Trade Panel – SMA Annual
Members Conference
Alan H. Price
May 1, 2013
Trade case status
WTO cases
Current trade negotiations
Scrap barriers
Legislation and other issues
Trade Case Status
Current U.S. trade orders include:
Hot-Rolled: India, Indonesia, Thailand, China, Ukraine,
Taiwan, and Russia. Sunset review hearing and briefing
stage in Fall 2013
CTL Plate: Russia, Ukraine, China, India, Indonesia, and
Rebar: Belarus, China, Indonesia, Moldova, Latvia, Poland,
and Ukraine. Ongoing sunset review; vote in June 2013
Wire Rod: Brazil, Indonesia, Mexico, Moldova,
Trinidad/Tobago, and Ukraine. Sunset review to be initiated
in June 2013
Other: Various pipe and tube products; downstream steel
products such as steel grating
Trade Case Status (Cont.)
Key Issues:
China is under order and walled off from U.S. market in
core product lines (plate, hot-rolled, rebar)
New orders on downstream products
 Grating, wind towers, high pressure steel cylinders,
Key orders subject to sunset reviews in 2013/2014 (rebar,
hot-rolled, wire rod)
Composition of the ITC
WTO Cases
China - Raw Materials: In January 2012, the WTO’s Appellate
Body largely upheld the panel’s original findings that China’s
restraints on exports of bauxite, coke, fluorspar, magnesium,
manganese, silicon carbide, silicon metal, and zinc violate its WTO
obligations. China has complied by removing its export restraints on
these products, as of January 1, 2013
China - Rare Earths: In March 2012, the United States filed a WTO
case against China’s export restrictions on rare earth elements,
molybdenum, and tungsten; briefing is now ongoing in this case
U.S. — Countervailing Measures (China): China has filed two
WTO cases contesting the United States’ application of the CVD
laws to China. Panels in both cases were established in late 2012
U.S .— Carbon Steel (India): India has filed a case disputing the
imposition of countervailing duties by the United States on certain
Indian hot-rolled carbon steel flat products. A panel was established
in August 2012, and its members were selected in February 2013.
India filed its first written submission in April 2013
Current Trade Negotiations
Trans-Pacific Partnership (“TPP”)
US-EU Transatlantic Trade and Investment Partnership
Key issues include disciplines on SOEs, rules of origin,
and currency manipulation (with Japan poised to join TPP
Ensure no weakening of U.S. trade remedy laws or the
Buy America requirements
Include disciplines on SOEs
Renewal of Trade Promotion Authority (“TPA”)
TPA legislation is likely to be introduced to facilitate the
above-noted trade negotiations
Scrap Barriers
Approximately 30 countries around the world maintain
export restrictions on steel scrap
Recently imposed restrictions include:
Argentina imposed a year-long export ban in August 2012
Armenia increased its export duty, to 80 times the former
amount, in October 2012
U.S. scrap exports decreased from approximately 24.3
million MT in 2011 to approximately 21.4 million MT in
2012. However, exports so far in 2013 are up from the same
period in 2012
Legislation and Other Issues
Evasion and circumvention legislation
Bills moving this year
ENFORCE and PROTECT Acts: the ENFORCE legislation
has stronger enforcement provisions, and would establish
procedures and clear deadlines for CBP
TPA and Customs Reauthorization – possible vehicles for
currency bill and other legislation to strengthen trade laws
USTR and Commerce Secretary nominations
Effects of sequestration on Customs (furloughs) and
Commerce (no verifications)
Steel is working with CSUSTL to strengthen U.S. trade laws;
retailers are working to weaken