Section 232 Tariffs

The Court of International Trade granted the Department of Justice's motion to stay a case challenging the expansion of Section 232 duties on steel and aluminum “derivatives,” in an Oct. 14 order, due in part to the defendant's likelihood of succeeding on appeal. Finding that a recent U.S. Court of Appeals for the Federal Circuit opinion indicates DOJ's chances of success at the appellate court, CIT also stayed any resulting liquidation but noted that the fact pattern in the present case reads differently from that of the recent Federal Circuit case.

U.S. Trade Representative Katherine Tai said she talked about "ongoing efforts to address global overcapacity in the steel and aluminum sectors and shared challenges posed by non-market economies" when she met with her European Union counterpart on the sidelines of the G-20 meeting in Sorrento, Italy. The EU did not issue its own readout of the meeting, but Valdis Dombrovskis tweeted, "Met [the] USTR, Ambassador Tai, to continue our discussions on finding a settlement on the Trump steel & aluminium tariffs #232. The work continues." He has previously said that an agreement on Section 232 tariffs on steel and aluminum has to be reached by early November in order to prevent retaliatory tariffs from doubling on Dec. 1. Those retaliatory tariffs have hurt the export of American spirits.

CBP has assessed about $123.5 billion in duties under the major trade remedies started during the Trump administration, as of Oct. 7, according to CBP's trade statistics page. That includes $108 billion in duties from the Section 301 tariffs on goods from China, and $1.1 billion in Section 301 tariffs on goods from the European Union. CBP also has assessed about $8.8 billion under the Section 232 tariffs on steel and $2.7 billion under tariffs on aluminum. The Section 201 trade remedies on washing machines and washing machine parts account for about $277 million and the solar cells tariffs account for $2.7 billion in assessed tariffs.

Rep. Kevin Brady of Texas, the top Republican on the House Ways and Means Committee, said that while what he called the "food fight between Democrats" is preventing legislation from moving this year, "this next year would be an opportune time to have a conversation about [Section 232 reform] in a bipartisan way." Brady, who was responding to a question during a call with reporters Oct. 6, said he'd like to be a part of that conversation about the use of national security tariffs and Congress's role in setting tariffs.

Sen. Pat Toomey, R-Pa., one of the original advocates for narrowing the authority of the executive branch to impose national security tariffs or quotas, has once again introduced a bipartisan bill to reform the legislation that delegated that authority. Toomey, joined by Sen. Mark Warner, D-Va., six other Democrats and 10 other Republicans, said the prior administrations abused Section 232 tariffs "to protect favored industries, which has resulted in economic disruption, damage to U.S. relationships with our allies, and harmful retaliatory tariffs on American farmers and manufacturers."

The rollout of the new China trade policy looks a lot like the old China policy, with a new chance at Section 301 exclusions and all the tariffs remaining for now. U.S. Trade Representative Katherine Tai suggested during the speech on the results of the China policy review that she doesn't have much hope for getting more structural reform that the phase one China agreement did not secure.

The Coalition for a Prosperous America wrote to Commerce Secretary Gina Raimondo, suggesting that tariff rate quotas on European aluminum should be what replaces the 10% tariff on aluminum from the European Union. "We cannot return to the unhealthy belief that ad hoc anti-dumping or countervailing duties are sufficient for these vital sectors. Managing import penetration in aluminum, in particular, remains vital," the group wrote.

When the leaders of the Congressional Steel Caucus, members of Congress who advocate for steelmakers, start talking about how to wind down Section 232 tariffs on European steel, you know that the 25% tariff on steel from the European Union is unlikely to continue.

Rep. Kevin Brady of Texas, the top Republican on the House Ways and Means Committee, said he's had no consultation with staff or principals from the Commerce Committee or the Office of the U.S. Trade Representative on how they would like to change their approach on tariffs on European steel and aluminum. The European Union and the U.S. have been negotiating over lifting 25% tariffs on steel and 10% tariffs on aluminum imposed during the Trump presidency, ostensibly to protect national security. If the U.S. and the EU do not reach an agreement, retaliatory tariffs on spirits exports are scheduled to double, to 50%. "We’d love to have this conversation with the administration on how you’d tackle 232s and 301s," he said, particularly in a time when supply chains are strained and inflation is up. But Brady declined to say during a call with reporters on Sept. 29 whether his concerns about the drag on the economy from supply chain challenges and inflation mean that he would argue to lift the tariffs on the EU.

European Union Trade Commissioner Valdis Dombrovskis told reporters that because of the work that needs to happen within the EU to get it done before retaliatory tariffs are scheduled to double, the U.S. and the EU need to reach an agreement by the beginning of November. Tariffs on the retaliation list are supposed to double on Dec. 1. Dombrovskis said this on Bloomberg TV; he also suggested to reporters that the import and export monitoring that was part of the removal of steel and aluminum tariffs on Canada and Mexico is something that the EU is open to.