AMSCI Newsletter January 2024

January 2024 Market Update

It appears likely that the Federal Reserve not only is done raising interest rates, but it may start to cut them soon.

The federal funds rate was effectively zero for two years following the start of the Covid-19 pandemic, but in March 2022, the Fed began aggressively raising rates to try to control inflation, bringing them to the current range of 5.25 to 5.5 percent. The central bank has declined to increase rates further during its past three meetings, and it recently gave indications that it is preparing to reverse course.

The minutes of the Fed’s Dec. 12-13 meeting recorded that “participants viewed the policy rate as likely at or near its peak for this tightening cycle, though they noted that the actual policy path will depend on how the economy evolves.”

“Participants pointed to the decline in inflation seen during 2023, noting the recent shift down in six-month inflation readings in particular, and to growing signs of demand and supply coming into better balance in product and labor markets as informing that view,” the minutes stated. “Several participants remarked that the Committee’s past policy actions were having their intended effect of helping to slow the growth of aggregate demand and cool labor market conditions. … In their submitted projections, almost all participants indicated that, reflecting the improvements in their inflation outlooks, their baseline projections implied that a lower target range for the federal funds rate would be appropriate by the end of 2024.”

Although the next several sentences in the minutes hedged on that forecast – “Participants also noted, however, that their outlooks were associated with an unusually elevated degree of uncertainty and that it was possible that the economy could evolve in a manner that would make further increases in the target range appropriate” – the Federal Reserve’s economic projections predict a 0.75 percentage point reduction over the course of this year. Private sector analysts, meanwhile, are tending to predict double that amount of rate reduction.

Fed Chairman Jerome Powell said after the December meeting that, “We’re aware of the risk that we would hang on [to high rates] too long. We know that that’s a risk, and we’re very focused on not making that mistake.”

Powell also noted that rates could be cut before inflation is brought all the way back down to the central bank’s target of 2 percent.

“The reason you wouldn’t wait to get to 2 percent to cut rates is that policy would be too late,” he said. “You’d want to be reducing restriction on the economy well before 2 percent … so you don’t overshoot. If we think of restrictive policy as weighing on economic activity, it takes a while for policy to get into the economy, affect economic activity and affect inflation.”

Year-over-year inflation has been between 3 and 3.7 percent since June. In June 2022, it was at 9.1 percent. Even with higher interest rates in place to cool the economy, the labor market has continued to be strong, adding a higher-than-expected 216,000 jobs in December as “employment continued to trend up in government, health care, social assistance, and construction,” according to the Bureau of Labor Statistics. The unemployment rate is now 3.7 percent. It has been below 4 percent since January 2022, a streak unmatched in more than half a century.

While consumer confidence has been lagging recently, it surged in December with The Conference Board’s Consumer Confidence Index increasing nearly 10 percent from the previous month.

“December’s increase in consumer confidence reflected more positive ratings of current business conditions and job availability, as well as less pessimistic views of business, labor market and personal income prospects over the next six months,” the board’s chief economist said, noting that “December’s write-in responses revealed the top issue affecting consumers remains rising prices in general, while politics, interest rates and global conflicts all saw downticks as top concerns.”

Similarly, the University of Michigan Surveys of Consumers Index of Consumer Sentiment improved by nearly 14 percent from November to December, gains that the surveys’ director attributed to “substantial improvements in how consumers view the trajectory of inflation.”

Confidence in the manufacturing sector, however, remains weak. The Institute for Supply Management’s Purchasing Managers Index increased slightly from November to December, but the index remains so low as to indicate contraction in the sector and looming recession in the overall economy.

“Demand remains soft, and production execution is stable compared to November, as panelists’ companies continue to manage outputs, material inputs and labor costs,” the chair of the institute’s Manufacturing Business Survey Committee said. “Suppliers continue to have capacity. Eighty-four percent of manufacturing gross domestic product contracted in December, up from 65 percent in November.”

Housing starts increased nearly 15 percent from October to November and were more than 9 percent higher than the November 2022 total, according to the Census Bureau and the Department of Housing and Urban Development. Existing home sales in November inched up by less than a percentage point after five months of declines, the National Association of Realtors reported.

“The latest weakness in existing home sales still reflects the buyer bidding process in most of October when mortgage rates were at a two-decade high before the actual closings in November,” the association’s chief economist said. “A marked turn can be expected as mortgage rates have plunged in recent weeks.”

The Dow Jones Industrial Average closed on Jan. 10 at 37,695.73, nearly unchanged from where it ended 2023 but up more than 16 percent from late October. The S&P 500 Index has followed a similar trajectory and ended Jan. 10 at 4,783.45. The dollar on Jan. 10 was trading at 0.91 euros, 0.78 pounds, 145.53 yen and 7.16 yuan. On Jan. 15, the presidential campaign season officially begins with the Iowa caucuses. Republicans almost certainly will spend much of the year attributing higher prices and worker and consumer dissatisfaction to Bidenomics, while the president likely points to the country’s job growth and slowdown in inflation. And a government entity that tries to stay out of politics – the Federal Reserve – will make choices that will have a significant impact on the outcome of this political battle. Americans, as they say, vote with their pocketbooks, and, notwithstanding countless predictions, the result of what is expected to be another close election may come down to what the economic data say in eight or nine months.

AMSCI New Members

PGT Trucking, Inc.

4200 Industrial Boulevard
Aliquippa, PA 15001

Phone: 724.728.3500
Fax: 724.987.1610
Email: pgtcorporate@pgttrucking.com

Bill Hershey
Vice President, Managed Projects
Phone: 724.987.1715
Email: bhershey@pgttrucking.com

Beemac Logistics

999 Third St
Beaver PA 15009

Phone: 724-359-0073
Jacklyn Marino
Executive Assistant
Beemac Logistics / Hybrid Global Logistics
Services Cell: 412-897-5085
Email: jmarino@beemac.com

The Law Office of Lewis E. Leibowitz

5335 Wisconsin Avenue, N.W., Suite 440
Washington, D.C. 20015

Phone: (202) 617-2675
Mobile: (202) 250-1551
E-mail: lewis.leibowitz@lellawoffice.com

Steel Shorts January 2024

U.S. Steel Announces Sale to Nippon Steel

U.S. Steel in December announced plans to be bought by Nippon Steel of Japan for nearly $15 billion.

The deal is subject to federal government review and was met with opposition among some lawmakers in both parties, with critics citing the potential impact on American jobs and U.S. national security.

The Committee on Foreign Investment in the United States (CFIUS) is expected to review the deal and there is speculation that this could take up to a year or more. Findings by the agency would be reviewed by the White House to determine whether to allow or block the sale. The process is likely to be complicated by 2024 being a presidential election year, especially since several swing states are also significant steel producers.

“The purchase of this iconic American-owned company by a foreign entity – even one from a close ally – appears to deserve serious scrutiny in terms of its potential impact on national security and supply chain reliability,” National Economic Advisor Lael Brainard said. “This administration will be ready to look carefully at the findings of any such investigation and to act, if appropriate.”

Tariff Suspension for EU Extended as Trade Framework Talks Continue

With negotiations on a broader trade agreement proceeding more slowly than expected, the Biden administration in December extended for two years the suspension of steel and aluminum tariffs on the European Union.

The two sides have been trying for two years to develop an international trade framework – the Global Arrangement on Sustainable Steel and Aluminum – in which new tariffs would be imposed on imports of metals whose production does not meet carbon emissions standards. The proposal appears to have been drafted with China in mind, since it would only allow countries to join who “commit to not overproduce steel and aluminum.”

With the original and extended deadline for the pact having passed, the reimposition of suspended Section 232 tariffs on EU countries – which had been replaced by tariff-rate quotas (TRQs) – became a possibility, but President Biden on Dec. 28 issued proclamations (here and here), “in light of the ongoing discussions,” to keep the suspension in place through the end of 2025.

“By extending the EU’s steel and aluminum TRQs for an additional two years, we can continue negotiations on a forward-looking, high-standard arrangement, while providing predictability and stability to steel and aluminum workers and their families on both sides of the Atlantic,” U.S. Trade Representative Katherine Tai said.

The White House announcement came a week after the EU said it would extend by 15 months the tariffs that had been implemented in retaliation for the Section 232 levies.

Bipartisan Group of Senators Urges Action Against Mexican Steel ‘Surge’

A bipartisan group of 14 senators are urging the Biden administration “to take immediate action to safeguard U.S. jobs and domestic steel manufacturing” by stopping a “continued surge” in steel imports from Mexico.

In a Dec. 13 letter to National Security Advisor Jake Sullivan, the senators state that the increase in imports violates the terms of the 2019 pact that lifted Section 232 tariffs on Mexico and has resulted in a domestic plant closure and the loss of more than 1,000 jobs.

“We are deeply concerned by Mexico’s continued failure to comply with the 2019 Joint Agreement, along with ongoing attempts by Mexican steel companies to further increase their market share in the United States,” they wrote.

Nearly the same group of senators expressed similar concerns in a Feb. 14 letter to Commerce Secretary Gina Raimondo and U.S. Trade Representative Katherine Tai.

North American Aluminum Associations Urge Action Regarding Imports

Aluminum associations from the United States, Canada and Mexico have called for stricter trade enforcement and increased import monitoring.

In a Nov. 14 letter to trade officials in the three countries, the leaders of The Aluminum Association, Aluminium Association of Canada, and Instituto Mexicano del Aluminio expressed their “continued commitment to the USMCA [U.S.-Mexico-Canada Agreement] framework of tariff-free aluminum trade across the region” while urging action “to combat the unfair and illegal trade of aluminum which has challenged the global industry in recent years.”

The associations urged the Mexican government to implement an aluminum monitoring program consistent with the pledges made in the 2019 agreement to lift Section 232 tariffs – the United States and Canada have already put monitoring programs in place – and to more aggressively enforce trade laws, particularly against imports from China.

“Both the United States and Mexico were the victims of a significant aluminum transshipment scheme in the mid-2010s in which massive volumes of Chinese aluminum billet was disguised as a different product to avoid hundreds of millions in tariffs,” they wrote. “Both the United States and Mexico have pursued successful antidumping and countervailing duty (AD/CVD) cases against unfairly traded Chinese aluminum over the past several years. Continued vigilance and enforcement of global trade laws in the sector is needed.”

CUSTOMS CORNER

Five Government Agencies Issue "Quint-Seal" Compliance Note on Export Security

The Department of Commerce, Department of the Treasury, Department of State, Department of Justice, and the Department of Homeland Security issued a joint Compliance Note on December 11, 2023 addressing efforts to “evade U.S. sanctions and export control laws.” While focusing on shipping, freight forwarding, and brokerage activities, particularly maritime, the Note also emphasizes the need for exporters and traders to be responsible for assessing risk and implementing rigorous compliance programs.

The Note acknowledges the primary concerns of dealing with – and disguising – sanctioned countries including Russia, Iran, Cuba, and North Korea, but also discusses the use of transshipments and other arrangements, often involving China, to obfuscate the true nature of transactions. It provides a reminder that “adherence to appropriate compliance policies and procedures will reduce the risk of sanctions and export controls violations and evasion.”

The bulk of the Note provides guidance on potential indictors of efforts to evade sanctions and export controls. It includes a discussion of the various entities’ enforcement capabilities and the level of liability – in some cases strict liability with no requirement for knowing action – and penalties available. It stresses the need for all participants in the supply chain to “know your customer” and “know your cargo.”

https://ofac.treasury.gov/media/932391/download?inline.

With a few exceptions, all export shipments from the US valued at $2,500 or more require filing an EEI – Electronic Export Information – through the Automated Export System (AES), operated by U. S. Customs and Border Protection (CBP) (a part of the Department of Homeland Security) in cooperation with multiple other agencies requiring or utilizing export information. The EEI requires that similar information to import shipments – description, classification, quantity, value, origin, export license information – be provided by the Principal Party in Interest (PPI). The PPI is the person – usually in the U.S. – who receives the primary benefit—monetary or otherwise—of an export transaction.

https://www.cbp.gov/sites/default/files/assets/documents/2016- Mar/AES%20Key%20Words%20Document.pdf.

AES enforcement is conducted by both CBP and the Commerce Department’s Bureau of Industry and Security (BIS), as well as other agencies with export compliance responsibilities. Information gathered through AES may be a part of the enforcement and compliance activities performed by all of the agencies discussed.

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

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