There seems to be an erratic but discernible move toward more normal international trade policy. The last four years was anything but normal. Consider the following: • After World War II, the United States found itself in a preeminent position in the world. Nearly half of the production of goods and services in the world […]
There seems to be an erratic but discernible move toward more normal international trade policy. The last four years was anything but normal. Consider the following: • After World War II, the United States found itself in a preeminent position in the world. Nearly half of the production of goods and services in the world […]
Lately there has been a great deal of news on the legal front. Readers of this column have asked a lot of questions. Today I will try to get to at least some of them. Most of the recent court decisions relate to the Section 232 tariffs, so that is a good place to start. To […]
Steel price levels are in uncharted territory these days. The current prices, especially in an economy where interest rates are near zero and inflation remains low, are truly remarkable. How did this happen and when will it end? The short answer is that nobody really knows—but we can analyze the events surrounding the spike and […]
Eyes often glaze over when trade lawyers talk about the intricacies of antidumping law to what lawyers sometimes patronizingly call “laymen.” With a clear understanding of that risk, today’s piece dives into a recent decision by the Court of International Trade dealing with the Commerce Department’s treatment of Section 232 duties on steel in antidumping […]
Last Thursday, policy wonks observed the confirmation hearing of Katherine Tai to be the new United States Trade Representative, replacing Robert Lighthizer. When a new administration takes over, the previous leadership departs at noon on Jan. 20 and “acting” leadership assumes authority, but generally not much power. The new team is nominated, typically on Jan. […]
Last Thursday, policy wonks observed the confirmation hearing of Katherine Tai to be the new United States Trade Representative, replacing Robert Lighthizer. When a new administration takes over, the previous leadership departs at noon on Jan. 20 and “acting” leadership assumes authority, but generally not much power. The new team is nominated, typically on Jan. […]
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 […]
“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 […]
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 […]
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. […]
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. […]
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 […]
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 […]