April 2006
Legislative Landscape

Increasing Pressure
on Trade

With the Doha Round of trade talks under way and mid-term elections at year’s end, U.S. steel industry executives and trade associations are clamoring for congressional action on Chinese currency manipulation.

By Dan Markham,
Senior Editor

Sidebars and Tables:

Frustration over White House inaction on Chinese currency manipulation is bringing a new sense of urgency to industry appeals for retaliatory trade measures. Indeed, at least five bills are currently under consideration in Congress designed to make American goods more competitive vs. unfairly subsidized Chinese imports.

John Nolan, vice president and manager of sales and marketing for Steel Dynamics Inc., Fort Wayne, Ind., believes China’s intentional undervaluation of its currency, the yuan, is the greatest threat to America’s manufacturing base and economy for the long term.

Nolan has been a point man in the steel industry’s effort to urge U.S. trade officials to take action against China. Among his many appearances, Nolan spoke on the issue before the House Ways and Means Committee last year. Last month, he addressed the topic at the Steel Business Briefings North American Steel Conference in Chicago.

“The Chinese are honest enough to acknowledge they do in fact intervene and manipulate,” Nolan told steel executives. “Unfortunately, the only one around who denies that is the U.S. Treasury.”

Rather than allowing the value of their currency to float on the free market as others do, the Chinese peg the yuan at a fixed value relative to the U.S. dollar. Nolan says China’s peg undervalues its currency by as much as 40 percent, effectively subsidizing Chinese exports to the United States and other countries and affecting a hidden duty on U.S. products that would be imported into China.

Anti-China sentiment has been gaining steam nationally as the trade imbalance worsens. The United States posted a record trade deficit in 2005 of $726 billion, a sevenfold increase from the $100 billion deficit 10 years ago.

A number of industry trade organizations have made the Chinese currency issue their primary focus this year, including the American Iron and Steel Institute, the Steel Manufacturers Association, the Metals Service Center Institute and the China Currency Coalition, which represents various U.S. manufacturing industries in this common cause.

The growing grassroots appeal for action has caught the attention of lawmakers on Capitol Hill, who have sponsored several bills relating to Chinese currency and trade:

  • H.R. 1498—This bipartisan bill authored by Rep. Duncan Hunter (R-Calif.) and Rep. Tim Ryan (D-Ohio), would hold China accountable for its currency manipulation through stronger enforcement of existing trade laws, including countervailing duties and Section 421 actions. Section 421 is a special statute that applies only to imports from China. It authorizes the imposition of temporary trade barriers against Chinese imports deemed a substantial cause of serous injury to American producers.
  • H.R. 1575—Authored by Rep. Sue Myrick (R-N.C.), this bill would authorize the Secretary of the Treasury to negotiate with China to accept a market-based system of currency valuation.
  • H.R. 3004—Authored by Rep. Phil English (R-Pa.), this bill would require Treasury officials to monitor all of China’s compliance with World Trade Organization commitments.
  • H.R. 2208—Sponsored by Rep. Don Manzullo (R.-Ill.), this bill would define manipulation under the Omnibus Trade Act to include nations involved in large-scale intervention in the foreign exchange market.
  • S. 295—Sponsored by Sen. Charles Schumer (D-N.Y.) and Sen. Lindsey Graham (R-S.C.), this bill would impose a duty of 27.5 percent on all Chinese goods imported into the United States until the president recognizes that China is no longer manipulating its currency.

Though the volume of bills reflects increased interest in the issue among lawmakers, it also presents a concern, says Thomas A. Danjczek, president of SMA, which represents minimills. “It’s too fractionalized,” he says. “I’d be happy if everyone backed Hunter-Ryan.”

The Hunter-Ryan bill already has the greatest support among representatives, with more than 150 signatures on the House side. It has had difficulty getting traction in the Senate, however, he says. Additionally, H.R. 1498 is favored because it complies with existing WTO and International Monetary Fund regulations.

Dan Ikenson, a trade policy analyst for the Cato Institute, Washington, D.C., acknowledges that China manipulates its currency and some action needs to be taken. However, he believes any radical approach to the problem is a greater threat.

“Many in Congress view exports as good, imports as bad and the trade count as the scoreboard. So they think we’re losing to China, and we’re losing because China is cheating. To a certain extent, they are correct. My concern is they are going to do something rash.”

Any overreaching effort to force the Chinese government to float its currency could have undesirable effects on China’s economy, Ikenson says. A sudden shift in the currency could cause more than half of all Chinese borrowers to default on their loans, crippling China’s banking system, with worldwide implications. “Congress needs to realize that it’s a gradual process. China is going to revalue, but they can’t let it happen all at once. It’s too delicate a matter.”

Regardless, Danjczek and Nolan both believe that Congress’ frustration with the mounting trade deficit, and Treasury’s unwillingness to take action, may lead to new trade legislation.

Trade reform via tax reform
Another effort to bring balance to the trade account is through adoption of a border-adjusted tax, a move favored by several industry associations.

As allowed under WTO rules, nearly all countries impose a tax on imports, generally from 15 to 25 percent. Those funds are used to supply rebates to exporters to help cover the cost of the import tax they must pay when their goods enter another country. The United States is the only major trading country that does not have some form of border-adjustable tax.

“This is the single biggest factor contributing to trade imbalance, and it’s completely self-imposed,” says consultant Charles Blum, president of International Advisory Services in Washington, D.C. “In effect, the U.S. government subsidizes imports into this country by foregoing collection of obligations.”

Blum’s position is supported by most U.S. manufacturers. Opposition is strong from Wal-Mart and other retailers, who argue that such a value-added tax would increase the prices of consumer goods. Blum and other proponents maintain that the tax could be implemented along with other changes to the tax code that would ultimately result in a revenue-neutral outcome.

“It would be inflationary, if it isn’t used to eliminate or reduce existing taxes. The stated intention is to shift tax burden from income onto consumption,” Blum says.

Though Blum has been promoting this idea for several years, he is finally reporting positive momentum in Washington. House Ways and Means Chairman Bill Thomas is an open proponent of a value-added tax and will hold a series of discussions in May on the issue.

“It’s the first time in 30 years I’ve seen this level of interest. That makes me really optimistic we could actually do something of real importance,” Blum says.

Others, such as SMA’s Danjczek, are a little more skeptical. “It does not have traction on the Hill. We have no desire to be a Don Quixote. There are only so many windmills you can chase, and that windmill right now isn’t turning very well.”

Doha round and round
Hovering over any trade talks on Capitol Hill is the continuing Doha Round of WTO negotiations, designed to reduce barriers to free global trade, especially for developing countries. Dave Phelps, president of the American Institute of International Steel, a trade group representing foreign steel mills, doubts Congress will pass any significant trade legislation while Doha is ongoing.

“With the Doha Round, Congress is not overly interested in stepping into that arena (trade legislation),” Phelps says. “The U.S. Trade Representative’s office would probably take a dim view of that if they’re in the middle of negotiations only to have U.S. law change.”

The Doha Round is scheduled to conclude this year. Phelps is hopeful it produces “common-sense reform,” arguing that the U.S. steel industry has a number of wants—such as intellectual property rights reform and elimination of trade tariffs—and only one real area to offer: antidumping reform.

Ikenson, in contrast, does not believe the Doha Round will produce any substantial changes. “There have been some agreements, mostly giveaways to developing countries, but not much in terms of market access for U.S. manufacturers, exporters or service providers. So I don’t know to what extent Congress is going to be all that excited about this agreement.

“My guess is they’re not going to get the ambitious agreement they envisioned,” he added, “more like Doha Light.”

The main reason Doha will disappoint, he says, is that all countries in the WTO—from the powerful U.S. and European Union, to developing countries like Brazil and India—are afraid of China.

Other policy initiatives
In other policy issues, the American Iron and Steel Institute is promoting its Gulf Coast Initiative to become a significant factor in the rebuilding of hurricane-ravaged cities. Though the effort is initially focused on education and assistance, AISI will also back “Buy American” legislation as part of the rebuilding effort.

The Stainless Steel Industry of North America has also gone to the nation’s capital to state the case for its industry, going straight to the top. In February, Jack W. Schilling, SSINA chairman, wrote President Bush expressing the organization’s support for the American Competitive Initiative. Schilling’s organization had previously released a report on the significant role specialty metals play in national defense and the continued importance of maintaining a competitive domestic industry.

“What we’re concerned with is that over time, if we’re not careful, this country could lose its specialty metals industry and have issues with regards to national security,” Schilling says. “Without strong investment in manufacturing, we won’t be able to maintain a leadership position. It’s just not possible. We want to see action taken by the government that would improve the climate for investment in the United States.”

While Schilling links his industry to national defense, Nolan worries that the Bush administration has already aligned foreign policy with trade policy. He fears that trade actions taken (or not taken) in regards to China have been done so due to foreign policy concerns at the expense of trade, hurting U.S. manufacturing.

On the other hand, Blum maintains that the federal government makes a huge mistake by distinguishing between trade policy and tax policy. “I have come to understand that the single-biggest trade issue we have is taxation. It’s never discussed when we have a free trade agreement.”

Ikenson forecasts a cloudy—if not stormy—2006 on the legislative and trade front. “It could be a very confrontational year because of the elections, because of Bush’s waning political capital and the mounting trade deficit,” he says. n


Stainless Industry Opposes
Hexavalent Chromium Limits

Concerned about American competitiveness, the Stainless Steel Industry of North America sent a letter to President Bush in early February appealing for more government support of U.S. manufacturing. The late-February ruling by the Occupational Safety and Health Administration on hexavalent chromium exposure was not what SSINA had in mind.

In a move to improve worker health standards, OSHA announced Feb. 28 that workplace exposure to hexavalent chromium must be limited to 5 micrograms per cubic meter during an 8-hour day, one-tenth the current level of 52 micrograms per cubic meter. The new rule is effective May 30, with all provisions except engineering controls to be implemented by Nov. 27. Engineering controls must be in effect by May 31, 2010.

Industry officials, including stainless producers represented by SSINA, plan to appeal the new standard as being unnecessarily restrictive and costly.
At the same time, unions and other worker-safety interests argue that the new exposure limits are not restrictive enough and should be lowered still further to 2.5 micrograms.

Though stainless steel does not contain hexavalent chromium, it is a byproduct of heat-generating operations such as welding, cutting or torch burning, plasma burning, forging or chrome plating. Dust-generating actions such as abrasive blasting, grinding or polishing of stainless steel or steel painted with chrome-containing material can produce airborne hexavalent chromium, which has been shown to cause cancer if inhaled over prolonged periods.

SSINA is appealing in part on grounds that OSHA did not adequately evaluate the economic impact of the ruling. OSHA estimates compliance will cost the stainless steel industry $223 million, while industry officials peg the actual impact at closer to $2.9 billion. SSINA says fabricators, field erectors, tube welders, pipe welders, forgers, heat-treatment facilities, auto repair shop, mining and fiberglass facilities were not included in OSHA’s impact study.

Additionally, SSINA claims that OSHA has overestimated the risk of hexavalent chromium. “The preponderance of scientific evidence suggests that stainless is a safe product to produce and fabricate in a wide variety of applications. Overzealous parties have misrepresented the data unrelated to the stainless steel sector in pushing for an overly restrictive exposure limit that will cause undue harm for our industry,” said Allegheny Ludlum Senior Vice President Terry Hartford in a special presentation at last month’s MSCI Specialty Metals Conference in Ponte Vedra, Fla.

If the appeal fails to produce a stay, stainless producers and processors must take several steps to ensure compliance. They include: engineering assessments, medical surveillance, defining areas of exposure, posting alerts, providing respiratory protection and protective clothing, special laundry services, shower facilities and separate eating and drinking facilities. The ruling also will require additional record keeping.

Hartford encouraged service center executives to take three steps in advance of the regulations: conduct exposure monitoring tests, report the results to SSINA or another industry group, and support legislative efforts to prohibit OSHA from further lowering the limit. “Tell your customers about this ruling. This has surprised a lot of people. It could have a very serious impact on the stainless steel business,” Hartford added.


DiMicco: Expand
Offshore Gas Exploration

While fair trade is the top issue on the steel industry agenda, the rising cost of energy remains a concern. In late March, Nucor Corp. President, CEO and Vice Chairman Daniel DiMicco joined three other CEOs for a press conference supporting legislative efforts to open more of the Outer Continental Shelf to natural gas drilling.

“Now I don’t expect our government to guarantee us low natural gas prices. I do expect that our government will not withhold natural gas supply that they control,” DiMicco said.

The first aim of the executives is to open a portion of Lease 181, located in the Gulf of Mexico off the Florida coast, to expanded exploration. In 2001, 10 percent of the area was opened up for lease and 10 new sources of natural gas were discovered. Industry’s ultimate goal is to persuade government to allow more natural gas and oil exploration on both coasts, the Gulf of Mexico and the coast of Alaska.

The Outer Shelf legislation appeals to the steel industry on two fronts. First, the American Iron and Steel Institute estimates that energy represents 20 percent of the cost of production for American steel companies.

“When our members don’t have access to an affordable and reliable source of energy, it affects our competitiveness,” said Kate Gallagher of the AISI.
Second, steel companies benefit from increased oil and natural gas exploration, which increases demand for tubular goods.

DiMicco said the need for the drilling is heightened by the push in the U.S. to use more clean-burning natural gas. “Our over-reliance on natural gas for electric generation has compounded the country’s need for more gas supply. T

he result is both higher, and wildly volatile, natural gas prices, and consequently higher electricity prices. We have been our own worst enemies on this issue,” he added.

While Steel Manufacturers Association President Thomas A. Danjczek supports the Outer Shelf Legislation, his greater concern is seeing the country enact a committed, forward-thinking energy policy. “We need to go out 30 years. We need to have a long-term view of what we’re doing,” he said.

Additional natural gas supplies will not be enough to meet the country’s long-range energy needs, DiMicco agreed. “We need both more gas supply and more efficient use of gas. We also need to fully utilize new and safer technology to generate electricity including alternative energy, clean coal and nuclear.”











 

 

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