Section 232 Tariffs

China disputed the legality of the Section 232 tariffs on steel and aluminum at the World Trade Organization (see 1803260025), and now the U.S. is disputing both the characterization of those tariffs and how China has responded to them. The tariffs were for national security, and not to protect domestic industry from rising imports, asserted Deputy U.S. Trade Representative Dennis Shea, ambassador to the WTO. China's decision on April 2 to implement tariffs on pork, aluminum scrap and other U.S. exports were not justified, Shea wrote in a letter to China's WTO ambassador, since China can only use the safeguards to respond to safeguards, and the U.S. measures were not safeguards. "China has asserted no other justification for the measures, and the United States is aware of none," he wrote. "Therefore, it appears that China's actions have no basis under WTO rules."

The recently implemented Section 232 tariffs on steel and aluminum didn't apply to goods under an Immediate Transportation entry if those goods arrived within U.S. port limits as of the March 23 effective date (see 1803230014), the National Customs Brokers & Forwarders Association of America said in an April 3 email. The NCBFAA said it confirmed that with CBP. "Thus, where an IT was filed for goods which arrived prior to March 23, 2018, 232 duties should not be assessed even though the entry summary was filed after March 23, 2018," it said. Filers that "have deposited 232 duties on IT shipments which arrived prior to March 23, 2018 should contact their [Automated Broker Interface] Client Representative to discuss the procedure for obtaining a refund of the 232 duties." CBP didn't comment.

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Ukraine is asking for consultations at the World Trade Organization over the U.S. Commerce Department's January determination that Ukraine is dumping carbon and alloy steel wire rod (see 1803130013). The WTO on April 3 published the request, which asks why the two companies that cooperated have antidumping duties of 44.03 percent, while others have 34.98 percent. It also asks why the U.S. took action against wire rod exporting companies in two groups (see 1803210009) to evaluate material injury. The document asks: "Would the United States please clarify how such a methodology comply with WTO rules and principles?" In other action April 3 at the WTO, China officially submitted its safeguard tariffs reacting to U.S. Section 232 tariffs on steel and aluminum (see 1804020009).

An additional two presidential proclamations related to Section 232 tariffs on aluminum and steel were published March 28 in the Federal Register. One new detail was released on how companies can make arguments that the steel or aluminum they import should be excluded from tariffs. The proclamation said the commerce secretary can take "into account the regional availability of particular articles, the ability to transport articles within the United States, and any other factors as the Secretary deems appropriate."

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The International Trade Commission on March 23 issued Revision 2 to the 2018 Harmonized Tariff Schedule. The main reason for the update was to implement new Section 232 tariffs on aluminum and steel products (see 1803230060). The ITC also made technical corrections and changes related to recently imposed Section 201 safeguard duties on solar cells and residential washers. The changes, most of which took effect March 23, are as follows:

American tariffs on aluminum and steel are safeguard measures masquerading as a national security action, and therefore, the Chinese Ministry of Commerce is within its rights to prepare safeguard tariffs in response, the ministry said in a March 23 notice. The country also released a list of products that will be subject to the new tariffs. That list, which is in Chinese, is reportedly divided into two phases. The first phases would include 15% tariffs on products like nuts, wine and seamless steel pipes, while the second phase would add a 25% tariff on pork and aluminum, according to The Wall Street Journal. The notice didn't say when the tariffs would take effect.

The International Trade Commission on March 23 issued Revision 2 to the 2018 Harmonized Tariff Schedule. Changes, many of which take immediate effect, include provisions required to implement Section 232 tariffs on aluminum and steel products that took effect March 23 (see 1803230014). The ITC said it is aware of some technical issues with the documents and is "working to resolve it as quickly as possible." International Trade Today will have more details on the changes in a subsequent issue.

President Donald Trump, speaking to the press about signing the omnibus spending package for fiscal year 2018, opened by talking about negotiations with allies about exemptions from Section 232 tariffs on aluminum and steel. "Some tremendous trade deals are being made with various countries. We're negotiating very long very hard, but very quickly," he said. "The deal with South Korea, according to [Commerce] Secretary [Wilbur] Ross and [U.S. Trade Representative] Bob Lighthizer is very close to being finished, and we're going to have a wonderful deal with a wonderful ally." He said the U.S.-Korean Free Trade Agreement, or KORUS, as originally implemented "was a deal that was causing a lot of problems for our country with employment."