The American Institute for International Steel will announce on June 27 "the launch of a legal challenge that seeks to remedy a situation that is bad for the American economy and American workers alike," the group said in a June 26 news release. AIIS said "President Trump’s Section 232 tariffs on imported steel and aluminum have already created significant collateral damage for U.S. industries." The group called the coming legal action a "critically important, first-of-its-kind initiative."
International Trade Today is providing readers with some of the top stories for June 18-22 in case they were missed.
Lawmakers should vote for legislation to limit the president's ability to impose Section 232 tariffs, more than 60 national business groups and more than 200 local chambers of commerce and similar organizations pleaded with the Senate in a letter sent June 26. Sen. Bob Corker, R-Tenn., led a charge to give Congress a way to roll back the Section 232 tariffs on steel and aluminum and to block similar tariffs on imported cars, trucks and auto parts, but it stalled because Senate leaders said such a measure has to originate in the House of Representatives, as it affects revenue.
The Coalition of American Metal Manufacturers and Users updated its "comprehensive list of retaliatory tariffs" that now applies as of June 18. The list covers retaliatory tariffs, either currently in effect or proposed, from Canada, China, the European Union, India and Mexico. "Other countries including Japan, Russia and Turkey have warned of potential retaliation but have not announced formal tariffs," the group said. Turkey released a list of potential tariffs in May. Russia is reportedly close to issuing a list of retaliatory tariffs. The tariffs are in response to Section 232 tariffs on U.S. imports of steel and aluminum.
Two Republican senators who are retiring this year believe some of their colleagues will take a stand against the protectionist approach of the Trump administration. "Republicans need to stand up to tariffs," Sen. Jeff Flake, R-Ariz., said during a June 24 interview. "We're in the nascent stages of a full-scale trade war, and the president simply seems to want to escalate." He said until a bill (see 1806220014) that would require a vote on Section 232 tariffs moves, "I think myself and a number of senators, at least a few of us, will say, 'Let's not move any more judges.'"
The one-year clock for product exclusions to the Section 232 tariffs starts the day the decision memo was signed, not the date a request was posted for comment, a Commerce Department spokesperson said June 25. So, for example, a request that was posted for comments on April 20 that the Bureau of Industry and Security approved on June 19 will apply until June 19, 2019. That one year starts on the date the deputy assistant secretary of export administration signed the memo, which was June 19, not on the original date of posting the request and not on the date the decision became public.
The Senate Appropriations Bill for the Department of Homeland Security for fiscal year 2019 would spend $14.26 billion on CBP, almost $239 million more than the current spending. The committee report said that it's sending $49 million for 375 additional CBP officers, "in recognition of wait times at certain ports of entry as well as the volume of illicit drugs passing through POEs." With regard to drugs smuggled through ports of entry, the report says the Senate intends to provide $30 million in support of enforcement at international mail facilities and express consignment carrier locations "by enhancing scientific and laboratory staffing, increasing law enforcement staffing and canines, improving facilities, deploying technology to locate targeted packages, enhancing detection and testing equipment, and improving interoperability with FDA detection equipment." The bill provides $174 million for non-intrusive inspection equipment, of which the $30 million for opioids is a subset.
An attempt to rein in the president on Section 232 tariffs has been reintroduced as a free-standing bill. Sen. Michael Bennet, D-Colo., introduced a bill June 21 that would end the steel and aluminum tariffs on the European Union, Canada and Mexico. It would also require that the administration consult with Congress before imposing any tariffs on the grounds of national security. Another bill introduced earlier this month by Sen. Bob Corker, R-Tenn., sought to require a vote from Congress before Section 232 tariff action could be taken. Corker's bill has stalled because revenue bills must start in the House of Representatives (see 1806130012).
CBP has “adjudicated” a ruling that will allow manufacturers in foreign-trade zones to avoid Section 232 tariffs on aluminum and steel, as well as planned Section 301 tariffs on products from China, a CBP official said on the agency’s biweekly ACE conference call held June 21. FTZ manufacturing operations have up to now been required by Census Bureau and Commerce Department guidance to enter goods manufactured in FTZs as originating in the country that provided the goods’ highest value in inputs, even if those inputs are worth relatively little and for CBP purposes the country of origin should be the United States. While it hasn’t been an issue before, now that Section 232 duties are in place and Section 301 tariffs are coming it can result in those manufacturers being required to declare a good as subject to the extra tariffs even when the good is of U.S. origin. A ruling is coming that says to use “U.S.” as country of origin for such merchandise on entry documentation, the CBP official said. A search on CBP’s CROSS database indicates the ruling has not been published as of press time.
On the same day that European tariffs went into effect in retaliation for U.S. steel and aluminum tariffs, President Donald Trump tweeted that if the European Union doesn't drop those tariffs and other trade barriers soon, "we will be placing a 20% Tariff on all of their cars coming into the U.S. Build them here!" The Commerce Department is conducting an investigation into whether auto and auto parts exports are a threat to national security. While speaking to reporters at a convention on June 21, Commerce Secretary Wilbur Ross said the investigation should be complete in late July or in August.