WTO Rules Against U.S. in Steel Tariffs

World Trade Organization decision pressures U.S. to rescind steel tariffs.

The World Trade Organization, in a final verdict, confirmed hefty U.S. steel import duties violate trade rules

The WTO's Appellate Body had upheld the main thrust of an earlier decision in July by a panel of trade judges, although they made some changes.

The EU was among countries -- including Japan, Brazil, South Korea and Switzerland -- to file a complaint with the WTO over the steel duties, introduced in March 2002 to protect the struggling U.S. steel industry.

DiMicco Calls WTO Ruling a Threat to U.S. Sovereignty

In response to yesterday's decision by the World Trade Organization Appellate Body declaring the Steel Safeguard Program illegal, Nucor Corp. called on the Bush Administration to defend U.S. trade laws against an illegitimate WTO system.

"Section 201 is a critical component of U.S. trade law. Failure to uphold the steel safeguards would have a devastating impact, not only on the steel industry, but on all industries that depend on American trade law," said Dan DiMicco, Nucor vice chairman, president and CEO. "Safeguards provide a safety net for American workers and industries against the predatory pricing of some trading 'partners.' The Bush Administration should not buckle to the WTO's decision to undermine the President. This is a manufacturing industry issue and a services industry issue, not just a steel issue."

It is clear from the International Trade Commission's ("ITC") own review process that the 201 was not responsible for the early price run-up prior to the 201's implementation. It is also clear that the 201 is resulting in a more competitive domestic steel industry that has and will result in greater benefits, including more competitive and legal pricing, for our domestic customers today and going forward. It is also clear that the 201 was a justified response to the illegal and predatory trading practices of our so-called trading partners. It is also clear that manufacturing jobs were not lost due to the 201 as some claim, but just the opposite.

DiMicco emphasized that, "If it is 'protectionist' for the U.S. to hold the world accountable for illegally destroying our markets, then so be it. All Americans should be, and we believe are, supportive of holding the world trading community accountable for unfair and predatory trading practices."

President Bush implemented the three-year safeguard program under Section 201 of U.S. trade law to help the domestic steel industry recover from serious injury caused by the illegal trading practices of foreign competitors.

The industry has taken historic steps to consolidate and restructure, but the process is still ongoing. "We are upholding our part of the bargain," DiMicco said. "We hope and expect that the President will do the same." According to the United States Trade Representative, the Steel Safeguard Program is wholly consistent with the WTO's Safeguards Agreement, as it was negotiated and agreed to by WTO Members. However, the WTO Appellate Body has ruled against every safeguard action that has been challenged at the WTO. Nucor trade advisors say the WTO's demonstrated policy of rejecting safeguard measures by all countries shows a bias, which is contrary to its charter.

"This systematic bias against trade laws signals that the WTO dispute resolution system is in need of fundamental reform," said Alan Price, a partner at Wiley, Rein and Fielding.

"The WTO appellate ruling brings into question its legitimacy as an international decision making body. Its dispute system is broken. If the WTO's ruling results in premature termination of the steel safeguards, American sovereignty will be severely undermined," said DiMicco.

The United States argued the steel duties, which were initially for up to 30 percent but which have been lowered, were needed to protect producers against a flood of cheap imports.

But a panel of WTO judges declared in July that Washington had failed to prove its industry was under real threat from imports of steel and steel products.

According to news ports, the EU will impose $2.2 billion in sanctions in sanctions unless Washington withdraws its tariffs in 35 days. Other countries also could join in.

As well as provoking an outcry among Washington's trading partners, the steel duties have been heavily criticized by some groups within the U.S., especially auto makers. They claim the move has increased the price of their materials, causing job losses in the industry and making vehicles more expensive for consumers.

Bank lenders and financial analysts say the steel industry is finally strong enough to attract capital on its own even if the import levies are eliminated. But U.S. steel producers say the tariffs are still needed to complete much-needed industry consolidation. The producers fear that sources of capital could dry up if the tariffs are eliminated.

William Gaskin, chairman of the Consuming Industries Trade Action Steel Task Force, urged President Bush to terminate the steel tariffs immediately.

Gaskin stated, "In addition to the continuing damage and job losses that the tariffs are causing U.S. steel consumers, the U.S. now faces billions of dollars in retaliatory tariffs by our trading partners. For the sake of the U.S. manufacturing sector, it's time to end the tariffs now. Manufacturers need some positive news and a quick end to the steel tariffs will help send a message that the President supports American manufacturers and understands the requirement that they be globally competitive."

Gaskin further stated, "The steel tariffs should be rescinded for several reasons. First, they have already helped domestic steel producers as much as they possibly could. More tariffs will only hurt U.S. steel consumers more. Second, terminating the steel tariffs immediately would work to avoid retaliation from our trading partners. Third, terminating the tariffs would help the overall U.S. manufacturing economy, and give hope to American steel consuming companies that have been badly damaged since the tariffs were imposed in March 2002 and will continue to be damaged every day the tariffs stay in place."

The WTO Appellate Body decision will become official in early December. The European Union has announced that it will retaliate on U.S. exports to the EU worth $2.2 billion five days after the decision is official unless President Bush ends the tariffs. Other U.S. trading partners are expected to announce retaliatory measures as well.

According to the CITASTF two months ago the U.S. International Trade Commission's midpoint review of the steel tariffs showed that the tariffs have cost the U.S. economy $987.2 million and thousands of U.S. jobs. Numerous economic studies have also found that the tariffs caused far more damage to the U.S. economy than helped the domestic steel industry.

Gaskin concluded, "Eliminating the steel tariffs will remove a tax being paid by U.S. steel consuming industries and avoid damaging tariffs being placed on U.S. exports by the EU and other trading partners. The debate should be over. Any good that the tariffs might have accomplished has been achieved and it is time to end them."