AMSCI Newsletter November-December 2024
Market Update
The election of Donald Trump to another term as president has raised multiple questions about the impact his administration will have on the economy, given his campaign promises regarding issues such as the size of the regulatory state, the role of migrant workers, and what could be the most protectionist trade policy in nearly a century.
Trump and fellow Republicans – who will control both the House and Senate in the next Congress – are generally regarded as more pro-business than the Biden administration and Democrats, in general, in part because of their aversion to a heavy regulatory hand. However, plans for mass deportation and a tightening of border security could have a negative effect on certain businesses. Studies estimate that undocumented immigrants account for about 5 percent of all workers in the United States and are especially prevalent in such sectors as agriculture, construction and hospitality.
While Trump and others in the GOP argue that people who are in the United States illegally are taking jobs from American citizens and legal residents and driving up government spending, critics of mass deportation argue that the workers have a positive impact overall on the economy.
“There are millions, many millions, who are undocumented who are in the trades; we don’t have the Americans to do the work,” the CEO of a construction consulting firm told CNBC. “We need these workers. What we all want is for them to be documented. We want to know who they are, where they are, and make sure they are paying taxes. We don’t want them gone.”
On trade, meanwhile, Trump has pledged an aggressive implementation of tariffs. The president-elect wants to impose across-the-board levies on all imports of as much as 20 percent, with some goods, such as those from China, being subject to much higher rates. Economists generally regard tariffs as a drain on the economy that lead to trade wars and increase prices for consumers, but Trump says they will encourage the growth of domestic manufacturing and has proclaimed that, “Tariffs are the greatest thing ever invented.”
Notwithstanding uncertainties about the impact of Trump’s economic policies, his election produced a spike in stock prices in the four trading days following the election, though the markets gave back some of the gains in the next four days. The Dow Jones closed at 43,444.99 on Nov. 15 (up 2.9 percent from Election Day), while the S&P 500 ended the day at 5,870.62 (up 1.5 percent from Election Day). The dollar, meanwhile, was trading at 0.95 euros, 0.8 pounds, 154.61 yen and 7.23 yuan on Nov. 15.
The stalling of the markets’ post-election momentum might have been partly related to comments by Federal Reserve Chair Jerome Powell on Nov. 14 indicating that the central bank is not expecting to slash interest rates.
“The economy is not sending any signals that we need to be in a hurry to lower rates,” Powell said. “The strength we are currently seeing in the economy gives us the ability to approach our decisions carefully.”
The Fed did reduce rates by a quarter-point at its Nov. 6-7 meeting. This followed a half-point reduction in September and brought the target range for the Federal Funds Rate to 4.5 to 4.75 percent.
“Recent indicators suggest that economic activity has continued to expand at a solid pace,” the Federal Reserve Federal Open Market Committee stated in announcing the cut. “Since earlier in the year, labor market conditions have generally eased, and the unemployment rate has moved up but remains low. Inflation has made progress toward the Committee’s 2 percent objective but remains somewhat elevated.”
A leading measure of inflation, the Consumer Price Index from the Bureau of Labor Statistics, recorded an annualized rate of 2.6 percent in October. Core inflation – which excludes food and energy costs – was 3.3 percent for the previous 12 months. Prices went up by 0.2 percent from September to October, with higher shelter costs accounting for more than half of the overall month-to-month increase, the bureau reported.
The economy grew by 2.8 percent during the third quarter, according to the Bureau of Economic Analysis, which noted that the expansion “primarily reflected increases in consumer spending, exports, and federal government spending.”
The October Purchasing Managers Index from the Institute for Supply Management showed continued sluggishness among manufacturers, with the group’s measure of confidence falling further below the threshold indicating expansion in the sector.
“Demand remains subdued, as companies continue to show an unwillingness to invest in capital and inventory due to concerns (for example, inflation resurgence) about federal monetary policy direction in light of the fiscal policies proposed by both major parties,” the chair of the institute’s Manufacturing Business Survey Committee said.
Consumer confidence, though, showed a sharp increase in October, with The Conference Board’s Consumer Confidence Index rising nearly 10 percent from its September level.
“Consumer confidence recorded the strongest monthly gain since March 2021, but still did not break free of the narrow range that has prevailed over the past two years,” the organization’s chief economist said. “Consumers’ assessments of current business conditions turned positive. Views on the current availability of jobs rebounded after several months of weakness, potentially reflecting better labor market data. Compared to last month, consumers were substantially more optimistic about future business conditions and remained positive about future income.”
Housing starts in September were virtually unchanged from August and from September 2023, according to the Census Bureau and the Department of Housing and Urban Development. Existing home sales in September dipped 1 percent from August and were down 3.5 percent from a year earlier, the National Association of Realtors reported. However, the association’s chief economist said that “factors usually associated with higher home sales are developing,”
“There are more inventory choices for consumers, lower mortgage rates than a year ago, and continued job additions to the economy,” the chief economist said two weeks before Election Day. “Perhaps some consumers are hesitating about moving forward with a major expenditure like purchasing a home before the upcoming election.”
The median existing home sales price increased 3 percent year-over-year to $404,500.
Steel Shorts
Nippon CEO Notes Legal Option if U.S. Steel Purchase Is Blocked
Nippon Steel has indicated that it might sue the U.S. government if its bid to buy U.S. Steel is blocked.
The sale of the iconic American company to a Japanese firm has critics in both political parties, with President Joseph Biden and President-Elect Donald Trump both having announced their opposition, and is now undergoing review by the Committee on Foreign Investment in the United States (CFIUS).
Trump may be seen as more staunchly opposed to the purchase, and, according to The Japan Times, Nippon Steel Vice Chair Takahiro Mori said shortly after the U.S. presidential election that, “We believe we can close the U.S. Steel deal by the end of the year under the current U.S. administration.” (Nippon has hired Mike Pompeo, Trump’s secretary of state in his first term, to advocate for approval of the deal. Pompeo is not expected to have a role in the coming administration.)
A few days later, Nippon Chairman and CEO Eiji Hashimoto told a Japanese publication, “If this were to fall through without a legitimate reason or proper procedures, of course we would consider taking legal action against the U.S. government.” A spokesperson later clarified that a court challenge is not necessarily likely, but “It’s more of a metaphorical expression – a readiness or willingness to pursue legal action if necessary, rather than a definitive plan to file a lawsuit.”
Businesses Could Take Trump Tariffs to Court
Some business groups are reportedly preparing challenges to expected tariffs from the incoming Trump administration.
With Donald Trump saying that he wants to impose across-the-board tariffs on all imports of as much as 20 percent, with some goods, such as those from China, being subject to much higher rates, NBC News reported that, “Industry groups have been preparing legal challenges and lobbying Congress to pass legislation to limit the president’s power over tariffs while their members try to ship as many products into the U.S. as they can before Trump enters the White House.”
While the U.S. Constitution grants Congress the power to impose tariffs, lawmakers over the years have empowered the Executive Branch to handle trade policy, as with the Section 232 tariffs that Trump imposed on steel and aluminum imports during his first administration.
While Trump faced only limited judicial challenges to his previous tariff regime, the broad scope of his new plan would expand the pool of companies and groups that could object in court.
Republican Sen. Rick Scott of Florida said on Fox News on Nov. 18 that such an expansive approach to tariffs would probably require congressional action. This could necessitate getting the support of some Democrats in the Senate to overcome a filibuster.
“The tariffs – that most likely is going to require 60 [votes] unless there’s some way we can get that done through reconciliation with 51,” Scott said.
ITC Rejects Aluminum Extrusion Tariffs Imposed by Commerce Department
The International Trade Commission on Oct. 30 reversed antidumping and countervailing duty tariffs that the Department of Commerce had imposed on aluminum extrusion imports from 14 countries, including China, India and Mexico.
The Commerce Department issued its final affirmative determination in the cases on Sept. 27. Just over a month later, though, the ITC “determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of aluminum extrusions” from the companies in question.
In April, 10 Democratic and three Republican senators jointly wrote to Commerce Secretary Gina Raimondo to express support for the petitions filed by the U.S. Aluminum Extruders Coalition that led to the investigations.
“Domestic manufacturers and the workers who support the upstream and downstream aluminum supply chains here in the U.S. can’t compete with merchandise that’s subsidized and unfairly dumped, and we urge you to carefully review the Coalition’s submissions and act to ensure U.S.-based producers can compete on a fair and level playing field,” the lawmakers wrote.
China’s Steel Output Grows for 1st Time Since May
Steel output in China increased for the first time in five months in October, Bloomberg reported.
Production increased 6.2 percent from September to 81.88 million tons. Notwithstanding the monthly increase, year-to-date production is still 3 percent lower than it was through the first 10 months of 2023.
“Although a lot of mills are still losing money and the property sector continues to drag on demand, analysts cited a pick-up in orders from manufacturing and state-backed construction activity as well as a spike in exports,” the news outlet reported.
China is, by far, the world’s leading steel producer, accounting for more than half of the world’s production. It is regularly criticized by other countries for overproduction that critics say saturates the market.
CUSTOMS CORNER
CBP Stresses Importance of Importer Monitoring of Section 232 Exclusion Usage
U. S. Customs and Border Protection (CBP) personnel discussed the issue of overuse and misuse of Section 232 exclusions during the annual AMSCI Customs Committee meeting on November 15, 2024. Both Alex Amdur, Director, AD/CVD Policy and Programs Division and trade remedies oversight, and Michael Dean, Assistant Director of the Base Metals Center, pointed out issues and problems that have cost both Customs and importers significant time, and some cases expense, to correct. They both urge importers to do a better job of monitoring the use of and properly applying exclusion quantities.
Exclusion usage amounts have been a problem since the institution of these allowances for steel and aluminum products covered by Section 232. CBP took steps to limit such overuse by instituting in January 2024 a system that automatically deactivates certain exclusions when usage reaches 95%. This has helped to reduce some overuse, but does not catch every instance. There is some lag time before the deactivation, which allows importers to continue to claim exclusions on entries filed before the deactivation occurs. In addition, exclusion claims made on Post Summary Corrections (PSCs) are not always caught during PSC reviews.
When an exclusion quantity is exceeded, CBP may reject the entry, issue a CF 29 Notice of Action, or in some instances issue a 592 penalty demand to secure payment of required duties – with interest. For quota entries importers may also have to coordinate with the HQ Quota desk prior to making required corrections, and for absolute quota could be subject to a demand for redelivery. CBP is also considering additional actions to clamp down on misuse.
Alex Amdur noted another exclusion management issue. Many companies have multiple exclusions, sometimes for similar products (for example, one for alloy (using HTSUS definitions) and one for carbon steel.) Exclusions are very specific for quantity, time periods, and product chemistry, among other criteria. Inadvertently using the wrong exclusion may create problems that can be very difficult to correct.
CBP strongly advises that importers develop a plan to monitor their own exclusion usage to avoid overuse and potential duty, interest, and penalty claims. The Base Metals Center has issued a notice, initially provided to the national brokers association NCBFFA, providing information about exclusion overuse, and suggestions on how to track usage, including developing reports on ACE. A copy of that notice is set forth below.
Steven W. Baker
AMSCI Customs Committee Chair
swbaker@swbakerlaw.com
AMSCI 73rd Annual Dinner Recap
Dear AMSCI Members & Guests,
Thank you All for your participation last Thursday, at the AMSCI annual dinner in NYC!
Thank you to all of our sponsors! Please see their listing here.
Thank you to all of our attendees! We couldn’t do it without you either!
Please find attached the finalized attendee list as well as some photos. See you next year!
Congratulations to Mr. Carlos Scott of Big River Steel for receiving the 2024 AMSCI Excellence in Metal Supply Chain and Fair Trade Award. He received his award from Mr. Jose Gasca, Chairman, American Metals Supply Chain Institute at the Yale Club of New York City, NY. We’re so proud of your accomplishments!
Upcoming Events
2024 AMSCI Christmas Dinner | Thursday, December 12, 2024
111 North Post Oak Lane
Houston, TX 77024
COST: $400 Member; $450 Non-member
Table of 10: $4,000 regardless of membership status for your guest.