International trade problems and their resolutions inherently deal with the most parochial and global interests. Opponents of trade liberalization decry “bad deals” that rob the United States of good-paying American jobs. Proponents support trade deals because they make consumers in America and the world over better off (“save money, live better”). In the 1990s, the […]
“Life’s full of tough choices, innit?” Ursula, The Little Mermaid (1989) That memorable cinematic line brings to mind the dilemmas of trade, diplomacy and national security. Economic interests sometime interfere with military and human rights considerations. Add the COVID pandemic into the mix, which has profoundly affected international commerce. First, the changes in international trade […]
An interesting feature of trade remedy law, by which I refer to as antidumping, countervailing duty, safeguards and Section 232 import “adjustments,” is alleged circumvention of these orders. Readers have asked questions about this subject, which can catch downstream users and importers unawares. Circumvention refers to processing goods that are subject to trade restrictions (duties […]
When nations go to war, trade between them, at least in modern times, is supposed to stop. There was little complaint after Pearl Harbor, for example, about legislative and executive actions to stop all commerce between the United States on the one hand, and Germany, Italy and Japan on the other. We used to assume […]
A court decision last week highlights the limits Congress placed on presidential authority under Section 232 of the Trade Expansion Act. In PrimeSource Building Products v. United States (decided April 5), the Court of International Trade ruled that presidential Proclamation 9980 (issued Jan. 24, 2020), imposing tariffs on certain steel and aluminum “derivative products” was […]
Every so often there are ideas (but rarely new ones) to “reform” international trade laws. Mostly, the interests that have the ear of Congress (domestic producers of steel, for example, and organized labor) put forward their ideas. Less often, interests that employ more Americans in manufacturing put theirs forward. The two sides of the divide […]
In December 2020, Congress passed a massive spending bill, which is the way appropriations have been done in Washington for the last 20 years or so. One new provision with international implications is the requirement for the Director of National Intelligence (DNI) to prepare an annual threat assessment report. This new report, issued recently by […]
As many countries and trading blocs like the EU focus on keeping production “at home” to prevent shortages in emergencies, America is joining in. “Buy America” as a slogan and a policy has been around for many years in many forms. But the allure of Buy America runs into practical problems; and that dilemma has […]
The right to profit from invention has been protected since the inception of the country. Just look at the Constitution. But for just as long it has been controversial. A few days ago the Biden administration reversed the long-held position of the U.S. course and announced its support for waivers of patent rights and other […]
Many of you may have sat, like me, in a line to get gasoline this week. It brought back memories of the Arab Oil Embargo of 1973 and the Iranian boycott of 1979. This time, a gasoline pipeline supplying about half of that product to the eastern United States was closed, allegedly due to a […]
Count me as an optimist—that events move, sporadically and inconsistently, but generally toward progress. I received a lot of messages during the past week that wondered openly whether talks between the United States and the European Union might lead to an end to the steel and aluminum tariffs that have been in effect since 2018. […]
Two phenomena that we have not seen in a long time have recently appeared. Whether they are short-term events or long-term realities is provoking debate. I am speaking of the distinct but related issues of inflation and shortages of, it seems, nearly everything. Inflation was a major factor in the U.S. economy throughout the 1970s. […]
The Commerce Department released a number of findings in antidumping and countervailing investigations this week. Of particular note were decisions on seamless pipe and steel wire strand. Commerce announced affirmative preliminary determinations in the countervailing duty investigations of seamless carbon and alloy steel standard, line, and pressure pipe from Russia and South Korea. Subsidy rates […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: The transition to a new administration is now strongly under way. Tomorrow, the president-elect is set to name additional members of his economic team, including the roster of international trade officials. The time for speculation is over since […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: It’s nearing the end of the year—in this particular year, it’s hard to be sorry that we’ll soon turn the page—and time for some reflections. I read and study a lot of history and I find it helps […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: As the 2020 election approaches its final chapters, the legal system has been front-page news. No less important is the rule of law in international trade matters. The Trump campaign and its allies have approached the courts to […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: At the end of 2020, rather than looking back I’d like to look forward. Anyone care to join me? We can anticipate some major changes in government and the economy. The Biden-Harris administration takes over in exactly one […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: Exchange rates make international transactions possible. If a trading partner (let’s call them Country X) could keep its exchange rate abnormally low against the U.S. dollar, its exports to the U.S. would be more competitive and sales would […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: The steel tariffs were in the news recently with the announcement of a settlement of a lawsuit brought to challenge denials of exclusion requests. This is the third case, by my unofficial count, that has been settled in […]
Mexico has agreed to strictly monitor exports of grain-oriented electrical steel in lieu of trade restrictions under Section 232 of the Trade Expansion Act of 1962. A Nov. 5 statement from the U.S. Trade Representative said, “In light of these measures, imports from Mexico will not be subject to any action to adjust imports of […]
The Department of Commerce has self-initiated an investigation into the circumvention of antidumping and countervailing duty orders on oil country tubular goods from China. Commerce said on Thursday that it will investigate whether hot rolled steel sheet and strip from China is exported to Brunei and the Philippines for minor processing before being exported to […]
The Department of Commerce said it plans to move forward to implement tariffs or other trade remedies on imports of electrical steel components. Commerce launched a Section 232 investigation in May 2020 following comments by Cleveland-Cliffs CEO Lourenco Goncalves regarding the continued viability of AK Steel Butler, the sole producer of electrical steel in the […]
Five congressional representatives are saying “don’t do it” to a proposal to impose Section 232 tariffs on imports of transformer cores, laminates and transformers. In a letter to Commerce Secretary Wilbur Ross, Virginia Reps. Denver Riggleman, Ben Cline, Morgan Griffith, Arkansas Rep. Bruce Westerman and North Carolina Rep. Dan Bishop said that imposition of tariffs […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: This campaign, like all others, is about many issues. The economy, though, is clearly the most powerful message of the Trump campaign. Over the last century or so, where does the Trump economy rank? There are many different […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: The turmoil in this country continues. The election is now 30 days away. The president has COVID-19; the debates may not continue. And, our economy continues to suffer from the pandemic and the economic impact of disease and […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: Each week seems to bring new surprises, economically and politically. I was struck by the monthly trade report and question from readers—I thought I’d pull them together and try to respond. The August trade report was released last […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: Tariffs are coming at us from every direction, it seems like. Tariffs are taxes, as we hear a lot. Some taxes are predictable, but those on China, steel, aluminum, washing machines and solar panels tend to be vastly […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: The election may already have been decided, but we can’t know that until election night and perhaps not even then. While we wait for those results, I want to take the time to explore a reader’s question I’ve […]
Trade attorney and Steel Market Update contributor Lewis Leibowitz offers the following update on events in Washington: We now know, or at least think we know, who will be president next Jan. 20. Congratulations to Joe Biden. Formalities and lawful procedures still must be maintained. Disputes over allegedly invalid ballots, late arriving ballots, etc. will […]
With a presidential election on the horizon, the AIST Town Hall Forum asked steel executives how a new administration may affect the steel industry and trade. “I continue to expect bipartisan support in Washington for American workers, American steelmaking, regardless of who is in the White House,” said U.S. Steel CEO Dave Burritt. “But I […]