As a result of the Steel and Aluminum tariffs announced by President Trump in March 2018, and amended with proclamations issued on May 1, 2018, and June 1, 2018, several trading partners have decided that reciprocal and retaliatory tariffs on U.S. products are appropriate. To date, the following countries have decided to retaliate – Canada, China, the European Union, India, and Mexico. See the comprehensive list of retaliatory tariffs here.
Tariffs to Be Imposed on Imported Steel and Aluminum from the EU, Canada, and Mexico
Commerce Secretary Wilbur Ross announced on Thursday, May 31st that a 25 percent tariff on steel and a 10 percent tariff on aluminum will go into effect at midnight on May 31 on imports from Canada, Mexico, and the European Union. Those countries had previously been granted temporary exemptions from the initial tariffs announced in March as a result of investigations under Section 232 of the Trade Expansion Act of 1962. According to Secretary Ross, while discussions with the European Union were ongoing, the progress did not warrant another temporary exemption. Additionally, this announcement comes in the middle of the North American Free Trade Agreement (“NAFTA”) re-negotiations with Canada and Mexico. Ross stated that those talks have taken longer than expected and there is no precise end date in sight.
Petition Summary: Steel Propane Cylinders From China, Taiwan, and Thailand
On May 22, 2018, Worthington Industries and Manchester Tank & Equipment Co. filed a petition for the imposition of antidumping and countervailing duties on imports of Steel Propane Cylinders from the People’s Republic of China, Taiwan, and Thailand. Commerce initiated the case on June 12, 2018. See the factsheet here.
President Continues 232 Exemptions for Certain Countries, Announces Quota on Imports of Steel from South Korea
On April 30, 2018, the President issued two new Proclamations regarding the 232 tariffs imposed on imports of steel and aluminum articles into the United States. The new Proclamations modify the previous steel and aluminum Proclamations with respect to imports from Canada, Mexico, the European Union, Argentina, Australia, Brazil and South Korea.
Petition Summary: Quartz Surface Products from China
On April 17, 2018, Cambria Company LLC filed a petition for the imposition of antidumping and countervailing duties on imports of Quartz Surface Products from the People’s Republic of China.
SCOPE OF THE INVESTIGATION
The merchandise covered by the investigation is certain quartz surface products. Quartz surface products consist of slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite) as well as a resin binder (e.g., an unsaturated polyester). The incorporation of other materials, including but not limited to pigments, cement or other additives, does not remove the merchandise from the scope of the investigation. Quartz surface products are typically sold as slabs with a total surface area of approximately 45 to 60 square feet and a nominal thickness of 1 centimeter, 2 centimeters, or 3 centimeters. However, the scope of this investigation includes products of all sizes, thicknesses, and shapes. Quartz surface products are covered by the investigation whether polished or unpolished, cut or uncut, fabricated or not fabricated, cured or uncured, edged or not edged, finished or unfinished, thermoformed or not thermoformed, further processed or not further processed, packaged or unpackaged, and regardless of the type of surface finish.
China Announces New Retaliatory Tariffs on U.S. Goods
The Chinese Ministry of Commerce announced on Sunday that it would be imposing duties on 128 different U.S. products beginning today, April 2. They provided the list of products last week, particularly targeting U.S. agriculture. The tariffs are on an estimated $3 billion worth of goods.
There will be a tariff of 15% on commodities such as fruits and nuts, wine, seamless steel pipes and modified ethanol. The 15% tariff will apply to 120 tariff lines, including the following:
United States Exempts South Korea from Section 232 Steel Tariffs in Exchange for a Quota?
The Office of the U.S. Trade Representative (USTR) announced that it had reached an agreement with South Korea to provide the country with a long term exemption from the 25 percent tariff on steel products imposed by the President under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). Instead,
Petition Summary: Glycine from China, India, Japan, and Thailand
On March 28, 2018, GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc. filed a petition for the imposition of antidumping and countervailing duties on imports of glycine from the People’s Republic of China, India, Thailand, and Japan.
Petition Summary: Steel Wheels from China
On March 27, 2018, Accuride Corporation and Maxion Wheels Akron LLC filed a petition for the imposition of antidumping and countervailing duties on imports of steel wheels from the People’s Republic of China.
President Exempts Countries from Steel and Aluminum Tariffs, Makes Product Exclusions Retroactive
Country Exemptions
On March 22, 2018, the President issued new Proclamations temporarily exempting imports from certain countries from the steel and aluminum tariffs that were announced in Proclamations 9704 and 9705 of March 8, 2018. The President had previously exempted imports from Canada and Mexico and the new Proclamations add exemptions for imports from Argentina, Australia, Brazil, European Union member countries, and South Korea. However, the Proclamations make clear that the exemptions, including the exemptions for Canada and Mexico, are temporary and that tariffs will go into effect on imports from an exempted country on May 1, 2018 unless the country has reached an agreement with the United States on an alternative means to remove the threat to national security posed by imports of steel articles from the country. If any agreements are reached and any countries are exempted on a long term basis, the President will consider adjustments to the tariff level imposed on non-exempt countries.
In the meantime, the President may consider quotas on imports from exempt countries. If a quota is imposed, the quota amount imposed will take into account all imports of steel and aluminum since January 1, 2018.
While the country exemptions may extend beyond May 1, depending on the progress on trade negotiations, there is no guarantee of such extensions.