WASHINGTON -- Two of America's biggest steel manufacturers -- both with deep ties to administration officials -- have successfully objected to hundreds of requests by U.S. companies that buy foreign steel to exempt themselves from President Donald Trump's stiff metal tariffs. They have argued that the imported products are readily available from U.S. steel manufacturers.
Charlotte, N.C.-based Nucor, which financed a documentary film made by a top trade adviser to Trump, and Pittsburgh-based U.S. Steel, which has previously employed several top administration officials, have objected to 1,600 exemption requests filed with the Commerce Department over the past several months.
To date, their efforts have never failed, resulting in denials for companies that are based in the United States but rely on imported pipes, screws, wire and other foreign steel products for their supply chains.
The U.S. trade representative, Robert Lighthizer, represented U.S. Steel and other steel manufacturers in private practice as a lawyer, and so did his deputy, Jeffrey Gerrish. Nucor spent $1 million to fund a documentary, Death by China, made by Peter Navarro, a Trump trade adviser, in 2011.
Nucor has played a role in one-quarter of the denials. In most cases, at least one other company also objected to a request that drew an objection from the three large steel-makers.
"The tariffs are working," said John Ferriola, Nucor's chairman, chief executive and president. "They are protecting our national security and stimulating additional domestic steel production."
Nucor, the nation's largest steel producer, has four facilities near Blytheville, employing some 1,700 people. Nucor also is building a $230 million cold mill that will create about 100 jobs.
The ability of a single industry to exert so much influence over the exclusions process is striking even in Trump's business-friendly White House, given the high stakes for thousands of U.S. companies that depend on foreign metals. But the boundaries of trade policy are being tested by the scope of Trump's multifront trade war with allies and adversaries alike, which includes tariffs on up to $200 billion worth of goods from China and possible tariffs on automobiles and auto parts.
Trump's decision to impose 25 percent tariffs on steel and 10 percent on aluminum, even from allies like Canada, Mexico, the European Union and Japan, is just one part of that battle. But it has drawn a strong rebuke from foreign governments, Republican lawmakers and many business groups, including automakers, beverage companies, farm equipment manufacturers and food packagers, who say it will inflict financial pain on companies that employ millions of U.S. workers.
To help minimize the impact, the administration established a process for companies to request "exclusions" for any product they could not otherwise buy in the United States, such as razor blades. But the Commerce Department, which is overseeing the process, also allowed U.S. companies to argue against an exclusion request. The metal tariffs are the only ones so far to have such a process.
Since May, companies have filed more than 20,000 requests for steel tariff exemptions. As of the end of July, the Commerce Department had denied 639 requests.
Half of those denials came in cases where U.S. Steel, Nucor or a third large steel-maker, AK Steel Holding Corp., filed an objection, a New York Times analysis shows. Nearly all of the rest were in cases where the company applying for an exclusion erred in its submission, Commerce Department officials say.
Department officials said Friday that they have not granted a single steel exclusion request that drew an objection. They have granted 20 aluminum exclusions over an objection, because the objecting company did not actually cite the product in question.
Wilbur Ross, the commerce secretary, has defended the exclusion process and said the steel-makers' ability to provide products should be taken into account.
"If a product is available in enough quantity and quality to meet demand, the objection is generally sustained," Ross said in an email.
Trump has made no secret that he wants to boost U.S. steel-makers, and several of his top administration officials have deep ties to the steel industry. As the head of a private equity fund, Ross bought and operated several steel companies, which he later sold at a profit, and he sat on a steel company's board of directors until his confirmation.
The rejected companies do not agree.
"They're hiding behind the government to try to keep them going," said Joel Johnson, chief executive of the U.S. arm of Borusan Mannesmann, a Turkish-owned manufacturer that imports steel pipes from its parent company and finishes them at its plant in Baytown, Texas. The company's exclusion requests were denied by the Commerce Department after U.S. Steel and others objected.
In a 31-page objection filed in May, U.S. Steel officials said, "There is no national security interest in drawing further foreign Turkish investment into the United States to produce a product that is already produced in the United States, and for which substantial excess capacity exists."
Johnson said the company requested an exclusion so it could have time to build a U.S.-based factory that could produce what it now imports. The investment would create more than 170 jobs, on top of the 264 people Borusan Mannesmann now employs in Texas.
Critics say the exclusions process has overwhelmed Commerce Department staff members, who do not have the resources to sift through thousands of complicated requests and objections and judge them on their merits. They say the default position is to simply listen to a company that objects, regardless of whether the objection is legitimate.
Business on 08/07/2018