For all the talk of a climate club, where trade among countries inside the club is privileged, panelists at the Niskanen Center said the failure of the U.S. and the EU to reach an agreement on green steel in two years of talking shows how far off that possibility is.
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.
The Commerce Department failed to address contradicting that the U.S. industry couldn't timely provide tin mill products when it denied Seneca Foods' requests for exclusions from Section 232 steel and aluminum duties, the Court of International Trade ruled in an Oct. 18 opinion.
The U.S. Chamber of Commerce and BusinessEurope issued a joint statement ahead of European Commission President Ursula von der Leyen's visit with President Joe Biden, asking them to "definitively reject protectionism," which the groups said is on the rise, due to "misinformed narratives about industrial decline." She will be in Washington Oct. 20.
Lydia Childre, former international trade and logistics senior associate at Venable, has joined boutique trade law firm Lighthill, the firm announced on LinkedIn. Childre worked at Venable for nearly two years after serving as a senior project adviser on Section 232 steel and aluminum tariffs at the Commerce Department's International Trade Administration. Her practice at Lighthill will center on "national security and trade policy," the firm said. Lighthill was founded earlier this year by former Crowell & Moring attorney John Anwesen (see 2307050026).
An academic and a think tank scholar agreed that, despite the upcoming visit between the EU president and the U.S. president, they don't expect the global arrangement on steel and aluminum negotiations to conclude by their Oct. 31 deadline.
Last month, a bipartisan proposal in the House of Representatives called for Section 232 tariffs on steel and aluminum to be dropped unless Congress approved them within 75 days of the bill's enactment, and also restricted presidents' ability to hike tariffs under the guise of national security going forward.
Liquidation may not be final in cases where CBP is "acting at the behest of another agency," law firm Neville Peterson said in a Sept. 13 blog post commenting on the Court of International Trade's ruling in AM/NS Calvert v. U.S. In that decision, the trade court entries subject to Section 232 steel and aluminum duties may not be final, given that the case contests the applications of product-specific exclusions granted by the Commerce Department and not by CBP (see 2309070037).
Researchers at the Center for Strategic and International Studies expect the U.S. will get "a taste of its own medicine” when China appeals its loss over Section 232 retaliatory tariffs at the World Trade Organization, adding that China likely won't have to drop the tariffs since there is no appellate body to take that appeal.
The Bureau of Industry and Security is proposing changes to the exclusion process for Section 232 steel and aluminum tariffs to improve the accuracy of exclusion requests and objections, and generally improve the efficiency of the process, the agency said.
Former President Donald Trump is considering making hiking tariffs on all imports a plank of his reelection campaign, as he discussed recently on Fox Business. According to a Washington Post story, although Trump said on TV that he liked the idea of a 10% duty on all imports, he has not settled on a number yet. Trump's former U.S. Trade Representative Robert Lighthizer said in January 2021 that all countries should have a 10% to 12% tariff on all imports, with higher tariffs for particularly important products (see 2101260048).