On June 3, 2020, the U.S. Department of Commerce’s (“Commerce”) Bureau of Industry and Security (“BIS”) published notice in the Federal Register of its initiation of an investigation to determine whether imports of vanadium threaten to impair the national security.  According to a press release, Commerce is initiating the investigation based on a petition filed on November 19, 2019 by two U.S. producers of vanadium — AMG Vanadium LLC, and U.S. Vanadium LLC.

Vanadium is a metallic element often used as an alloying agent in the production of steel and other metals.  It is used to improve the resulting metal’s hardness, ductility, and toughness. Typical end uses for vanadium-alloyed steels include armor plates, parts of jet engines, and cutting tools.

According to the U.S. Geological Survey, vanadium is mined mostly in Brazil, China, Russia, and South Africa.  Vanadium can also be produced through a secondary process.  This source also indicates that from 2015-2018, U.S. demand was supplied 100 percent by imports.
Continue Reading Commerce Department Set to Investigate Whether Imports of Vanadium Threaten to Impair National Security

The U.S. Department of Commerce self-initiated antidumping and countervailing investigations of common alloy aluminum sheet from China on November 28.  An accompanying fact sheet estimates dumping margins on the subject merchandise to be between 56.54 and 59.72 percent, and estimates a subsidy rate above de minimis.  Trade cases are typically initiated in response to petitions filed by a domestic industry alleging that dumped or unfairly subsidized goods are being exported to the U.S. market.  Self-initiation authority, however, can be exercised whenever the Secretary determines that a formal trade remedy investigation is warranted based on available information.

The Department’s use of self-initiation authority has been judicious and rare.  In an agency-issued press release Secretary Wilbur Ross stated, “{w}e are self-initiating the first trade case in over a quarter century, showing once again that we stand in constant vigilance in support of free, fair, and reciprocal trade.”  The Department further noted that it last self-initiated a countervailing duty investigation in 1991 on softwood lumber from Canada, and last self-initiated an antidumping duty investigation in 1985 on semiconductors from Japan. 
Continue Reading In Rare Move, Trump’s Commerce Secretary Self-Initiates Chinese Aluminum Trade Remedy Cases

In a Wall Street Journal opinion piece, U.S. Secretary of Commerce Wilbur Ross reminds U.S. trading partners with sizeable surpluses that trade flows in not one, but two directions.

Pushing back against assessments that U.S. trade policy is turning inward, Ross shifts the protectionist spotlight toward the policies, tariffs and regulations of key trade partners have put American workers, goods and services at a disadvantage – unfairly so.  Free and fair trade, he argues, must address such non-tariff barriers that likely contribute to trade deficits.  He further maintains that U.S. demands for a level playing field under these circumstances are driven by equity, not protectionism. 
Continue Reading Ross Op-Ed Defends U.S. Trade Policy as Response to Unfair Trade Practices of Others – Not Protectionism