AMSCI Newsletter November 2023

November 2023 Market Update

The U.S. economy surprised many analysts during the third quarter, growing by 4.9 percent, according to the Bureau of Economic Analysis.

Quarterly growth had been slowing, but still positive, in the preceding 12 months, with gross domestic product (GDP) expanding by 2.7 percent, 2.6 percent, 2.2 percent and, most recently, 2.1 percent.

“The increase in real GDP reflected increases in consumer spending, private inventory investment, exports, state and local government spending, federal government spending, and residential fixed investment that were partly offset by a decrease in nonresidential fixed investment,” the bureau stated. “Imports, which are a subtraction in the calculation of GDP, increased.”

The Q3 growth, which was the highest in nearly two years, occurred during a time of both recession fears and high interest rates.

The Wall Street Journal cautioned in late-October that “there are warning signs underlying the eye-popping numbers,” noting that business investment has declined recently, as has Americans’ real income, possibly leading to reduced consumer spending, which accounts for more than two-thirds of the nation’s economic activity.

Consumer spending increased 4 percent during Q3, up from 0.8 percent during the previous three months.

“It would be very surprising if consumption growth remains this strong in the fourth quarter,” the deputy chief U.S. economist at Capital Economics told the Journal. “There’s room for higher rates and various other headwinds to start taking a bit more of a toll.”

Others, though, are more optimistic. Goldman Sachs, for example, headlined a Nov. 15 analysis, “The US economy is on its final descent to a soft landing.”

“It was fair to wonder last year whether labor market overheating and an at times unsettling high inflation mindset could be reversed painlessly,” Goldman Sachs Research’s chief US economist wrote in a recent report. “But these problems now look largely solved, the conditions for inflation to return to target are in place, and the heaviest blows from monetary and fiscal tightening are well behind us.”

A few days after the third quarter growth announcement, the Federal Reserve said on Nov. 1 that it would leave interest rates unchanged for the second meeting in a row. The target range for the Federal Funds Rate remained 5.25 to 5.5 percent.

“Recent indicators suggest that economic activity expanded at a strong pace in the third quarter,” the central bank stated. “Job gains have moderated since earlier in the year but remain strong, and the unemployment rate has remained low. Inflation remains elevated. The U.S. banking system is sound and resilient. Tighter financial and credit conditions for households and businesses are likely to weigh on economic activity, hiring, and inflation. The extent of these effects remains uncertain. The Committee remains highly attentive to inflation risks.”

While some analysts have speculated that the Fed will not raise rates again anytime soon, Federal Reserve Chairman Jerome Powell left open the possibility, saying in early November, “If it becomes appropriate to tighten policy further, we will not hesitate to do so” in order to reach the target inflation rate of 2 percent.

Powell went on to suggest that “It may be that the U.S. economy is structurally a little bit more resilient to interest rates” and that “Going forward, it may be that a greater share of the progress in reducing inflation will have to come from tight monetary policy restraining the growth of aggregate demand.”

Year-over-year inflation came in at 3.2 percent in October, down from 3.7 percent in each of the two previous months. It reached a recent high of 9.1 percent in June 2022 before decreasing for 12 straight months. Month-over-month inflation from September to October was zero.

The U.S. economy added 150,000 jobs in October, somewhat less than had been expected, and the unemployment rate is now at 3.9 percent, the Bureau of Labor Statistics reported. The bureau noted job gains in health care, government, and social assistance, while the United Auto Workers strike reduced the number of manufacturing positions held. June, July, August and October are the only months in the past two years in which fewer than 200,000 jobs were created.

Despite the increases in consumer spending and the growth in GDP, Americans are not overly positive about the economy. The Conference Board’s Consumer Confidence Index decreased for the third consecutive month in October as “fears of an impending recession remain elevated.”

“Write-in responses showed that consumers continued to be preoccupied with rising prices in general, and for grocery and gasoline prices in particular,” the board’s chief economist said. “Consumers also expressed concerns about the political situation and higher interest rates. Worries around war/conflicts also rose, amid the recent turmoil in the Middle East.”

The Index of Consumer Sentiment from the University of Michigan Surveys of Consumers, meanwhile, dipped for the fourth straight month in November.

Confidence in the manufacturing sector is also down, with the Institute for Supply Management’s Purchasing Managers Index in October falling almost 5 percent from September. The index is below the thresholds indicating growth in the sector and expansion in the overall economy.

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

Housing starts in September increased nearly 2 percent from the prior month but were 4 percent lower than a year earlier, according to the Census Department and the Department of Housing and Urban Development. Existing home sales fell 2 percent from August to September and dropped 15.4 percent year-over-year, the National Association of Realtors reported.

“As has been the case throughout this year, limited inventory and low housing affordability continue to hamper home sales,” the association’s chief economist said. “The Federal Reserve simply cannot keep raising interest rates in light of softening inflation and weakening job gains.”

The Dow Jones Industrial Average on Nov. 17 closed at 34,947.28 following a 7.8 percent rally during the preceding three weeks. The Dow has gained 5.4 percent in 2023. The S&P 500 Index ended Nov. 17 at 4,514.02 after gaining 9.6 percent over three weeks. The index has recorded year-to-date gains of 17.6 percent.

The dollar on Nov. 17 was trading at 0.92 euros, 0.8 pounds, 149.82 yen and 7.21 yuan.

Following the Great Recession, the phrase “jobless recovery” was often used to describe the country’s return to economic growth with a less than striking impact on the labor market. Now the United States seems to be experiencing something close to the opposite – a job-filled slowdown in inflation with steady growth. But, as always, the economy comes with a disclaimer: For now.

Steel Shorts November 2023

Supreme Court Declines to Hear Another Challenge to Section 232 Tariffs

The U.S. Supreme Court once again declined to hear a challenge to the Section 232 steel and aluminum tariffs implemented by the Trump administration in 2018.

PrimeSource Building Products argued that the Executive Branch does not have the power to impose tariffs on steel derivatives. The U.S. Court of International Trade struck down the tariffs in 2021, but the U.S. Court of Appeals for the Federal Circuit reversed that decision in February of this year. The Biden administration has actively defended the tariffs.

The 25 percent levies on steel imports (and 10 percent on aluminum imports) under Section 232 of the Trade Expansion Act of 1962 were implemented, the Trump administration said at the time, to protect national security. Critics have frequently noted, though, that the bulk of steel imports comes from friendly nations.

In June 2020, the Supreme Court refused to hear a challenge to the tariffs brought by AMSCI, which was then known as AIIS. The group argued that the imposition of the tariffs was an unconstitutional violation of the separation of powers. The justices however, declined without comment to hear the case.

U.S., E.U. Push Back Deadline on Sustainable Steel and Aluminum Pact

The United States and the European Union extended the deadline to reach an agreement on a green steel and aluminum pact, according to an analysis published by the Council on Foreign Relations.

The allies have been trying for two years to develop 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 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.”

A deadline of Oct. 31 had been set to make significant progress toward the Global Arrangement on Sustainable Steel and Aluminum. Tariffs on E.U. metals imposed by the Trump administration – and retaliatory measures implemented by Europe – that had been lifted while the two sides talked were set to go back into effect in the absence of an agreement. Negotiators have remained far apart on details, though, and, as a result, they pushed the deadline back to Jan. 1, 2024.

In a related move, it was reported in October that the E.U. will conduct anti-subsidy investigations related to certain steelmakers, particularly those in China. Chinese officials criticized the planned inquiries, with a spokesperson for the nation’s Commerce Ministry saying, “The E.U.’s practices push up downstream production costs, affecting the interests of consumers, and are not conducive to the stability of global industrial and supply chains.”

Steel, Aluminum Tariffs to Cost U.S. Nearly 200,000 Jobs: Tax Foundation

The Section 232 tariffs on steel and aluminum that were imposed by the Trump administration – and continue to be defended by the Biden White House – will result in a loss of 195,000 jobs, according to the Tax Foundation.

The foundation website hosts a periodically updated dashboard with statistical projections related to the tariffs. It estimates a long-run loss of 166,000 jobs as a direct result of the tariffs and an additional 29,000 jobs because of retaliatory tariffs.

The group also projects a total long-run reduction in gross domestic product (GDP) of a quarter of a percentage point and a combined long-run loss in wages of 0.16 percent.

“Historical evidence shows tariffs raise prices and reduce available quantities of goods and services for U.S. businesses and consumers, which results in lower income, reduced employment, and lower economic output,” the foundation stated.

UAW Strike Hit Steel Prices

The six-week United Auto Workers strike against the Big Three auto manufacturers reportedly had a noticeable effect on steel prices.

The Wall Street Journal noted that the impact began even before UAW workers walked off the job in September, with steel purchases related to automobile production slowing during the summer.

On Oct. 2, roughly one-third of the way through the strike, the Journal reported that “The spot-market price for benchmark coiled sheet steel has fallen 40% since April.”

“The air just got sucked out of the steel market,” the chief executive of a Chicago-based steel distributor told the publication. “There’s fear in the market and nobody wants to buy anything.”

The strike ended on Oct. 30.

AMSCI 72nd Annual Dinner Logistics Update & AMSCI Trade Committee Information

Dear AMSCI members and guests,

With our annual New York City reception, dinner, and related meetings at
the Yale Club about one week away, I am writing to provide you with
specific details regarding our events.

Wednesday, December 6, 2023

2.00 PM- 4.00 PM Board meeting in the Saybrook Room of the Yale Club.
The Saybrook Room is located on the 18th floor.

5.00-6.15 PM Reception in the Roof Dining Room on the 22nd floor.

6.15 PM We will ask guests to leave the reception and make their way
to the Grand Ballroom on the 20th floor for dinner.

6.30 PM Guests should be seated.

6.35-6.45 PM Welcome and announcements by Chairman Jose Gasca.

6.45 PM Yale Club staff will start serving the dinner main course.

9.30 PM Dinner ends.

Thursday, December 7, 2023

9.00 AM-9.30 AM Customs Committee pre-meeting breakfast in the
Trumbull Room (18th floor).

A Yale Club “classic” breakfast buffet will be provided, which will
include fresh-baked Danish, bagels, cream cheese, scrambled eggs with
home- fried potatoes, bacon, fruit, juices, and fresh-brewed coffee.

9.30 AM-12.00 PM Customs Committee Meeting

Also on Thursday, December 7, 2023

8.30 AM- 10.30AM New AMSCI Trade Committee Meeting in the Roof Dining
Room (22nd floor).

NEW! AMSCI YALE CLUB DINNER EVENT!

What: AMSCI Trade Committee

When: 8.30 AM – 10.30 AM, Thursday, December 7, 2023

Where: Yale Club Roof Dining Room (22nd floor)

Register for our traditional annual Yale Club of NYC cocktail reception
and dinner and join us the following morning for the inaugural meeting
of the AMSCI Trade Committee.

Agenda:
  • Guest speaker Gary Horlick, Esq., noted Washington, DC trade lawyer
    and Visiting Lecturer at Yale Law School. Hear one of the country’s
    top trade lawyers discuss recent developments in U.S. trade policy and
    what the future may hold for trade.
  • Discussion of global and regional trading events affecting the steel and metals industries.
  • Q&A

CUSTOMS CORNER

Forced Labor Issues Have Become a Major CBP Enforcement Priority*

U. S. Customs laws have prohibited the importation of goods produced by various categories of forced labor since at least 1890. Enforcement of these laws was limited, however, until Congress removed the so-called “consumptive demand” clause in 2015 and enacted the Uyghur Forced Labor Prevention Act (UFLPA) which became effective on June 21, 2022. U. S. Customs and Border Protection (CBP) has responded to Congressional support by creating a Forced Labor Division, assigning significant personnel, developing comprehensive programs for monitoring forced labor, engaging outside providers to supply expertise, adding forced labor requirements to the Minimum Security Criteria for CTPAT, and developing webpages and Dashboards devoted to forced labor.

19 USC 1307 (part of the Tariff Act of 1930) is currently the primary statute covering forced labor. Until its removal in 2015 the “consumptive demand” clause exempted imports from forced labor enforcement when no comparable products (or an amount insufficient for demand) were produced in the United States. Although enforcement increased after removal of the clause, with 32 Withhold Release Orders and 2 findings issued between 2016 and 2021 (after a 15 year gap with no activity,) CBP has cited staff shortages as causing the agency to drop investigations and limiting its ability to monitor existing cases.

UFLPA applies only to products mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities. However, for those products it creates a rebuttable presumption that they are in violation of 19 USC 1307, and prohibits their importation unless the importer is able by sufficient evidence to rebut the presumption. The presumption applies to any products, wherever produced, that incorporate any inputs (raw materials, components, etc.) that would be covered directly by UFLPA.

The most recent statistics on UFLPA enforcement (through September 12, 2023) indicate that in the short time the Act has been in force there have been 5,345 shipments detained, with 2,325 denied entry, 2,033 released, and the remainder still under investigation. The primary countries of shipment have been Malaysia and Vietnam, with China third, demonstrating that Uyghur inputs have been involved in products made outside China. So far the primary products have been electronics (particularly silicon inputs); industrial and manufacturing materials; apparel, footwear and textiles (cotton); and agriculture (tomatoes). Base metals have had only 205 detentions with 29 denials and 123 releases. The majority of Base Metals Center (BMC) UFLPA reviews thus far have involved aluminum articles.

Where Uyghur inputs may be used in an imported product, CBP has required a massive amount of information, tracing all possible inputs through their production process to the manufacture of the finished product as imported. DNA testing (cotton, tomatoes) and traceability audits (polysilicon, aluminum) may require extensive expertise and access to information. If an input could have been sourced in the Uyghur region the burden is on the importer to affirmatively show that it was not.

The BMC believes the Importer Guidance on the cbp.gov UFLPA page (see link below) provides a good description of what is required from impacted importers. The BMC also adds that it has found it a “best practice” for importers to include an executive summary document that assists CBP in reviewing the importer’s documents tracing and documenting the source of materials and location of production. It provides a “road map” of how the documents fit together.

With the interest expressed by Congress, and the creation of a new Division and assignment of significant resources to forced labor issues, it is expected that more and more products will be examined as CBP gains expertise in materials and inputs that could be secured from the Uyghur region. Many importers of affected products have already been faced with extensive information requirements and detentions and denials of entry. This promises to be an ongoing area of concern for the import community.

For a history of forced labor enforcement and current activities see the Congressional Research Service report on Section 1307: https://crsreports.congress.gov/product/pdf/IF/IF11360.

The CTPAT Minimum Security Criteria for forced Labor are set forth at:
https://www.cbp.gov/sites/default/files/assets/documents/2023-Feb/CTPAT%20U.S.%20Importers%20MSC%20October%202021%20%28508%29_0.pdf.

For information on UFLPA see:

https://www.cbp.gov/trade/forced-labor/UFLPA.

For CBP Operational Guidance on UFLPA, including the Type and Nature of Information that may be Required, see:
https://www.cbp.gov/sites/default/files/assets/documents/2022-Jun/CBP_Guidance_for_Importers_for_UFLPA_13_June_2022.pdf.

The UFLPA Dashboard is located at:

https://www.cbp.gov/newsroom/stats/trade/uyghur-forced-labor-prevention-act-statistics.

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

CUSTOMS COMMITTEE 2023 ANNUAL MEETING

December 7, 2023 9:30 am EST

Saybrook Room, Yale Club,

50 Vanderbilt Avenue, New York, NY 10017

and online on

Microsoft Teams

AMSCI returns to NYC this year for the Annual Dinner. The Customs
Committee meeting will take place the following morning. The meeting
will be hybrid, in person in the Saybrook Room of the NYC Yale Club, and
virtually on Microsoft Teams. All AMSCI members are welcome to attend,
whether in person or on Microsoft Teams.

Meeting open to all AMSCI members. Registration required – contact
swbaker@swbakerlaw.com for access information for Microsoft Teams.