AMSCI NEWSLETTER March 2023

March 2023 Market Update

As if the economy were not already difficult enough to read, now there are bank runs.

The collapse of Silicon Valley Bank, a preferred spot for many startup tech firms, and solvency problems at other institutions, including Signature Bank, First Republic and, in Europe, Credit Suisse, have added to global uncertainty and instability at a time when recession fears were beginning to abate.

In that context – and amid ongoing concerns about inflation, the debt ceiling, the war in Ukraine, and, as always, China – the Federal Reserve met on March 21- 22 for what a New York Times article described as “the most uncertain central bank gathering in years.” After raising interest rates by 4.5 points in the past year, economists debated whether the central bank would continue to increase rates, stand pat for a month, or possibly do something that, just a few weeks ago, was nearly unthinkable – cut rates to boost the economy.

In the end, the Fed met the most common expectations by raising rates by 0.25 points, bringing the target range for the Federal Funds Rate to 4.75-5 percent. At the same time, though, it released projections implying that the increases are likely to stop after one more quarter-point hike. In addition, it dropped from its announcement a statement that it “anticipates that ongoing increases in the target range will be appropriate” – language that had been commonly used following recent increases – choosing instead to say that it “anticipates that some additional policy firming may be appropriate.”

While stating that “The U.S. banking system is sound and resilient,” the Federal Reserve hinted in the announcement that the – to this point, at least – isolated bank failures might accomplish what the Fed has been trying to do with interest rate manipulation: rein in rapid price increases.

“Recent developments are likely to result in tighter credit conditions for households and businesses and to weigh on economic activity, hiring, and inflation,” the central bank stated.

While inflation has eased since last summer, year-over-year prices were still up by 6 percent in February, down from 6.4 percent in January, according to the Labor Department’s Consumer Price Index. However, core inflation, which excludes food and energy prices, rose at the fastest monthly rate (0.5 percent) since September.

“The recent data indicate that we haven’t made as much progress as we thought,” Christopher Waller, a member of the Federal Reserve Board of Governors, said.

An additional complicating factor for the Fed is that, as many analysts have been pointing out, interest rate hikes are connected to bank failures. As a West Virginia University finance professor explained in Fortune, Silicon Valley Bank – like many other financial institutions – held large amounts of long-term government securities, which exposed it to “interest rate risk.”

“SVB was forced to sell $21 billion worth of securities that lost value because of the Fed’s rate hikes at a loss of $1.8 billion, sparking its crisis,” the professor wrote. “When SVB’s depositors got the wind of it and tried to withdraw $42 billion on March 9 alone – a classic bank run – it was over. The bank simply couldn’t meet the demands. But the entire banking sector is sitting on hundreds of billions of dollars’ worth of unrealized losses – $620 billion as of Dec. 31, 2022. And if rates continue to go up, the value of these bonds will keep going down, which fundamentally weakens banks’ financial situation.”

Not surprisingly, it appears that the past year’s rate increases are also being felt in the housing market. The median price for existing homes in February decreased on a year-over-year basis for the first time in nearly 12 years. The National Association of Realtors reported that prices declined by 0.2 percent from February 2022 to $363,000. Existing home sales, meanwhile, increased on a month-over-month basis for the first time in a year, jumping 14.5 percent, the largest monthly growth since July 2020.

“We’re seeing stronger sales gains in areas where home prices are decreasing and the local economies are adding jobs,” the association’s chief economist said.

Housing starts in February increased nearly 10 percent from January but were 18.4 percent lower than a year earlier, according to the Census Bureau and the Department of Housing and Urban Development.

Notwithstanding all of the economic challenges and confusing signals, the one constant since the recovery from Covid lockdowns began in mid-2020 has been significant job growth. In February, the economy added 311,000 jobs, according to the Bureau of Labor Statistics. The unemployment rate is now at 3.6 percent.

“Notable job gains occurred in leisure and hospitality, retail trade, government, and health care,” the bureau reported. “Employment declined in information and in transportation and warehousing.”

Despite the continuing strength in the labor market, consumer confidence dipped in February for the second straight month, The Conference Board reported.

“Expectations for where jobs, incomes, and business conditions are headed over the next six months all fell sharply in February,” the board’s senior director for economics said. “And, while 12-month inflation expectations improved – falling to 6.3 percent from 6.7 percent last month – consumers may be showing early signs of pulling back spending in the face of high prices and rising interest rates.”

Another confidence measure, the Index of Consumer Sentiment from the University of Michigan, declined from February to March, the first decrease in four months.

Confidence is not much better in the business community. While the Institute for Supply Management’s Purchasing Managers Index rose for the first time since August, the increase was slight and the overall reading remained below the

threshold indicating economic growth.

“With Business Survey Committee panelists reporting softening new order rates over the previous nine months, the February composite index reading reflects companies continuing to slow outputs to better match demand for the first half of 2023 and prepare for growth in the second half of the year,” the chair of the institute’s Manufacturing Business Survey Committee said.

The Dow Jones Industrial Average closed at 32,030.11 on March 22, down 3.4 percent on the year. The S&P 500 Index ended March 22 at 3,936.97, recording a year-to-date gain of 2.5 percent.

The dollar on that day was trading at 0.92 euros, 0.81 pounds, 130.54 yen and 6.84 yuan.

In late-April, the Bureau of Economic Analysis will announce its estimate of economic growth during the first quarter. Predictions tend to be in the neighborhood of 1 percent (on an annualized basis), which might just be the economic sweet spot. Much lower and the economy could be sinking into a recession; much higher and there is a good chance that the Federal Reserve will return to a more aggressive interest rate hike schedule.

The American Metals Supply Chain Institute 72nd Annual Gala Dinner is on Wednesday, December 6 at The Yale Club of New York City!

March 2023 Steel Shorts

Section 232 Tariffs Raised Prices, Reduced Downstream Production: ITC

Prices of goods affected by tariffs on imports of steel, aluminum and other items increased in direct proportion with the amount of levies, according to a report from the International Trade Commission.

From 2018 to 2021, Section 232 tariffs increased the price of steel products by 2.4 percent and raised the price of aluminum products by 1.6 percent, according to the report, which also examined the impact of Section 301 tariffs.

“U.S. importers bore nearly the full cost of these tariffs because import prices increased at the same rate as the tariffs,” a summary of the report stated. “The USITC estimated that prices increased by about 1 percent for each 1 percent increase in the tariffs under sections 232 and 301.

The report also found that “U.S. production in downstream industries was $3.5 billion less in 2021 due to Section 232 tariffs.”

Production of the report was required by Congress in a 2022 law.

13 Senators Seek Action on Steel Imports from Mexico

A bipartisan group of 13 senators has urged the Biden administration “to take action to stem the unsustainable surge of Mexican steel imports.”

The United States and Mexico reached an agreement in 2019 that lifted the 25 percent Section 232 tariffs on steel imports that had been imposed the previous year, while implementing measures to prevent the importation of steel – as well as aluminum, which was included in the Section 232 tariffs – “that is unfairly subsidized and/or sold at dumped prices.”

The pact allows for the tariffs to be reimposed should imports “surge meaningfully,” and, in a Feb. 14 letter to Commerce Secretary Gina Raimondo and U.S. Trade Representative Katherine Tai, seven Republican and six Democratic senators argued that this has happened.

“The volume of annual iron and steel imports from Mexico has increased approximately 73 percent over the pre-Section 232 2015-2017 baseline, semi- finished steel and long product imports are up 120 percent, and steel conduit imports have risen by an even more disturbing 577 percent,” the lawmakers wrote. They went on to state that the increase in imports has “contributed to the loss of over 200 steel jobs in California and led to the closing of one of less than a dozen American factories that produce steel conduit.”

The senators asked the administration to consult with Mexican officials to reduce steel imports, possibly by imposing quotas.

“However, if the Mexican government refuses to remedy this breach, we regretfully urge the administration to consider other mechanisms to ensure compliance and protect American jobs, including the reapplication of Section 232 tariffs,” they wrote.

200% Tariffs Imposed on Aluminum Imports from Russia

The Biden administration on Feb. 24 imposed tariffs of 200 percent on aluminum imports from Russia.

The Section 232 levies are among the latest economic penalties imposed by the United States and other Western countries on Russia for its ongoing invasion of Ukraine, and President Joe Biden issued the tariff proclamation on Feb. 24, exactly one year after Russia launched its attack.

“Russia continues its unjustified, unprovoked, unyielding, and unconscionable war against Ukraine,” the proclamation stated. “The Russian aluminum industry is a key part of Russia’s defense industrial base and has played a major role in supplying Russia with weapons and ammunition used in the war. In addition, Russia’s war against Ukraine has caused global energy prices to rise, causing direct harm to the United States aluminum industry.”

The proclamation noted that Russia is the fifth-largest source of imported aluminum in the United States.

Union Again Warns U.K. Government About State of Steel Industry

A union in the United Kingdom has renewed its warning that the U.K. steel industry “is shrinking, becoming less competitive and losing skilled jobs.”

The Guardian reported that Unite wrote to Prime Minister Rishi Sunak to say that the union was “disappointed” by the government not addressing the “serious threats facing the [steel] sector” in its recently released budget.

The newspaper quoted Unite General Secretary Sharon Graham as saying, “It is your government’s official policy to grow foundation industries like steel, make them more internationally competitive and secure more jobs in them throughout the UK, but there is no sign that this is actually happening.”

In January, BBC reported that Unite Assistant General Secretary Steve Turner wrote in a letter to U.K. Business Secretary Grant Shapps that, “With little meaningful action on the part of government in areas of U.K. procurement policy, energy pricing support, green energy generation or support for investment in new plant and technologies, the [steel] industry is at a breaking point.”

CUSTOMS CORNER

New Customs Broker Regulations Include Obligation to Report to CBP Certain Client Activities Seeking to Defraud or Commit a Criminal Act Against the US Government

There are certain instances when the Department of Commerce issues an AD or CVD Order which covers only a portion of an imported product. This may require that a value different from the regular appraised value should be used to calculate the AD/CVD duty on an entry line covered by an AD or CVD Order. Examples include articles such as glass refrigerator shelf subassemblies that contain aluminum extrusion components, attached by welding to the subassemblies, where only the aluminum extrusion components are subject to AD/CVD; and wooden cabinets or bathroom vanities, imported attached to, or in conjunction with, faucets, metal plumbing, sinks and/or sink bowls, or countertops, where only the wooden cabinet or vanity is covered by the scope. In these situations the imported articles are integrated entities reportable as a single product for classification purposes.

These instances are distinguished from those where a shipment contains multiple goods that are covered by a single HTSUS number, but only a portion of those goods are subject to AD/CVD. For example, a shipment of Italian pasta consisting of separate boxes of organic and non-organic pasta, where only the non-organic pasta is subject to AD/CVD, would be separately quantified and entered on two separate tariff lines, with a separate value for each. Similarly, the Order on malleable cast iron pipe fittings from China excludes certain metal compression fittings which are classified in the same 10 digit heading as other fittings subject to the Order; if imported on the same shipment as other fittings covered by the Order the compression fittings should be entered on a separate entry line.

When an integrated line item is only partially subject to AD/CVD duties, the merchandise is reported as an entirety on an entry line, with the full value of the merchandise. The quantity and value of the portion subject to AD/CVD is reported using the special value fields in the AD/CVD 53-record, positions 25- 34 (value) and 35-46 (quantity). This portion will be used to calculate the AD/CVD duty amount.

Valuing the portion subject to AD/CVD is to be accomplished by a reasonable method given the specific facts of the merchandise at issue. While no formal guidance exists, this may be considered similar to determining the separate value required for privileged foreign merchandise entered into an FTZ, for which some useful rulings and resources may exist. Importers also have the option of requesting a ruling from CBP on how to value the portion subject to AD/CVD.

Separate value reporting for AD/CVD may also be necessary for certain sets where only one or more component of the set is covered by an Order. For example, certain steel nails included in a tool or fastener set are excluded from the Order if less than 25 units are included, but are subject to the Order for quantities of nails (of all covered types) of 25 or greater. Another example is a set consisting of wooden and glass votive holders packaged together with tea- light candles. Only the value of the nails or the candles would be subject to AD/CVD duties. The portion of the value subject to AD/CVD would be reported using the reporting requirements in the “CBP Form 7501 Instructions” for paper entries, or the ACE ABI CATAIR for “Entry Summary Create/Update”. The set itself would be classified using General Rule of Interpretation (GRI) 3(b) or 3(c).

This information was provided in part by Alex Amdur, Director, AD/CVD Policy and Programs Division, Office of Trade at CBP to the Customs Committee of the Customs and International Trade Bar Association in January 2023. Further information is available in CSMS Message CSMS# 18-000379 – Clarification– Correct Use of the AD/CVD Special Value Fields, Multiple Entry Line and Set at https://content.govdelivery.com/accounts/USDHSCBP/bulletins/1f5274c and in the FAQs at https://www.cbp.gov/trade/priority-issues/adcvd/antidumping-and- countervailing-duties-adcvd-frequently-asked-questions under “Where can I find information on the special value field for AD/CVD entries?”

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