U.S. Trade Representative Katherine Tai said that the U.S.-EU Trade and Technology Council should not be seen as a prelude to reentering talks for a comprehensive trade agreement, and she threw cold water on the idea of a free trade agreement with the United Kingdom as well.
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.
U.S. Trade Representative Katherine Tai said that she expressed strong support for Lithuania "in the face of economic coercion" during a call with European Commission Executive Vice President Valdis Dombrovskis Jan. 7, and that the European Union and U.S. should work together to address coercive economic tactics "through various avenues, including the U.S.-EU Trade and Technology Council" (see 2201060034). The readout of the call also said they discussed steel and aluminum excess capacity. The U.S. replaced its tariffs on EU exporters in those sectors with tariff rate quotas that will last five years; it is Europe's goal to return to trade as it was before the Section 232 action.
U.S. Trade Representative Katherine Tai, in a year-end video, pointed to a number of settlements during 2021 that both bolstered America's relationships with its allies and promoted the fight against climate change. She pointed to the settlement of a Section 337 case between two South Korean battery makers that allowed for a Georgia plant to open (see 2104120004); the settlement of the 17-year dispute over subsidies to Airbus and Boeing (see 2106150021 and 2106170025); and the agreement between the European Union and the U.S. to replace Section 232 tariffs with a quota system (see 2111010039).
The International Trade Commission posted the 2022 Preliminary Edition of the Harmonized Tariff Schedule. The new HTS does not include the five-year World Customs Organization Harmonized System update, which will take effect toward the end of January at the end of a 30-day period following their proclamation Dec. 27 (see 2112270032). It does, however, implement annual changes to 10-digit "statistical" provisions of the tariff schedule, as well as the removal of Ethiopia, Mali and Guinea from the African Growth and Opportunity Act preferences program and a new tariff-rate quota system for iron and steel and aluminum from the EU. These changes took effect Jan. 1.
CBP created Harmonized System Update (HSU) 2119 Dec. 28, containing 284 ABI records and 71 Harmonized Tariff Schedule records, it said in a CSMS message. The update implements a tariff-rate quota for steel and aluminum products from the European Union as part of an agreement to remove Section 232 tariffs on goods from the EU (see 2112280036 and 2112290029). CBP said it also created HSU 2118 Dec. 27, with 140 ABI records and 70 HTS records. The update "was created to rectify Harmonized System Update (HSU) 2116 and 2117," CBP said in a CSMS message Dec. 28 (see 2112280039).
New tariff-rate quotas on EU aluminum and steel agreed to in lieu of Section 232 tariffs will open Jan. 3 at 12:01 a.m., CBP said in a pair of quota bulletins Dec. 29. Entries submitted prior to 8:30 a.m. EST on that date will be counted “in the first opening” at 8:30, with entries being prorated if totals for any tariff number grouping exceed the limit. Entries submitted prior to 12:01 a.m. Jan. 3 won't be counted toward the opening.
The presidential proclamation on what types of steel and aluminum products, at what quantities, will be spared Section 232 tariffs says that the melted-and-poured requirement for goods under the quotas will limit transshipment and discourage excess steel capacity.
Fourteen pro-trade House Democrats are asking Commerce Secretary Gina Raimondo and U.S. Trade Representative Katherine Tai to quickly advance discussions on how tariffs on Japanese and British steel and aluminum could be lifted. "[D]ownstream users continue to face astonishingly high prices in steel and aluminum," wrote the group, which is led by Rep. Suzan DelBene of Washington state.
A recent Government Accountability Office report on Section 232 tariff exclusions on steel and aluminum noted that the Commerce Department has tweaked a number of procedures in its exclusion application and decision-making process, but has not updated the guidance on its website to let the public know. It recommended that the department do so.
Commerce Secretary Gina Raimondo and the United Kingdom's Trade Secretary Anne-Marie Trevelyan said they want to consult on steel and aluminum early next year, "with a view to combating global excess capacity and addressing outstanding concerns on US tariffs and UK rebalancing measures," according to a U.K. readout of the visit Dec. 8. It said that Trevelyan invited Raimondo to London for those further talks in January.