STEEL INDUSTRY RENEWAL, POLICIES NEEDED August 15, 2001 Introduction The steel industry is in crisis, a fact which is obvious to most observers. The surge of unfairly and illegally traded imports has caused severe damage to the industry. Much of the industry has been driven into bankruptcy, parts into liquidation, and more will follow if there is no change from present trends. There is an urgent need for the industry to continue transforming itself through a combination of private effort and public policy. The U.S. steel industry is embroiled in a structural transformation in response to changing competitive dynamics in the global steel industry. In order for the U.S. steel industry to continue moving in the direction of greater efficiency and market responsiveness, the transformation process must be accelerated and encouraged through the application of effective public policy. The key questions posed by the Administration include: What should the steel industry look like in the future? Is the industry moving in the right direction? How can we accelerate the process of global and domestic industry renewal? How would we propose to deal with the global over-capacity issue? What should the U.S. steel industry look like in the future? Perhaps the simplest way to answer this question is to list the characteristics that typify the more successful companies in the industry. The characteristics of successful companies in the United States and elsewhere include: Efficient use of inputs (manpower, energy, raw materials, etc.). Lean, flat and streamlined organizations. Work force incentives to increase productivity. Effective management of by-products of steel making (emissions, scrap, other by-products). Effective use of capital, including low leverage debt ratios consistent with financial stability in a cyclical industry. Effective use of existing technology and the capital necessary to invest in and exploit new technologies. The ability to achieve consistent adequate returns well above the cost of capital in the absence of governmental assistance, loan guarantees, debt forgiveness and other forms of direct and indirect subsidy. 1 The ability to make costs variable to the greatest extent possible to achieve maximum flexibility in responding to market cyclicality. While the characteristics of successful companies are identifiable, the global business and political environments affect the ability of companies to achieve global competitiveness. The United States steel industry is now operating in a global environment. The global rules of competition are not uniform and those WTO rules that do exist are not always adhered to by foreign producers and their governments. Excess supply, in foreign home markets, often triggers predatory trade flows to export markets without regard for WTO rules and the trade laws of the target country. The U.S. market has long been a principal target for such trade flows, and even highly successful U.S. companies have been adversely affected by these trade practices. What kind of private and public policy actions will foster the establishment and growth of successful steel companies? At a minimum we will need: An international agreement prohibiting subsidies. The definition of what constitutes subsidies must be complete and crystal clear. Global incentives provided by governments to address social costs associated with closures required to eliminate obsolete facilities. Improving bankruptcy laws to eliminate Chapter 11 abuses. Revised environmental regulations to foster the closure of obsolete capacity. Elimination of cartels which limit access to, and which foster marginal cost pricing (dumping) in, export markets. Through international agreement, or otherwise, an enhanced ability of the U.S. government to respond more rapidly to surges of unfairly traded steel imports. Elimination of access to dumped semi-finished steel, which has forced U.S. steel producers of both crude and finished steel to compete against unfairly traded finished steel produced from imported semis. Is the U.S. steel industry moving in the right direction? The U.S. steel industry has made significant progress. It has gone through massive structural changes as companies have responded to the competitive conditions domestically and globally. Since the mid-1970s almost 50% of the steel making capacity owned by integrated mills has been closed and a great deal was modernized. Roughly 60 million tons of older capacity was closed. During that same period, Electric Arc Furnace (EAF) producers built approximately 30 million tons of new, efficient capacity to replace that which was rendered non-competitive by market forces. Today in the U.S. almost 50% of the steel produced is melted in EAFs, a significantly higher percentage than in most other industrial countries. While the industry achieved a net capacity reduction of 30 millions tons, the U.S. steel market grew by 25 million tons. 2 The result has been a much more favorable balance between supply and demand in the United States. While this balance varies from product to product, the aggregate demand versus capacity figures show a modest inadequacy in supply particularly during peak demand. In fact, North America is the only major steel market in the world with capacity and demand in balance, yet we have the largest national negative trade balance in steel. The U.S. industry has been moving in the right direction for years with respect to cost reduction, service to consumers, efficiency, environmental stewardship and many other measures. Yet, the reverse has occurred regarding the most important measure of success: return on invested capital. Despite the success of a few companies in the industry, the U.S. steel industry, like its counterparts around the world, has not earned its cost of capital. As a result, the market value of all steel companies, relative to cash flow and book value, is extremely depressed. The industry is in serious jeopardy, having lost most of its access to capital. This loss has virtually guaranteed that the process of industrial renewal in the steel sector has ground to a halt. How can public policy accelerate the process of renewal in the U.S. steel industry? Our government can assist the process of renewal in this industry. Some of the more important reforms that would allow market forces to work more efficiently include: An affirmative determination of injury on steel mill products followed by effective remedial action under the Section 201 investigation initiated by the President including limiting semi-finished imports. An international agreement to reduce excess capacity globally. Strengthening WTO-consistent U.S. trade laws. Improving the flow and quality of information necessary to make rational decisions relative to new investment and facility closures. Limiting access to relief under U.S. bankruptcy laws. Update these statutes to prevent abusive use to the detriment of competitive steel producers. Eliminating the federal steel-specific loan guarantee program. The defeat of legislation which would authorize the payment of subsidies to individual steel companies to fund their legacy costs. Providing incentives and environmental relief for closure and complete physical elimination of uneconomic steel industry assets. Participating in the establishment of an international program providing funds to ameliorate the social impact of closures of uneconomic steel production facilities. 3 How do we propose to deal with the global over-capacity issue? The EU and Japan have capacity substantially in excess of domestic requirements. In the case of Eastern Europe there is gross over-capacity and much of it is uneconomic by any standard. In the case of other non-market countries, like China, capacity should be built only to deal with domestic production shortfalls. In developing areas such as South America new capacity is being built to a level suggesting that South America will have double the capacity needed to serve its home markets. Often such new capacity is subsidized. Moreover, equipment builders often take an ownership position in projects with government encouragement and financial incentives. There have been many business failures in the global steel industry. Based upon this history, there appear to be four generic types of uneconomic capacity: Old Inefficient Assets Mills in this category do not generate enough capital to adequately maintain their facilities. Their market and competitive positions are not strong enough to convince the financial community to provide funding for upgrades in the absence of government loan guarantees or other subsidies. As a result, these types of companies limp from crisis to crisis, and usually end up in Chapter 11 here, or propped up by government support overseas, before finally being shuttered. In many cases, overseas privatization creates a false competitive situation when governments “forgive” social, pension and environmental balance sheet liabilities that can give the illusion of a positive change in relative cost performance. In essence, government is intervening directly in the competitiveness issues that market forces should address. Such companies should be permanently closed, rather than sold with the aid of government subsidies. Unsuccessful Transformations This group is comprised of companies with older facilities that could perhaps be classified as worn out. Management may raise capital to reinvest and partially replace obsolete facilities. The time required to bring the new technology on-line causes a liquidity crisis and/or facility closure in the process. Ownership may then change, the facility purchased for cents on the dollar or the company may enter Chapter 11 (or foreign equivalent). The facility may be economically viable for the new owner, due to the low capital cost of entry. This scenario will be repeated and finally some companies may shut down their melting facilities and import semi-finished to support a marginal “finishing” end. Often this process simply postpones an inevitable closure. Greenfield Question Marks and Failures This category of capacity consists of facilities built by an incumbent producer or an entrepreneurial management team. The business idea that spawns the investment may have been solid, but the project generally fails because of poor execution. Any one factor or combination of factors may force a liquidity crisis or facility closure. So, while these 4 facilities may be economically viable they require additional capital and a more experienced owner. The factors that lead to this form of failure include: Poor choices of technology and facility layout. Inexperienced management teams. Excessive leveraging. Inadequate production levels or market penetration. Badly flawed business plan and market assessment. Projects planned in a positive market and completed in extremely hostile environment. (Numerous productive facilities, both operating and closed today, fit this category.) Perennial Problems This category is comprised of businesses that consistently struggle to stay afloat. In many cases the asset base and business performance are deteriorating. The business remains alive only via a minor advantage such as a successful subsidiary in an unrelated business. Those in this group do not generate enough cash to sustain themselves through downturns and do not have the organizational strength to achieve a transformation. These companies also limp from crisis to crisis until, all too often, they end up in Chapter 11. Turnarounds would require massive cash infusion and complete management redirection. Therefore, in a functioning free market all of these types of uneconomic assets would eventually respond to market forces and would be eliminated. However, market forces are not always allowed to run their course. These assets should not be artificially maintained or resuscitated. Further, some of these categories typify the need for incentives for closure. Estimates by industry experts suggest that roughly 25 million tons of United States capacity fit these general categories. Of that, upwards of 2/3 of that capacity is viable from an efficiency standpoint and could be operated successfully under the right conditions. Some facilities do not fit neatly into these categories. The factors that cause gross excess capacity and the resultant predatory trade flows include: Lack of relevant market information on the viability of markets for a new facility. Inaccurate assessments of global markets. Harmful government policies. Inaccurate cost assessments and lack of standardized methods and definitions necessary to define costs. 5 Conclusion Under conditions of fair competition the U.S. steel industry is unquestionably one of the most open, dynamic, and competitive steel industries in the world. And while the industry has gone through massive structural changes in the face of intense, and unfair, global competition, much more needs to be done. Unfortunately, in the current environment, even the most efficient steel producers in the U.S. economy cannot make an adequate return on invested capital. They are fast losing access to capital markets and as a result, have not made significant new facility announcements since 1997. Thus, the companies and individuals that are most capable of continuing the process of industrial renewal cannot do so until effective public policy creates an economic environment with acceptable risk-reward trade-offs. This paper identifies several specific items that must be addressed through public policy. These items can be summarized in four broad categories: Provide an affirmative determination of injury under Section 201 of the Trade Act, to assure the industry has time for a period of adjustment to restructure itself further in response to the effects of massive marginal cost pricing of imports dumped in the U.S. market. Participate where necessary to collect and disseminate information on supply, demand, and trends to assist managers, owners, and prospective owners in making better business decisions. An example of governmental assistance in this area is the implementation of a Canadian type import monitoring–licensing system. Strengthen WTO consistent U.S. trade laws, and make changes to the regulatory and legal environment to encourage fast and efficient capital migration from failed businesses to superior business models and technologies. Through an international agreement, eliminate steel industry subsidies, create a program to reduce global excess capacity, and develop a mechanism to permit rapid responses to surges of dumped steel. This would create a more uniform, fair, and open global trading environment, so that capital and steel move efficiently in response to clear market signals, not to distortions caused by government interference. 6