When President Trump imposed steel tariffs in 2018, he included an exclusion mechanism to liberate customers from tariffs on imported products that were not produced domestically. This was to permit steel-using manufacturers to continue to compete. Steel rolling mills that rely on imported slabs were among the largest users of the exclusion mechanism. When regulations […]
Last week I wrote about the US loss in the Section 232 steel and aluminum trade dispute at the World Trade Organization (WTO). This week, the US suffered another loss—the dispute settlement proceeding under the United States-Mexico-Canada Agreement (USMCA) on the Agreement’s rules of origin for automobiles. The United States has thus recently lost two […]
The United States lost a dispute in the World Trade Organization last month. This is hardly the first time. In this case, tariffs and other import restrictions on steel and aluminum imposed by President Trump in 2018 were found to violate WTO agreements. The United States argued that its invocation of “essential security interests” was […]
Donald Trump has been out of office for nearly two years. But some of his most unsustainable policies live on. Hostility to the World Trade Organization (WTO) is one. Tariffs that violate the rules of global trade is another. Immigration policy is a third. Trade is one of the most remarkable. Smart and experienced people are saying things […]
The US and the European Union have been engaging in talks designed to reduce global “overcapacity” in steelmaking. These talks stemmed from the agreement between the US and EU to change US Section 232 import measures from tariffs to tariff rate quotas (TRQs). The US has announced a plan (details are scarce) to impose higher […]
These days, there seem to be many emergencies. The impulse of government leaders often is to declare a crisis and then succumb to a dangerous tendency — don’t just stand there, DO something! Last June, the President issued a proclamation on imports of solar panels and cells, declaring a national emergency on the supply of […]
The Biden administration has, from its early days, presented a “worker-centered” trade policy. Katherine Tai, the US Trade Representative (USTR), has used that term consistently. What does that mean exactly? The “worker-centered” narrative includes, as is common in most policy debates, addressing the disparate impact on minorities and the disadvantaged. When a factory closes, those […]
The Department of Commerce on Thursday published its decision that Russia was again a non-market economy (NME) in antidumping cases. The move will change fundamentally the way antidumping duties will be calculated for imports from that country. All antidumping investigations, reviews, and sunset reviews will incorporate this change in all cases over the next several […]
This past week the Biden administration released a list of questions for the public on the four-year review of the Section 301 tariffs on China. The questions and the procedures in the review reveal quite a bit about where this investigation is going, and what policy choices will be coming out after the 2022 midterm […]
People who purchase imported steel don’t like Section 232 tariffs. And domestic steel producers don’t like exclusions to the 25% duties. Recent cases have highlighted a legal problem that mirrors commercial reality. If a domestic steel producer benefits from protective tariffs, does it have a right to participate in litigation against importers challenging the denial […]
Last Friday, as Michael Cowden reported, the International Trade Commission (ITC) voted to continue antidumping orders on hot-rolled steel flat products from Australia, Korea, the Netherlands, Japan, Russia, the UK, and Turkey. The vote was 5-0. But by a 3-2 vote, the Commission determined that revocation of the AD and CVD orders on Brazil would […]
The international consensus on expanding international trade has shattered. New York Times columnist Paul Krugman wrote a piece last week in the Times outlining some of the factors that led to the demise of this consensus. In the 1990s, with the advent of NAFTA and the WTO, the prevalent view among policymakers was that trade […]
I look for connections in current events, and often they are apparent for all the world to see. One recent example—in the Inflation Reduction Act, passed in August, Congress reinstated and revised the tax credit for “clean vehicles,” including electric, hybrid plug-in, and alternative fuel vehicles (such as hydrogen fuel cells). These cars are in […]
The Jones Act is in the news again. The Jones Act requires that all trade within the United States (including Puerto Rico) be carried on US-registered ships built in the United States and manned by crews composed of at least 90% American citizens or permanent residents. Last week, Secretary of Homeland Security Alejandro Mayorkas waived […]
Trump-era Section 301 tariffs on Chinese goods continue to be challenged in court even today, more than four years after they took effect. It’s remarkable that the tariffs have survived two presidential administrations that otherwise have little in common. President Biden and former President Trump have sharp differences when it comes to tone and to […]
Antidumping and countervailing duty actions (also known as trade cases) have been a mainstay for protecting American industries from foreign competition. Many lawyers and economic consultants (I am among them) have made their living litigating these cases at Commerce Department, the US International Trade Commission, and the courts. More than 660 products are currently subject […]
The White House announced earlier this month, to no one’s surprise, that hundreds of companies and trade associations had expressed interest in continuing Section 301 tariffs on Chinese goods. These expressions related only to the tariffs on $34 billion and $16 billion in trade value, the so-called “List 1” and “List 2” tariffs. The Office […]
The post-Cold War history of trade has certainly been turbulent. Readers may remember – if they are old enough – the euphoric days after the Berlin Wall fell and the Soviet Union fell apart. A key marker of the philosophical development explaining these cataclysmic events was an essay (1989) and book (1992) by Francis Fukuyama, […]
The House of Representatives on Friday approved the Inflation Reduction Act (IRA) on a party-line vote. This legislation, with only Democratic support, passed the Senate 51-50 last weekend. The bill now goes to President Joe Biden, who will sign it into law. This is by any measure a major piece of legislation. On the surface, […]
The House of Representatives on Friday approved the Inflation Reduction Act (IRA) on a party-line vote. This legislation, with only Democratic support, passed the Senate 51-50 last weekend. The bill now goes to President Joe Biden, who will sign it into law. This is by any measure a major piece of legislation. On the surface, […]
The US International Trade Commission (ITC) recently conducted hearings on the future of the Section 232 tariffs on steel and aluminum as well as on the Section 301 tariffs on imports from China. Congress mandated the ITC investigation in response to calls for the tariffs to be reduced or eliminated to fight inflation. Unlike the […]
Two major pieces of legislation were in the news this week. On the merits, both are scaled back substantially from earlier versions. But they are still major initiatives. The first has gone to President Biden for his signature, which is certain. That is the Chips for America Act, legislation that will provide substantial subsidies to […]
Eyes glaze over when trade laws are discussed. Despite this, I think it useful to delve a bit into details on occasion. A couple of recent developments prompt me to do so this week. First, the US International Trade Commission (ITC) voted unanimously last week that material injury was not done to the domestic industry […]
President Biden visited the Middle East last week. He touched down at Andrews Air Force Base in Maryland early Sunday morning. Every presidential trip is and must be evaluated by what else is going on. This one was originally billed as routine: to attend a summit meeting of the Gulf Cooperation Council (GCC), a group […]
The buzz about the war in Ukraine has shifted. For the first three months of the conflict, Ukraine was hailed for a valiant struggle against a strong Russian foe. This valor is part of a larger struggle—the preservation of peace against the threat of violent conquest of weak nations by stronger ones. The stakes could […]
Tariffs on China have been controversial from the beginning. Passions run high, and it’s sometimes hard to find a middle ground on policy matters concerning China. The tariffs at issue are those imposed on Chinese goods under Section 301 of the Trade Act of 1974, as amended. Over the next few months, the Biden administration […]
The World Trade Organization just concluded its 12th Ministerial Conference since the launch of the ill-fated Doha Development Agenda in 2001. The conference stayed in session past its scheduled end, and it reached agreements that surprised many WTO observers. A lot of credit goes to WTO Director General Ngozi Okonjo-Iweala of Nigeria, who kept the ministers […]
Antidumping and countervailing duty (“trade remedy”) cases provide a rare glimpse into tariffs on imported goods that entered the US before they were subject to these burdensome duties. In the opinion of some, retroactively applied tariffs are always unfair to importers and their downstream US customers. Others disagree, believing that they deter imports competing with […]
The Biden administration, picking up where the “America First” Trump administration left off, extols the virtues of increased production here at home. There are many advantages to this approach, the president says. Increased production in the US will diminish reliance on China in critical materials for electric vehicles (rare earth metals and lithium, for example). […]
Tariffs on China put in place under the Trump administration are under review now because Section 301 of the Trade Act of 1974 requires it after four years. I thought it was surprising that President Biden continued the “China tariffs” after criticizing them during the 2020 presidential campaign. But it is not too surprising. The tariffs […]