Trade Cases

Leibowitz on Trade: Final Annexes Released on Proclamation Covering “Derivatives”
Written by Lewis Leibowitz
January 29, 2020
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington:
The presidential proclamation announcing new tariffs on “derivative” steel and aluminum articles was published in the Jan. 29 Federal Register (85 Fed. Reg. 5281). There are two Annexes that detail the products covered by the new tariffs:
1. “Aluminum (Annex 1):
(A) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and with steel core, not electrically insulated; the foregoing fitted with fittings or made up into articles (described in subheading 7614.10.50);
(B) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing comprising electrical conductors, riot fitted with fittings or made up into articles (described in subheading 7614.90.20);
(C) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing not comprising electrical conductors, not fitted with fittings or made up into articles (described in subheading 7614.90.40);
(D) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing fitted with fittings or made up into articles (described in subheading 7614.90.50);
(E) bumper stampings of aluminum, the foregoing comprising parts and accessories of the motor vehicles of headings 8701 to 8705 (described in subheading 8708.10.30) ; and
(F) body stampings of aluminum, for tractors suitable for agricultural use (described in subheading 8708.29.21).”
2. “Steel (Annex 2):
(A) nails, tacks (other than thumb tacks), drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material (excluding such articles with heads of copper), suitable for use in power-actuated handtools, threaded (described in subheading 7317.00.30); and
(B) nails, tacks (other than thumb tacks), drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material (excluding such articles with heads of copper), of one piece construction, whether or not made of round wire; the foregoing described in statistical reporting numbers 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5560, 7317.00.5580 or 7317.00.6560 only and not in other statistical reporting numbers of subheadings 7317.00.55 and 7317.00.65;
(C) bumper stampings of steel, the foregoing comprising parts and accessories of the motor vehicles of headings 8701 to 8705 (described in subheading 8708.10.30); and
(D) body stampings of steel, for tractors suitable for agricultural use (described in subheading 8708.29.21).”
These product descriptions should be read in conjunction with the tariff reporting numbers cited in the Annexes. The 10-digit tariff numbers may include products that are not within the verbal descriptions above. As I read the notice, only products classified in these tariff numbers and described verbally would be subject to the new tariffs.
There are other provisions in the Annexes that describe the workings of the new tariffs, which I will report on later. Please note that automotive stampings covered by the Annexes are only bumper stampings, not body stampings. Body stampings for tractors are covered, but not body stampings for other motor vehicles.
Lewis Leibowitz
The Law Office of Lewis E. Leibowitz
1400 16th Street, N.W.
Suite 350
Washington, D.C. 20036
Phone: (202) 776-1142
Fax: (202) 861-2924
Cell: (202) 250-1551

Lewis Leibowitz
Read more from Lewis LeibowitzLatest in Trade Cases

US, UK reach trade deal that includes Section 232 ‘alternative’
The US and UK governments have announced a trade deal in which an “alternative” to the Section 232 steel and aluminum tariffs will be provided.

US pols urge ‘domestically owned’ steel industry
US Sen. Jim Banks (R-Ohio) and Rep. Frank Mrvan (D-Ind.) have written a letter in support of a “domestically owned and operated American steel industry” being vital to national security.

Leibowitz: Trump takes aim at trade with a tariff ‘punt gun’
The tariffs are intended to produce more investment and jobs in US manufacturing. But first, there will be a cosmic change, potentially wiping out millions of jobs in the short run. While administration officials will no doubt cringe at the comparison, it reminds me of the effort to undercut fossil fuels production to address climate change. Led by Democrats, the effort was to destroy fossil fuels so that renewable energy sources would have more space to grow. The result: inflation and electoral defeat in 2024.

Price: Expect new trade shocks as Trump’s ‘reciprocal’ tariff negotiations continue
President Trump cast a wide net with the proposed, reciprocal tariffs. The negotiating stage will be critical to determining the success of his strategy. And for those suffering tariff whiplash, don’t expect the pace of change to slow down just because the reciprocal tariffs are entering a negotiating phase.

SMU Survey: Less support seen for Trump tariff policies
Meanwhile, an increasing number think it's too early to say whether the penalties are going to bring more manufacturing to the US.