There's still some question as to exactly how broad the Commerce Department's Section 232 investigations on steel and aluminum imports will be (see 1704200029 and 1704270024), members of the trade community said during a panel discussion May 3. The broadness of the administration’s definition of “national security” will determine the range of products covered by any safeguard measures, Allegheny Technologies Vice President Terrence Hartford said during a Kelley Drye event examining the first 100 days of Donald Trump’s presidency. Commerce Department officials are also under more pressure to finish antidumping and countervailing determinations early, said the panelists.
President Donald Trump signed a memo on April 27 that outlines the Commerce Department’s Section 232 investigation into aluminum imports (here), which started the day before (see 1704270024). The memo orders the investigation to take into account how the quantities, availability, character and use of those imports affect the U.S.’s ability to meet national security requirements, noting the close relationship between the nation’s economic welfare and national security. Should the investigation find that aluminum imports are threatening or impairing national security, the report must recommend actions and steps to adjust imports so they won’t have that impact, the memo said.
The Commerce Department on April 26 started an investigation into aluminum imports that could give President Donald Trump broad authority to level tariffs or quotas if it finds that the imports endanger national security, Commerce Secretary Wilbur Ross said during an April 26 briefing. “It is an investigation,” Ross said. “It is not one that has come to a conclusion. Therefore, we are not levying countervailing duties or taking any other action. This simply is starting the process and trying to accelerate it.” While aluminum imports “have been flooding” the U.S., the investigation lead to a decision on whether to respond with a trade remedy or some alternative, Ross said. Asked about the possibility of World Trade Organization actions taken in connection with the U.S. investigation, Ross said the administration will act “based on our view as to what are the proper rules, and our view as to who’s violating those rules. The WTO will do what they do.”
The Trump administration may launch Section 232 investigations that could result in additional tariffs on semiconductors, shipbuilding and aluminum, Commerce Secretary Wilbur Ross said, according to a report in The Wall Street Journal (here). Like an investigation on steel launched on April 20 (see 1704200029), the investigations would determine the effects of imports of each product and their effects on national security, potentially resulting in tariffs or other import and export restraints. A Section 232 investigation on aluminum is expected to be announced soon, CNBC reported (here). The Bureau of Industry and Security, which carries out Section 232 investigations, did not immediately comment.
The Commerce Department on April 19 launched an investigation that could result in the imposition of tariffs, quotas or other import restraints on steel. Commerce will examine whether steel imports threaten national security and a finding in the affirmative would allow President Donald Trump to take action to “adjust imports.” Trump signed a memorandum (here) the following day, April 20, instructing Commerce to carry out the inquiry “expeditiously." The Section 232 investigation is legally required to be completed within 270 days, though Trump said at the memorandum’s signing ceremony that he expects the agency’s report in the “next 30 to 50 days, I would say, and maybe sooner.”
President-elect Donald Trump's hard-line trade stance expressed throughout his campaign is seen by some as more of a negotiating tactic than a clear indicator of likely policy changes. While scholars still wonder how Trump would react if such talks don’t meet his goals, there's much debate as to what authority the president has to enact many of the Trump campaign promises. Among other things, Trump has said the U.S. should renegotiate NAFTA (see 1611100040), collect up to 45 percent tariffs to counter alleged Chinese currency manipulation (see 1601150029), and raise tariffs on companies that move operations overseas, withdrawing from the World Trade Organization if it disapproves of that policy (see 1607260043). Withdrawing from the WTO seems the least likely of those proposals, but a greater effort to engage China from a Trump administration is especially likely, observers said.
An International Trade Commission report on the Trans-Pacific Partnership says the deal’s elimination of technical barriers to trade will benefit express couriers, automotive manufacturers, and the agriculture industry, among others, but some in those industries remain skeptical about whether TPP will live up to the expectation. ITC released its congressionally mandated TPP report (here) on May 18 (see 1605190024). The assessment charted gains for U.S. automakers exporting to Japan, which ITC said would face fewer certification-related hurdles; and it projected success for seed and cheese producers shipping to Canada, which ITC said would encounter fewer registration and standards-related obstacles under the agreement. TPP’s technical trade barrier chapter will be particularly helpful for U.S. exports to Japan, Malaysia, and Vietnam, ITC said.
The Commissioners of the Consumer Product Safety Commission are to vote on an extensive guidance document regarding the testing and certification requirements of Section 102 of the Consumer Product Safety Improvement Act of 2008 (CPSIA1). CPSC states that it intends to develop regulations to implement Section 102, but that the draft would provide guidance until the rulemaking is issued.
The National Customs Brokers and Forwarders Association of America has issued a third email notice (dated February 26, 2009) stating that NCBFAA subject matter experts (SMEs) continue to work with senior managers at U.S. Customs and Border Protection to answer additional questions on the startup of the Importer Security Filing (ISF). In response to additional forwarded questions, NCBFAA states that (partial list):
The Consumer Product Safety Commission has updated its brief summary of Section 232 of the Consumer Product Safety Improvement Act of 2008 on all-terrain vehicles. The CPSC notes that as of April 13, 2009, it will be unlawful for an ATV manufacturer or distributor to import into or distribute in commerce in the U.S. any new assembled or unassembled ATV, unless the ATV is subject to an Action Plan on file with the CPSC and the manufacturer/distributor complies with all provisions of the Action Plan (as well as all provisions of the ANSI/SVIA 1-2007 standard for ATVs). (CPSC update available at http://www.cpsc.gov/about/cpsia/section232.html)