• Skip to main content

    Market Segment

    Wiley Rein's Tim Brightbill Talks China Trade, Russian Sanctions


    Last week, Timothy Brightbill, partner and co-chair of the International Trade Practice at the Washington, DC-based law firm Wiley Rein LLP, sat down with SMU to discuss the recent court decision sustaining Section 301 tariffs on Chinese goods, as well as the ongoing war in Ukraine.

     Brightbill 2 2023 04 04 at 3.20.21 PMEarlier this month, the US Court of International Trade upheld Section 301 tariffs of 25% on goods from China. It’s a saga stretching back to 2018 when the US Trade Representative imposed the tariffs under the direction of the Trump administration. Around 3,600 importers challenged the tariffs.  

    Brightbill lauded this latest decision sustaining the tariffs. “It’s an important ruling, affirming that the president has the power to maintain duties,” he said, adding: “The president has the power to issue Section 301 tariffs to address China’s unfair and distorted trade.” 

    When asked if the decision would have a negative effect on downstream suppliers, he disagreed. 

    “It encourages suppliers to move or source from other countries,” Brightbill said. “We don’t want to be dependent on China.” He cited a range of allegedly damaging behavior from China beyond “unfair” imports, including issues such as cyber theft and the use of state-owned enterprises. 

    Also, he said both the US International Trade Commission and USTR assessed the impact of Section 301 tariffs, and they both found “significant benefits to domestic manufacturing production,” and only small impacts on end-users.

    Looking ahead, Brightbill said the US is now reviewing the current duties, as well as additional 301 duties. “It will be important and interesting to see if the Biden administration pursues additional 301 actions against China,” he said. 

    He added that these could address issues like Chinese circumvention of duties, and third-country subsidies like China’s Belt and Road program. 

    For the steel industry in particular, he said, “strengthening trade rules against China is very important.” 

    Another complicated issue on the international stage is Russia’s continued war with Ukraine. Brightbill agreed with the pressure the US has imposed on Russia’s economy through sanctions.  

    “I think the US needs to bring the maximum pressure to bear on Russia, not just in steel but in other sectors,” he said. “The US is continually reassessing the sanctions, and should continue to look for ways to ratchet the sanctions up until the conflict with Russia is over.” 

    He emphasized that “we can’t allow the Russian economy to benefit from the sales of products in the US in any form.” 

    By Ethan Bernard, ethan@steelmarketupdate.com

     

     

     

    Latest in Market Segment

    Steel market chatter: Tight supply, strong demand keep sheet prices climbing

    In this week's Market Chatter, steel buyers point to tight supply and steady demand as reasons sheet prices could keep rising, with many expecting HRC to reach $1,400-1,449 per short ton in two months. Views on when the rally will peak are mixed, with some anticipating further increases while others mention softening demand and political uncertainty. Respondents also disagree on tariffs' impact. They say reshoring is generating activity but has yet to translate consistently into demand.

    Imports fall back slightly in September, slide further in October

    Final import data for September from the US Commerce Department shows a slight decline from August’s 15-month high. And October’s license count suggests another month-on-month (m/m) decline in imports. September imports of 2,416,717 short tons (st) were down just 1% from 2,434,108 st in August, a 15-month high. October license data show a steeper 8% m/m fall to 2,214,730 st (Figure 1, left). August appears to have been the peak for the recovery in imports, which has been ongoing since February of this year, when we saw some of the lowest levels since 2020.

    Steel exports fall in September to lowest rate of the year

    US steel exports eased 3% from August to September, marking the third consecutive monthly decline following June’s 17-month high, according to recently released US Department of Commerce figures. Exports have been historically low since early 2025 and remain weak compared to volumes seen in prior years. In September, 615,000 short tons (st) of steel were shipped outside of the country, 2% below the average monthly export rate of the past twelve months. September trade was 3% higher than the same month of 2025, 19% lower than September 2024, 21% lower than September 2023, and 15% lower than September 2022. For context, exports fell to a five-year low of 469,000 st in December and reached a near-five-year high of 914,000 st in May 2023.