Section 232 Tariffs

The Section 232 tariffs on steel and aluminum will continue to apply to such goods from China despite a hold on new tariffs on other products from China while trade talks continue (see 1805200002), Treasury Secretary Steven Mnuchin said on May 22. "As it relates to China, the steel and aluminum tariffs will remain in force," Mnuchin said during a hearing before the Senate Appropriations Subcommittee on Financial Services. "Those were not part of discussions," which were focused on the proposed Section 301 tariffs, he said.

CBP provided further details on how importers of goods excluded from Section 232 tariffs on steel and aluminum can file entries and receive refunds, in a May 21 CSMS message. "Importers and filers importing products granted an exclusion should submit the product exclusion number based on the last six digits of the product exclusion docket number," CBP said. Filers should not "submit the corresponding Chapter 99 HTS number for the Section 232 duties when the product exclusion number is submitted," the agency said.

Now that it is seemingly too late for Congress to ratify a new NAFTA in December (see 1805110025), predictions about what happens next vary widely. Treasury Secretary Stephen Mnuchin said on CNBC that the administration could pursue a "skinny NAFTA," and a Republican senator suggested that would be the best course of action, though a full rewrite is still preferred, Mnuchin said.

The European Union submitted to the World Trade Organization on May 18 the list of products it will impose 25 percent tariffs on if the U.S. does not spare it from steel and aluminum tariffs next month. The initial list, which runs to 181 items, is designed to counteract the tariffs on almost $7.2 billion worth of steel and aluminum that will be subject to duties from the United States under Section 232. Only 1.2 billion of that is aluminum. The EU could begin collecting tariffs on these items as soon as June 20. The list includes peanut butter, orange juice, cigarettes, steel, pipes, motorcycles and yachts.

CBP will make changes to ACE Entry Summary "that will allow CBP to validate tariff rate adjustments and exclusions in support of Section 232 measures," the agency said in a CSMS message. The update will come on June 1, the date most of the country-wide exemptions to the tariffs on steel and aluminum are scheduled to end (see 1805040046).

Some major industry associations are “deeply concerned” that the process for requesting product exclusions from Section 232 tariffs on steel and aluminum “is not working well,” they said in comments to the Bureau of Industry and Security on the agency’s interim procedures. “The deficiencies in the product exclusion request process are negatively impacting U.S. manufacturers and their ability to obtain product exclusions in a timely and efficient manner,” said the National Foreign Trade Council, one of those industry groups, in a press release.

Trade groups representing the apparel, steel, grain and chemical industries largely agree that China is flouting World Trade Organization rules for trade, but there remains some debate over whether the use of tariffs is necessary. "I think somehow imagining that China after 17 years of noncompliance with WTO rules will somehow reverse and do it is the definition of insanity," said Scott Paul, president of the Alliance for American Manufacturing, which represents U.S. steelworkers. "We're sitting on an economy where corporations are getting $1.5 trillion in tax cuts, we have pretty robust economy growth, so in a lot of ways there's never been a better way to fight a trade war and this is a very targeted war," Paul said, speaking as a panelist at a May 17 Washington International Trade Association event.

More than 1,000 of the 1,300 tariff lines on the list of products that could be affected by Section 301 tariffs would impact General Electric's operations, but the company is asking for just 34 items to be removed from the list. On May 16, during the second day of the International Trade Commission's public hearing to help it refine the list of products subject to 25 percent tariffs, Karan Bhatia, who leads GE's government affairs and policy office, suggested the committee exclude intra-company inputs from owned and controlled Chinese factories because those don't involve forced technology transfer, something the Section 301 tariffs are meant to address. He suggested items that have high U.S. content by value that come from China also should be excluded.

The combination of World Trade Organization rules for Most Favored Nation treatment and bound tariff rates leave the U.S. at a disadvantage within trade negotiations, Commerce Secretary Wilbur Ross said during a May 14 speech at the National Press Club. "We are now constrained by two sides of a WTO pincer," he said. The MFN, which requires level tariff rates for countries the U.S. doesn't have free trade agreements with, and Bound Tariff Rates, the ceiling on allowed tariff levels, "prevent us from having reciprocal tariffs because, in most cases, our bound rate ceiling is at or near our very low MFN applied rate, while other nations have higher levels of both." President Donald Trump has mentioned the possibility of implementing a "reciprocal tax" (see 1802120034).

Commerce Secretary Wilbur Ross, referring to press reports that the European Union may accept quotas on steel exports, told Senate appropriators on May 10, "I think there's a reasonable chance we'll work something out," while testifying about his department's budget. Ross also suggested Canada and Mexico should not be subject to quotas. Ross is handling the EU tariff exemption, but U.S. Trade Representative Robert Lighthizer is handling Mexico and Canada as part of the NAFTA renegotiation. Canada and Mexico import nearly as much steel from the U.S. as they sell here, Ross said. "We literally don't have enough aluminum production in our country without the support of Canada," Ross said. "They have not been dumping." He said that Canada's low cost of aluminum production is because of inexpensive energy inputs.