Senators urge executive action to block U.S. Steel sale to Nippon, fear for future of trade cases (2024)

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  • Joseph S. Pete

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Three U.S. senators, including the delegation from U.S. Steel's home state of Pennsylvania, are urging the Biden administration to take "urgent" executive action to block U.S. Steel's proposed $14.9 billion sale to Nippon Steel, expressing fears over the future of protective tariffs.

Sens. Sherrod Brown, D-Ohio, Robert Casey Jr., D-Pennylvania, and John Fetterman, D-Pennsylvania, wrote a letter last week to Secretary of the Treasury Janet Yellen, Secretary of Commerce Gina Raimondo, and Ambassador Katherine Tai asserting that the sale would destabilize the trade enforcement system meant to protect American industry and workers. They pointed to Nippon Steel's history of dumping steel products in the United States, saying it posed "a clear conflict with our ability to continue to defend our domestic steel industry."

They pointed to existing U.S. anti-dumping tariffs on Japanese imports of welded large diameter line pipe, tin mill products, stainless steel wire rod, stainless steel sheet and strip in coils, stainless steel bar, diffusion-annealed nickel-plated fat-rolled steel products, cold-rolled steel fat products, certain hot-rolled steel fat products, carbon steel but-weld pipe fittings, carbon and alloy steel cut-to-length plate and carbon and alloy seamless standard, line and pressure pipe.

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"For decades, the International Trade Commissions has issued numerous antidumping and countervailing duty orders against Japanese steel makers. The rulings against Japanese steel companies include numerous rulings against Nippon Steel: nickel plated flat rolled steel (multiple times), cold rolled steel, hot-rolled flat steel (multiple times), and corrosion resistant steel products among others," they wrote in the letter. "In each of these cases, Nippon Steel was found to be dumping steel products in the U.S. market at unfair prices, costing workers their jobs in places like our states. Trade enforcement depends not only upon the professionals working at the ITC but also the cooperation of the American steel industry. It is only by coming together that the domestic industry can curb the behavior of bad actors in the global steel industry. It is essential to the mission of the ITC to examine harmful trade practices by foreign actors."

U.S. Steel was going about its business last year when rival Cleveland-Cliffs made an unsolicited offer to buy it for $7.3 billion, a 43% premium over its stock price at the time, in a bid to consolidate the integrated steel industry.

U.S. Steel rejected the offer and put itself on the open market rather than face a hostile takeover bid. Cleveland-Cliffs raised its bid to $35 a share and then $54 a share but was outbid by Nippon's offer of $55 a share.

Nippon and U.S. Steel have touted the sale as best for all parties. Nippon said it would plan no layoffs or plant closures and would operate U.S. Steel as a U.S. subsidiary, allowing it to keep its headquarters in Pittsburgh, name and brand. Nippon would keep the collective bargaining agreements in place and become one of the largest steel companies in the world.

The two steel companies said a merger would mean more capital and better technology for U.S. Steel, safeguarding its longtime sustainability in an increasingly global industry that the United States long dominated before becoming relegated to a smaller role.

The senators raised concerns that the acquisition would hurt U.S. steelmakers' efforts to protect themselves from steel dumping through the International Trade Commission. They warned Nippon could undermine trade cases "from the inside."

"Foreign steel companies, such as Nippon, seek to gain any advantage they can when competing with the US and, as such, future ITC rulings could be impeded by the Nippon’s acquisition of U.S. Steel. This could happen in several ways," the senators wrote. "First, U.S. Steel could refuse to participate in an investigation by declining to provide essential data supporting a case to the ITC. This interferes with the ITC’s ability to assess the full scale of damage being done to U.S. industry and can lead to results where damage is underestimated. Second, U.S. Steel could choose to exit a market with little explanation – limiting relief available. These concerns are not hypothetical as the ITC has documented how U.S. Steel, once Nippon announced its plans to acquire it, changed its behavior in the tin mill suit. Specifically, the ITC documented that U.S. Steel declined to provide critical data and exited a market without explanation – actions that undermined the very suit U.S. Steel helped to bring."

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Senators urge executive action to block U.S. Steel sale to Nippon, fear for future of trade cases (2024)
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