AMSCI NEWSLETTER February 2024

February 2024 Market Update

The U.S. economy in the fourth quarter continued to shake off fears of a recession by growing at an annualized rate of 3.3 percent, according to the Bureau of Economic Analysis.

The bureau said that the expansion resulted from “increases in consumer spending, exports, state and local government spending, nonresidential fixed investment, federal government spending, private inventory investment, and residential fixed investment.”

For all of 2023, the economy grew by 2.5 percent, with expansion significantly sharper in the last two quarters of the year (4.9 percent and 3.3 percent) than in the first two (2.2 percent and 2.1 percent).

BBC in February reported on how U.S. growth has been “outpacing all other advanced economies and [is] on track to do so again in 2024.”

“The US is holding up much better than other countries,” the news outlet quoted the chief U.S. economist at Oxford Economics as saying. “It seems like the engine of the U.S. economy continues to hum along where it’s sputtering in other nations.”

The International Monetary Fund is projecting that gross domestic product in
the United States will increase by a bit over 2 percent this year, while growth will be below 1 percent in the European Union, the United Kingdom and Japan. Canada is projected to be just below 1.5 percent.

BBC attributed the healthier American economy to aggressive pandemic assistance programs, more flexible business and labor markets, and energy independence, with the latter factor saving the country from the shocks felt by European countries and others that resulted from Russia’s invasion of Ukraine.

The United States, though, does continue to experience elevated levels of inflation, with January prices increasing 0.3 percent from December and 3.1 percent from a year earlier, the Bureau of Labor Statistics reported. Core inflation – which excludes the volatile food and energy markets – was even higher, at 0.4 percent month to month and 3.9 percent year over year. Inflation in the “shelter” sector is driving much of the overall number; prices rose by 0.6 percent from December and by 6 percent from January 2023. This result, as high as it was, did, however, mark the 10th straight monthly decrease following an 8.2 percent increase in March.

“Shelter rose, but it’s not that it increased because of rents,” the chief economist at Middleburg Communities told Yahoo Finance. “It increased mainly because of hotels and motels, which haven’t been a problem over the last year, but they were a problem in January.”

The economist added that increases in shelter prices “signal continued strong demand for all forms of housing because the economy has been so strong.”

The National Association of Realtors reported that the median existing home price in December increased 4.4 percent from a year earlier to $382,600. Amid a long-run increase in prices, existing home sales in 2023 decreased 6.2 percent from the previous year and were at their lowest level since 1995.

“Obviously, the recent, rapid three-year rise in home prices is unsustainable,” the association’s chief economist said. “If price increases continue at the current pace, the country could accelerate into haves and have-nots. Creating a path towards homeownership for today’s renters is essential. It requires economic and income growth and, most importantly, a steady buildup of home

construction.”

Housing starts in January fell 14.8 percent from December and were 0.7 percent below the January 2023 level, according to the U.S. Census Bureau and the Department of Housing and Urban Development.

Mortgage rates remain high, and the Federal Reserve in January once again declined to reduce interest rates, leaving the target range for the Federal Funds Rate at 5.25 to 5.5 percent.

“Inflation has eased over the past year but remains elevated,” the central bank’s Federal Open Markets Committee stated in an announcement following its Jan. 30-31 meeting. It added, “The Committee does not expect it will be appropriate to reduce the target range until it has gained greater confidence that inflation is moving sustainably toward 2 percent.”

Rate cuts are anticipated this year, but the January inflation data, which was released about two weeks after the Fed’s most recent meeting, may push them back.

“If this keeps up with another month or two of inflation staying high, you can kiss a June [rate cut] goodbye and we’re probably looking at September,” the chief market economist at Spartan Capital Securities told Reuters. “It’s a hotter-than- expected [January inflation] report and it’s part of what the Fed has been alluding to when it says it’s too early to say that inflation has been beaten.”

As has typically been the case in recent years, the labor market posted solid numbers, with the economy adding 353,000 jobs in January and the unemployment rate staying at 3.7 percent, according to the Bureau of Labor Statistics.

“Job gains occurred in professional and business services, health care, retail trade, and social assistance,” the bureau noted. “Employment declined in the mining, quarrying, and oil and gas extraction industry.”

Analysts did note some possible signs of weakness in the report, particularly the decrease in average hours worked per week to 34.1.

“That number is typically a reliable gauge of employer demand for workers,” the chief economist for ZipRecruiter told Barron’s. “When consumer demand slackens, companies typically cut workers’ hours before cutting payrolls. Today’s work week reading flashes a warning sign for the economy that job cuts could be looming.”

Consumer confidence has increased, with The Conference Board’s January Consumer Confidence Index rising 6.2 percent from December and reaching a two-year high.

“January’s increase in consumer confidence likely reflected slower inflation, anticipation of lower interest rates ahead, and generally favorable employment conditions as companies continue to hoard labor,” the board’s chief economist said.

The University of Michigan’s Index of Consumer Sentiment, meanwhile, rose only slightly from January to February but is now 19 percent higher than it was in February 2023.

“Consumer sentiment was essentially unchanged from January, rising 0.6 index points this month and solidifying the large gains from the past two months,” the university’s Surveys of Consumers director said. “The fact that sentiment lost no ground this month suggests that consumers continue to feel more assured about the economy, confirming the considerable improvements in December and January across various aspects of the economy.”

Business confidence also showed gains, with the Institute for Supply Management’s Purchasing Managers Index recording its biggest increase in more than a year from December to January.

“Demand remains soft but shows signs of improvement, and production execution is stable compared to December, as panelists’ companies continue to manage outputs, material inputs and labor costs,” the chair of the institute’s Manufacturing Business Survey Committee said.

The Dow Jones Industrial Average closed at 38,627.99 on Feb. 16, up 2.5 percent on the year. The S&P 500 Index ended the same day at 5,005.57, for a year-to-date gain of 4.9 percent.

The dollar on Feb. 16 was trading at 0.93 euros, 0.79 pounds, 150.35 yen and 7.19 yuan.

Even with largely positive economic news, predictions of a recession remain as some analysts cite hidden trends in the data. MarketWatch noted that a survey by the National Association of Business Economists found that nearly a fourth of respondents foresee a recession this year, Citi’s chief U.S. economist told CNBC that a downturn is likely starting in the middle of 2024, and Business Insider reported on an economic model that shows an 85 percent chance of recession in coming months. Whether these prognosticators turn out to be

Cassandras or just overly pessimistic will largely be determined by the American consumer – and the Federal Reserve.

Upcoming Events

AMSCI Golf and Dinner at the Wash House | Tuesday, June 11, 2024

Lakewood Golf Club
5910 Lakewood Dr, Fairhope, AL 36532

Register here

2024 AMSCI Annual Gala Dinner | Thursday, November 14, 2024

The Yale Club of New York City
50 Vanderbilt Avenue
New York, New York 10017

2024 AMSCI Christmas Dinner | Thursday, December 12, 2024

The Houstonian Hotel, Club & Spa
111 North Post Oak Lane
Houston, TX 77024

INDUSTRY EVENT:

BREAKBULK & PROJECT CARGO | April 24-26, 2024

Hilton New Orleans
Riverside, Louisiana
presented by S&P Global.

AMSCI Webinars

We are looking to prepare and present the first two webinars of 2024.

The first, developed in concert with Larry Hanson, will focus on Customs and tariff issues pertaining to aluminum. We anticipate this webinar will run approximately one hour. The timing of the webinar has yet to be determined.

The second webinar will focus on significant, relevant trade policy issues and concerns that we will see during the coming year. The webinar, also approximately an hour in length, will feature a discussion of trade law and policy issues with Lewis Leibowitz and Richard Chriss. The webinar may have a moderator. The timing of this webinar has also yet to be determined.

Steel Shorts February 2024

ITC Rejects Tinplate Steel Tariffs

The International Trade Commission (ITC) on Feb. 6 rejected efforts to impose tariffs on tinplate steel from multiple countries.

Cleveland-Cliffs had sought since last year to have the federal government impose the tariffs and the Commerce Department sided with the company in January, recommending that tinplate imports from China be subject to levies of 122.5 percent, with much smaller tariffs on such imports from other countries.

The ITC, however, rejected those recommendations, ruling that imports of tinplate, which is commonly used in canned goods, from Canada, China and Germany were not in violation of antidumping or countervailing duty rules.

“The decision is a victory for U.S. can manufacturers and food companies who argued that increasing costs for imported tinplate would raise can production costs and result in higher retail prices for canned foods, while jeopardizing jobs at companies that make cans,” The Wall Street Journal stated.

AMSCI in mid-2023 advocated against the proposed tinplate tariffs, arguing that they were “a clear threat to tens of thousands of American workers who derive their livelihoods from the metals supply chain and in downstream manufacturing businesses.”

Nippon Steel’s China Assets Could Complicate U.S. Steel Acquisition: Bloomberg

Nippon Steel’s holdings in China could be a “potential stumbling block” as the company seeks approval for its takeover of U.S. Steel, Bloomberg reported in February.

It was announced in December that Nippon would buy the iconic American company for $15 billion, but the deal is subject to review by the federal government and multiple lawmakers in both parties have argued against it, citing the potential impact on American jobs and U.S. national security.

Bloomberg reported that, according to the company’s 2023 shareholder’s report, Nippon has nine facilities in China, and anonymous sources advised that the Biden administration “is worried about Nippon Steel’s exposure to China.”

“The complication for Nippon Steel is that regulators may look unfavorably on whether its acquisition of U.S. Steel could allow more access to U.S. markets for Chinese-sourced steel, while the administration uses tariffs and other measures to keep steel from being dumped on the American market,” Bloomberg stated.

The Committee on Foreign Investment in the United States (CFIUS) is reviewing the deal, but Bloomberg noted, “It is not clear whether the China assets will be an explicit part of the CFIUS review.”

Nippon said in a statement that its operations in China represent “less than 5% of the company’s global production capacity.”

“Our operations in China – including joint ventures with Chinese partners – have no control over our operations or business decisions outside of China, including in the U.S.”

U.S. Warns of Possible Reimposition of Section 232 Tariffs on Mexico

American trade officials have indicated that, if Mexico does not take action to reduce the steel that is flowing through that country and into the United States, Section 232 tariffs could be reimposed, SteelOrbis reported.

Lawmakers and Biden administration officials have been pressing Mexico since last year about the recent “surge” in steel imports from south of the border – some of which originally comes from China and other nations – in violation of the 2019 pact that lifted Section 232 tariffs on Mexico.

U.S. Trade Representative Katherine Tai met with the head of Mexico’s Ministry of Economy in February to discuss the steel and aluminum trade.

“During the meeting, Ambassador Tai stressed the urgent need for Mexico to take immediate and meaningful steps to address the ongoing emergence of Mexican steel and aluminum exports to the United States and the lack of transparency regarding Mexico’s steel and aluminum imports from third countries,” the Office of the U.S. Trade Representative stated.

The office added that Tai hinted at possible consequences for non-compliance.

“Ambassador Tai,” it stated, “emphasized that the 2019 Joint Statement on the Section 232 duties on steel and aluminum allows for the reimposition of Section 232 tariffs.”

Missouri GOP Senator Asks Biden to Prevent Shutdown of Aluminum Smelter

A Missouri Republican senator wrote to President Biden on Jan. 25 to urge him to use the Defense Production Act to prevent an aluminum producer in the Show Me State from shutting down.

Sen. Josh Hawley said the decision by Magnitude 7 Metals to cease production at its aluminum smelter in Marston, Mo., is “a devastating blow to working families and good-paying union jobs in my state.” Also, since “this smelter accounts for nearly 30 percent of the nation’s primary aluminum production,” Hawley said that the shutdown “directly threatens the national economic security of the United States,” in addition to having implications for national security.

“As you know, primary aluminum is used in various industrial goods, including aircraft, automobiles, solar panels, and many types of military equipment,” Hawley wrote. “The Department of Defense has deemed aluminum a strategic material of interest mainly because of the latter.”

Given the potential impact on the defense industrial base and national security, Hawley asked Biden “to take all appropriate actions, including invocation of the Defense Production Act of 1950, to prevent the shutdown of Magnitude 7 Metals.”

CUSTOMS CORNER

CBP Announces New Threshold for Deactivating Section 232 Exclusions

Alex Amdur, Director of CBP’s AD/CVD Policy and Programs Division at HQ, advised the AMSCI Customs Committee Annual Meeting in December, 2023 that CBP would soon be making some changes to deal with the issue of oversubscribed Section 232 exclusion claims. It did not take long; in a Cargo Systems Messaging Service Notice issued January 5, 2024, effective February 15, 2024, U. S. Customs and Border Protection (CBP) provided guidance on the new 95% threshold that will apply to specified Section 232 exclusions.

https://content.govdelivery.com/bulletins/gd/USDHSCBP-383642e? wgt_ref=USDHSCBP_WIDGET_2

Director Amdur had indicated that the changes were due in part to the Government Accountability Office (GAO) report issued in mid-2023 noting that excess use of Section 232 exclusions had resulted in over $29 million being due from importers. He further indicated that the changes were necessitated by the failure of importers to properly administer their exclusion grants.

The new policy will lead to the deactivation of certain exclusions when imports reach the 95% threshold, rather than the previous allowance of 100%. The covered exclusions are:

  • Exclusions for non-quota countries i.e. those subject to Section 232 duties;
  • Exclusions for European Union (EU) countries that are subject to Section 232 steel tariff rate quotas (TRQs); and
  • Exclusions valid for multiple countries subject to both Section 232 duties and any quotas.

Once an exclusion is deactivated in ACE, importers will still be able to file entries, but will not be able to use exclusion amounts in excess of 95% for such entries. If there is still room left in an exclusion, importers may file Post Summary Corrections (PSCs) to claim any remaining quota amounts, and receive refunds of any Section 232 duties paid.

Exclusions that are valid for multiple countries subject to both Section 232 duties and quotas will only allow importers to file a PSC for the Section 232 duty countries, or the EU steel tariff rate quotas, to claim any remaining exclusion amounts. All other exclusions will remain at the 100% threshold level, because for these other exclusions it is not possible to file a PSC in ACE to claim any remaining exclusion amounts.

Steven W. Baker
AMSCI Customs Committee Chair
swbaker@swbakerlaw.com