AMSCI NEWSLETTER December 2022

December 2022 Market Update

Inflation appears to finally be easing in the United States, but the Federal Reserve is continuing to tighten monetary policy.

Prices in November were 7.1 percent higher than they were a year earlier – a steep rise, but down from the spring and summer. Year-over-year inflation hit a high of 9.1 percent in June before decreasing each month since then. In October, it was 7.7 percent.

Core inflation, which excludes the volatile food and energy sectors, was at 6 percent in November, down from 6.3 percent in October and a recent high of 6.6 percent in September.

“Inflation was terrible in 2022, but the outlook for 2023 is much better,” the chief economist for Comerica Bank said to the Associated Press. “Supply chains are working better, business inventories are higher, ending most of the shortages that fueled inflation.”

With prices increasing not quite as fast as they have been, the Federal Reserve in December ended its streak of four straight 0.75-point interest rate hikes. The Fed, however, still boosted rates by 0.5 points, bringing the target range for the Federal Funds Rate to 4.25 to 4.5 percent, which is the highest it has been in 15 years.

“Recent indicators point to modest growth in spending and production,” the Fed’s Federal Open Market Committee said in announcing the latest rate increase. “Job gains have been robust in recent months, and the unemployment rate has remained low. Inflation remains elevated, reflecting supply and demand imbalances related to the pandemic, higher food and energy prices, and broader price pressures. Russia’s war against Ukraine is causing tremendous human and economic hardship. The war and related events are contributing to upward pressure on inflation and are weighing on global economic activity. The Committee is highly attentive to inflation risks.”

This was the seventh rate increase of the year, and the announcement stated, “The Committee anticipates that ongoing increases in the target range will be appropriate.” Fed Chairman Jerome Powell added, “we have more work to do.”

“It will take substantially more evidence to give confidence that inflation is on a sustained downward path,” Powell said.

With rate hikes likely to continue in 2023, some critics are warning that the central bank is being over-aggressive and is likely to push the country into a recession. Part of the difficulty is that monetary policy has a delayed impact – Powell, himself, acknowledged that “the full effects of our rapid tightening so far are yet to be felt” – so the country might learn in a few months that it has overdosed on rate hikes. In addition, global factors, such as war and supply chains, affect the economy regardless of how high or low interest rates are.

The chief U.S. economist at Oxford Economics, in comments to the Associated Press, described his interpretation of the Fed’s attitude as, “We’re going to break something. We’re going to break inflation or we’re going to break the economy.”

The labor market, so far, does not appear to have been affected by higher interest rates, with the nation’s unemployment rate remaining at 3.7 percent in November and the economy creating 263,000 jobs during the month, the Bureau of Labor Statistics reported.

One of the bankers who voted for the most recent rate hike, Federal Reserve Bank of New York President John Williams, predicted that this could soon change, however. Williams suggested in a late-November speech at the Economic Club of New York that unemployment could reach 5 percent in 2023 as the Fed continues to try to rein in inflation, which he described as the “number one economic concern across the globe.”

“Inflation is far too high, and persistently high inflation undermines the ability of our economy to perform at its full potential,” Williams said, according to Financial Times.

The markets reacted negatively to the Fed’s hints at more rate increases, with both the Dow Jones Industrial Average and the S&P 500 Index falling by more than 3 percent over the two days following the announcement. As of Dec. 16, the Dow was down 9.6 percent on the year, while the S&P had recorded a year-to-date loss of 19.2 percent.

Confidence in the economy appears to be slipping, according to some measures. On the business side, the Institute for Supply Management’s Purchasing Managers Index fell to 49 in November, dipping below the 50 threshold that indicates growth in the manufacturing sector. The index has decreased for three months in a row, has not risen since May, and is now at its lowest level since May 2020.

“With Business Survey Committee panelists reporting softening new order rates over the previous six months, the November composite index reading reflects companies’ preparing for future lower output,” the chair of the institute’s Manufacturing Business Survey Committee said.

Consumer confidence is also down, according to The Conference Board’s November Consumer Confidence Index, and the board’s senior director of economic indicators said, “Inflation expectations increased to their highest level since July, with both gas and food prices as the main culprits. Intentions to purchase homes, automobiles, and big-ticket appliances all cooled. The combination of inflation and interest rate hikes will continue to pose challenges to confidence and economic growth into early 2023.”

The University of Michigan’s Index of Consumer Sentiment, though, showed a small gain in confidence in November, but it is still “low from a historical perspective.”

Housing starts declined by 4.2 percent from September to October and were down by 8.8 percent year-over-year, the Census Bureau and the Department of Housing and Urban Development reported. Existing home sales decreased in October for the ninth straight month, according to the National Association of Realtors, falling by 5.9 percent from September and by 28.4 percent from October 2021.

“More potential homebuyers were squeezed out from qualifying for a mortgage in October as mortgage rates climbed higher,” the association’s chief economist said. “The impact is greater in expensive areas of the country and in markets that witnessed significant home price gains in recent years.”

The dollar on Dec. 16 was trading at 0.94 euros, 0.82 pounds, 136.53 yen and 6.97 yuan.

The debate continues over whether the Fed can guide the economy away from the Scylla of inflation without steering it into the Charybdis of recession. The holiday shopping season could provide useful indicators regarding pricing, purchasing and employment, but the first quarter of 2023 might present some numbers that are difficult to interpret. Q1 economic statistics have often skewed lower in recent years, especially when large parts of the country are hit by major winter storms. One likely positive for the global economy is that China has started to back away from its zero-Covid policies, which could ease supply chain and other economic pressures. However, if cases and deaths increase dramatically, the possibility remains that the country might return to hard lockdowns. Russia’s invasion of Ukraine, meanwhile, continues to put pressure on the food and energy markets, though gas prices in the United States have dropped by nearly $2 per gallon since June, according to AAA.

December 2022 Steel Shorts
WTO Rules that Section 232 Tariffs Violate International Trade Rules

The World Trade Organization on Dec. 9 ruled that the tariffs imposed on steel and aluminum imports by the United States in 2018 violate international trade rules, but the decision is unlikely to have any practical effect.

The WTO concluded that the levies violated provisions of the General Agreement on Tariffs and Trade (GATT) and it rejected the U.S. argument that the tariffs – which were implemented under Section 232 based, it was argued, on the need to support domestic production to support national security – are allowed under an exception in GATT for “any action which [a country] considers necessary for the protection of its essential security interests.”

“Having considered the evidence and arguments submitted in this dispute, the Panel did not find that the measures at issue were “taken in time of war or other emergency in international relations” within the meaning of” the GATT provision.

Although the tariffs were implemented by the Trump administration in 2018, the Biden administration has vigorously defended them in public comments, in U.S. courts, and in international proceedings.

The administration said following the ruling that, “The United States strongly rejects the flawed interpretation and conclusion.”

“The United States has held the clear and unequivocal position, for over 70 years, that issues of national security cannot be reviewed in WTO dispute settlement,” a spokesman for the Office of the U.S. Trade Representative said. “The Biden administration is committed to preserving U.S. national security by ensuring the long-term viability of our steel and aluminum industries, and we do not intend to remove the Section 232 duties as a result of these disputes.”

The U.S. can appeal the ruling, which would effectively put it into legal limbo. The WTO Appellate Body is unable to function because the United States has blocked the appointment of new judges for several years.

U.S. Proposes Multinational Group to Promote Greener Metals, Impose Tariffs

The United States has proposed to the European Union an international trade framework in which new tariffs would be imposed on imports of metals whose production does not meet carbon emissions standards.

The proposal from the Office of the U.S. Trade Representative, which was sent to the E.U. on Dec. 7, would create a multinational group called the Global Arrangement on Sustainable Steel and Aluminum. It would, The New York Times reported, “wield the power of American and European markets to try to bolster domestic industries in a way that also mitigated climate change. To do so, member countries would jointly impose a series of tariffs against metals produced in environmentally harmful ways.”

The proposal appears to have been drafted with China in mind, particularly since the Global Arrangement would only allow countries to join who “commit to not overproduce steel and aluminum.”

The U.S. and E.U. are reportedly developing a method for measuring the carbon footprint of steel and aluminum production, the Times noted, a process that could be also be applied to other materials.

“It will provide a common language for understanding many things,” European Commissioner for Trade Valdis Dombrovskis said.

China’s Reopening Driving Up Metals Prices: Wall Street Journal

China’s recent moves away from its zero-Covid policies of the past nearly three years are producing a surge in metals prices, according to an analysis in The Wall Street Journal.

Throughout the pandemic, the Chinese government has used aggressive lockdowns and quarantines in an attempt to squash Covid breakouts before they became widespread. This approach was very costly to the nation’s economy, as well as global supply chains. In addition, even in a country where repression is routine, the severe limits on freedom eventually led to large protests that forced the government’s hand.

With the policy changes, the Journal analysis noted, “Industrial metals like copper, aluminum and iron ore have staged an impressive rally recently as signs that China is preparing to reopen become more obvious.”

The analysis goes on to caution, though, that price trends could easily reverse because “the reopening process is likely to be bumpy and traumatic.”

“Covid-19 will now almost certainly spread rapidly, straining hospitals, spooking many consumers and – potentially – forcing new rounds of restrictions in some areas,” it stated. “Moreover, while Beijing’s recently announced support for languishing Chinese property developers suggests the worst for iron ore prices may be over, the housing market and actual investment remain deeply depressed. … Some analysts see ample supply as another potential headwind.”

Uzbekistan Now Avoiding Russia When Shipping Copper to Europe 

Uzbek copper is, for the first time, reaching Europe without going through Russia.

Because of the multinational sanctions that have been imposed on Russian as a result of its invasion of Ukraine, the Central Asian nation of Uzbekistan is shipping copper to Bulgaria via the “Middle Corridor” train route that, Reuters reported, “crosses Turkmenistan, Azerbaijan and Georgia as well as the Caspian Sea and the Black Sea with the aid of train ferries.”

“The European Bank for Reconstruction and Development (EBRD) said last month it was ready to invest billions of euros in the development of cargo routes between Europe and Asia that bypass Russia,” Reuters noted.

CUSTOMS CORNER

WPM Issues Remain a Priority for both CBP and APHIS

US Customs and Border Protection (CBP) and APHIS/USDA agriculture inspectors are continuing aggressive enforcement of the regulations requiring wood packaging materials (WPM) to be properly marked and effectively treated to protect against the introduction of harmful forest pests to the United States. CBP reported that for the first quarter of Fiscal Year 2022, there were 1,148 enforcement actions initiated for shipments involving contaminants associated with imported cargo shipments. The category of products with the most actions was metals, minerals, and metal products. The highest number of actions were issued by the Port of Baltimore, over three times the number from any other port.

 https://www.cbp.gov/sites/default/files/assets/documents/2022-May/ean-contaminant-fy22-q1.pdf 

CBP  reported that in June, 2022 alone, it issued 5,309 emergency action notifications for restricted and prohibited plant and animal products entering the United States. This covers many more products and issues than just  WPM,  but indicates the high activity level of the agriculture specialists. 

CBP at the Port of Houston has issued a video detailing how it inspects cargos for WPM issues at the seaport. https://www.cbp.gov/newsroom/video-gallery/video-library/overview-wood-packaging-material-inspection-houston-seaport 

CBP has also issued a CTPAT Bulletin – CTPAT Bulletin Agriculture Security MSC8.1, Last Updated: July 2022 – discussing the inclusion of written procedures designed to prevent visible pest contamination, to include compliance with Wood Packaging Materials (WPM)
regulations, as part of the Minimum Security Criteria for the CTPAT program. In addition to the written procedures, criteria include compliance with IPPC requirements and visibility of pest prevention measures throughout the supply chain.

    https://www.cbp.gov/sites/default/files/assets/documents/2022-Aug/Agricultural%20Security%20Bulletin%20MSC%208.1.pdf 

APHIS/USDA updated its webpage covering WPM in April 2022. The site includes information about WPM and its risks, and covers topics such as the role of importers and  best practices for ISPM 15 compliance.

https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/wood-packaging-material/wood-packaging-material 

  Steven W. Baker

AMSCI Customs Committee Chair

  swbaker@swbakerlaw.com