Defense officials in the Trump administration are treading cautiously in determining whether to take any tariff or quota action against other countries, Under Secretary of Defense for Acquisition, Technology, and Logistics Ellen Lord said Oct. 4 during the Bureau of Industry and Security annual export control policy conference. The administration launched Section 232 investigations in April into whether steel and aluminum imports are a threat to national security, and affirmative findings could result in tariffs or quotas on those products. The investigations, led by the Commerce Department, remain under interagency review after Commerce indefinitely postponed its self-imposed deadline of June 30 for concluding the steel investigation (see 1705240034).
The Cold Finished Steel Bar Institute (CFSBI) on Sept. 13 added its name to the litany of individuals and organizations urging retaliation against dumped steel pursuant to the Trump administration’s ongoing Section 232 “national security” investigation into steel imports. In a letter to President Donald Trump, the organization encouraged “early action” to protect the U.S. steel industry’s ability to supply materials critical to U.S. national defense and infrastructure requirements. “Essentially any product that contains a motor or moving part contains one or more components made from cold finished steel bar,” wrote the organization’s chairman, William Geary. The group’s member companies produce materials vital to a “wide range” of defense applications, including attack helicopters, armored vehicles, guns, smart bombs, aircraft and ammunition, as well as materials for critical infrastructure applications including automobiles, bridge parts, oil and gas equipment, and wind turbines, CFSBI said.
Ohio Sens. Sherrod Brown (D) and Rob Portman (R) became the latest voices to push the Trump administration to complete its Section 232 investigation on steel imports as quickly as possible, urging Commerce Secretary Wilbur Ross in a Sept. 15 letter to “prevent further damage to the U.S. steel sector.” Ross originally said his department planned to finish the probe by June 30. By law, Section 232 investigations must conclude within 270 days, meaning the current one must be complete by Jan. 14, 2018. The Commerce Department began the investigation in April (see 1704200029). Steel imports rose 25 percent year-over-year during the first six months of 2017, as foreign producers are seeking to export steel to the U.S. before the Trump administration can impose any remedy, the senators said. Legally, remedies could include tariffs or quotas.
The American Line Pipe Producers Association (ALPPA) asked the Trump administration to act quickly in slapping tariffs on imports pursuant to its ongoing Section 232 investigation on steel. In a Sept. 7 letter to President Donald Trump, ALPPA said global steel overcapacity, largely created by China, has spurred a surge of U.S. steel imports in recent years, despite G-20 and Organization for Economic Cooperation and Development discussions. “There is an urgent need for immediate Section 232 relief for the domestic large diameter line pipe industry,” the letter says. “Chinese producers are increasingly shipping greater volumes of dumped and subsidized steel to other countries for production of large diameter line pipe that can then be shipped to the U.S. market at lesser duty rates or, in many cases, duty free.”
Thirty-one steel executives from 25 U.S. steel and steel-related companies urged President Donald Trump to take immediate and decisive action under Section 232 of the Trade Expansion Act of 1962 to curb “surging” steel imports. In a letter dated Aug. 23, executives said efforts to combat overcapacity through mechanisms like the G-20 and the Organization for Economic Cooperation and Development haven’t worked. “Under your bold leadership, Mr. President, with your vision for ‘America First,’ this can and must change,” they wrote. “In June, steel imports hit their highest monthly total in more than two years by capturing 30% of the U.S. market. Immediate action must meaningfully adjust imports to restore healthy levels of capacity utilization and profitability to the domestic industry over a sustained period.”
President Donald Trump on Aug. 14 issued a memorandum directing U.S. Trade Representative Robert Lighthizer to determine whether to investigate Chinese “laws, policies, practices, or actions” that might be harming U.S. intellectual property rights, innovation or technological development. The memo pointed to language in the Trade Act of 1974 that requires the Office of the U.S. Trade Representative to undertake several requirements in self-initiating an investigation under Section 301 of that law. Section 301 gives the president broad authority, including import duties, to retaliate against restrictions found to “burden or restrict” U.S. commerce.
A mix of “creative cases” is needed to remedy trade violations created by Chinese industrial overcapacity, including Section 301 investigations and self-initiating antidumping and countervailing duty cases, Gilbert Kaplan, President Donald Trump’s nominee to be under secretary of Commerce for international trade, told the Senate Finance Committee Aug. 3. “I think it’s time maybe to dust off … Section 301,” he said. Section 301 of the Trade Act of 1974 allows the president to take all "appropriate and feasible steps" to eliminate “unreasonable restrictions” of countries found to “burden or restrict” U.S. commerce. The statute authorizes the executive branch to retaliate against these restrictions as well as anti-competitive subsidies through duties, other import restrictions and withholding trade agreement benefits.
Twenty-three House lawmakers signed a letter this week to President Donald Trump urging him to exempt tinplate steel and aluminum for food packaging in any import restrictions initiated to the administration’s ongoing Section 232 national security reviews of steel and aluminum imports, the office of Rep. Don Bacon, R-Neb., announced. “The domestic canned food supply chain and flexible packaging industry generates more than $100 billion in total economic activity in the U.S. and employs tens of thousands of American workers,” Bacon said in a statement. “This industry provides some of the safest, most affordable food available to consumers today. We will continue to keep pressing for what we believe is right for America and our constituents.” Tinplate steel composes about 60 percent of the cost of a can, meaning a tariff even as low as 5 percent would raise the cost of goods by 4.2 cents each, “inevitably” passing along higher expenses to consumers, the announcement says.
United Steelworkers (USW) in a statement urged the Trump administration to hurry up in taking Section 232 action against steel imports, after “news reports” indicated that the executive branch is delaying the conclusion of its ongoing investigation. "Delay is devastating,” USW International President Leo Gerard said in a statement. “Since the President announced an investigation in April, attacks on the U.S. steel sector have skyrocketed, with imports up 18%. Trading partners have targeted the U.S. market for fear that the United States will finally stand up for its producers and workers and protect our national security.” Gerard said enough “time, attention, and investigation” have passed for the administration to “know what needs to be done.” Started in April, the Commerce Department-led investigation could result in tariffs and/or quotas if it finds steel imports threaten national security.
The July 19 U.S.-China Comprehensive Economic Dialogue ended with no bilateral joint statement and canceled press conferences by both countries, a Commerce Department spokesman confirmed. Such bilateral dialogues usually produce a joint statement of commitments by both countries. The last iteration of U.S.-China economic dialogues, dubbed the U.S.-China Strategic & Economic Dialogue, under the Obama administration in 2016 ended in a joint fact sheet stating China’s agreement not to initiate new efforts to boost steel capacity (see 1606080041).