By the time NAFTA's replacement agreement is signed Nov. 30, Mexican Ambassador Geronimo Gutierrez said, his "expectation is that we will have ... a solution to the tariffs on steel and aluminum, or at least a very clear track that gives certainty to all parties involved that a solution is coming," he said at a Nov. 20 Brookings Institution event on U.S.-Mexico relations. "We are working heavily on that in the next nine days."
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.
Congress has been fairly passive on tariffs so far, Sen. Doug Jones acknowledged at a field hearing in his home state of Alabama, but, the Democrat said, "hopefully, as we go into a new Congress we will see some more activity." Jones, who heard from farmers, steel consumers, the Port of Mobile, auto manufacturers and steel mills during his hearing Nov. 19, said he believes that several administrations "have been fast and loose with this national security measure," referring to Section 232. The measure was used as the basis to hike tariffs on steel and aluminum, and could be used for similar actions on imported uranium, auto parts and autos. Jones noted the bill led by Sen. Rob Portman, R-Ohio -- Jones is a co-sponsor (see 1808010048) -- that would give Congress the opportunity to veto future Section 232 tariffs.
Tariffs on steel and aluminum from Canada and the U.S. are "entirely inconsistent with the overall goals" of the U.S.-Mexico-Canada Agreement, a group of more than 35 trade groups told the U.S. trade representative in a letter sent Nov 19., and should be lifted so that the new NAFTA deal can be ratified. The letter, led by the National Foreign Trade Council, said that Congress may have a more difficult time ratifying the trade deal, given how many members have complained that tariffs are not needed on our neighbors. And, while the letter does not request a global lifting of the steel and aluminum tariffs, it says that the quotas and tariffs "have caused significant harm" to American manufacturers, and that the increased costs endanger jobs across many sectors, far more than those in the mills and smelters protected by the tariffs.
The U.S. International Trade Commission, hosting lobbyists on the new NAFTA for a second day Nov. 16, tried to sort out whose perspective was most germane on the trade pact's impact, as producers and customers, manufacturers and importers and even producers and producers disagreed about the policy impact of what the U.S. trade representative did -- or didn't do -- in the negotiations.
Determining how the U.S.-Mexico-Canada Agreement will change the economics of auto and auto parts manufacturing in America is critical for the U.S. International Trade Commission, which is responsible for estimating the economic effects of the pact. Of all the exports from the U.S. to its NAFTA partners -- $419 billion in 2015 -- $67 billion is automotive, according to the Center for Automotive Research. In the most recent data, the U.S. imported more than $58 billion in new vehicles from Mexico and Canada through the first eight months of 2018, and exported more than $18 billion new vehicles to those countries, according to the International Trade Administration.
The changes to the Section 232 aluminum exclusion process described in an interim final rule from the Commerce Department have not yet improved the process, The Aluminum Association said in its comments submitted Nov. 13 on that interim final rule. Decisions have only been made on about 20 percent of the published exclusion requests, and there are still requests published six months ago that haven't gotten an answer. "While the number of requests, objections, rebuttals and sur-rebuttals in the aluminum docket are far lower than the steel docket, the requests -- as well as objections and rebuttals -- are still difficult to monitor" because there's no adequate tracking system. Users can't search on HTS code, country of origin or the type of alloys -- they have to open every single file, the trade group noted.
Americans and Canadians are talking about ending U.S. tariffs on Canadian steel and aluminum and the Canadian countermeasures that followed, but Canadian Deputy Ambassador to the U.S. Kirsten Hillman said much remains uncertain. "Whether or not that will come to a successful conclusion before the signing is something I cannot predict," said Hillman, a veteran trade negotiator sent to Washington specifically for the NAFTA renegotiation. She couldn't say how the resolution would come about, and if some kind of cap on Canadian exports of those metals would be part of it.
CBP updated its guidance on how importers of goods excluded from Section 232 tariffs on steel and aluminum can file entries and receive refunds, it said in a Nov. 8 CSMS message. The message includes information related to the change in policy allowing for product exclusions to apply starting on the day a request was filed with the Department of Commerce (see 1809040035), rather than the day the request was posted for public comment. "To request an administrative refund for previous imports of duty-excluded products granted by DOC, importers may file a [Post Summary Correction (PSC)] and provide the product exclusion number in the Importer Additional Declaration Field," CBP said. "If the entry has already liquidated, importers may protest the liquidation."
While the next chairman of the House Ways and Means Committee is clear -- Rep. Richard Neal, D-Mass. -- the leadership of the Senate Finance Committee and the Ways and Means Trade Subcommittee is up in the air. Neal, who represents a slice of Western Massachusetts that has suffered from deindustrialization, voted against NAFTA, but for giving China permanent most favored nation status. He also voted no on the most recent fast-track renewal in 2015.
The de minimis footnote within the U.S.-Mexico-Canada Agreement is cause for "serious concerns" for the Customs Matters and Trade Facilitation Industry Trade Advisory Committee (ITAC 12), the committee said in an addendum to its report on the trade deal. The addendum, which is dated Oct. 24 but was released by the Office of the U.S. Trade Representative this week, is among multiple reports updated after Canada agreed to join the deal between the U.S. and Mexico. While the main advisory committee offered some light criticism in its support of the deal (see 1811060023), individual ITACs included some more pointed concerns.