1801230052), imposed Jan. 23, 2018, account for $857.7 million in assessed tariffs.
During almost a year of 25 percent tariffs on Canadian steel, U.S. purchases of Canadian steel declined by nearly 20 percent, according to Cicero Machado, a steel analyst with Wood Mackenzie. In the early weeks after the tariffs were lifted, there was not a jump in Canadian steel imports, according to Amy Magnus, whose customs brokerage in Vermont works with many importers bringing steel from Canada. Orders cannot be shipped quickly, she said.
The International Trade Commission recently issued Revision 6 to the Harmonized Tariff Schedule. Changes include the removal of Turkey from the Generalized System of Preferences program (see 1905170004), including its elimination from the list of GSP countries in General Note 4 and the removal of Turkish goods from the list of country-product pairs ineligible for GSP. The new version also removes Turkey from the lists in U.S. Notes 17 and 18 to Chapter 99 of developing countries exempt from safeguard duties on washing machines and solar cells. These changes took effect May 17. Effective May 20, the tariff schedule is amended to remove additional Section 232 tariffs on steel products from Turkey provided for in U.S. Note 16 to Chapter 99 and in subheading 9903.80.02, so that Turkey is now subject to the 25% tariff applicable to most other countries. Finally, Revision 6 includes changes to reflect the recently announced exemption of Mexico and Canada from Section 232 tariffs on steel and aluminum (see 1905170044), with modifications to U.S. Note 16 to Chapter 99 and subheadings 9903.80.01 and 9903.85.01 that took effect May 20.
CBP provided guidance on filing foreign-trade zone entries for goods formerly covered by Section 232 tariffs applied to Mexico and Canada, in a CSMS message dated May 30. Under proclamations issued May 19, goods from Canada and Mexico admitted under privileged foreign status into FTZs that were subject to Section 232 tariffs on aluminum and steel products at the time of admission will not be subject to the duties if entered after the tariffs were lifted, i.e., 12:01 a.m. eastern daylight time on May 20.
A third of Ohio farmers' production is exported, and 25 percent of Ohio's manufacturing jobs are supported by exports, said Sen. Rob Portman, R-Ohio, who was U.S. Trade Representative during the George W. Bush administration. Portman, who gave a speech on the Senate floor the evening of May 22, praised the Trump administration for lifting Section 232 steel and aluminum tariffs on Canada and Mexico so that the NAFTA rewrite can be passed in Congress and in Mexico and Canada.