Category Archives: Uncategorized

Here We Go Again: Steel and Aluminum Tariffs and Peter Navarro

A new 25 percent steel tariff and a 10 percent aluminum tariff have come into effect. The levies are aimed at our allies, such as Canada, Mexico, and the European Union. They are a bad idea for three reasons:

Tariffs hurt more than they help. While the levies could save as many as 33,000 jobs in the steel and aluminum industries, this comes at a great cost. Downstream industries that use steel and aluminum, such as automobiles, construction, and food and beverage production, will face higher costs. These will be passed on to consumers with higher prices, and could cost those other industries an estimated 179,000 jobs. In other words, the Trump administration is willing to shed five jobs to save one job.

Tariffs invite retaliation. Mexico has already announced it will introduce retaliatory tariffs. Affected goods range from pork bellies to cheese and steel. Europe is placing levies on iconic products such as Kentucky bourbon (Senate Majority Leader Mitch McConnell’s home state), blue jeans (Levi’s is from San Francisco, House Minority Leader Nancy Pelosi’s hometown), and motorcycles (Harley-Davidson is from Wisconsin, Speaker Paul Ryan’s home state). Canada announced intentions to impose $12.8 billion in retaliatory tariffs against U.S. goods.

The Trump administration’s unpredictability is creating economic uncertainty. And uncertainty has a chilling effect on investment. While the economy is doing well right now, this uncertainty could hurt down the road. After all, there’s no sense making a long-term investment if there is a very real possibility the administration might pass some policy out of the blue that kills your market. It is hardly surprising that the Dow Jones Industrial Average fell 200 points when the new tariffs were announced, despite steel stocks going up.

Economists are virtually united as a profession against the new tariffs. A March 2018 University of Chicago Booth School survey of professional economists found not a single respondent agreeing with the statement “Imposing new US tariffs on steel and aluminum will improve Americans’ welfare.” When the National Taxpayers Union circulated a letter opposing the Trump administration’s protectionist turn, more than 1,100 economists signed on (I am one of them).

One of the Trump tariffs’ few defenders is Peter Navarro, one of the president’s economic advisers. Even in the White House, Navarro cuts a lonely figure, with other presidential advisors such as Larry Kudlow openly preferring more open trade policies. Still, if Navarro has only one ally, he has the one who counts: President Trump.

Navarro defended the new steel and aluminum tariffs in a May 31 USA Today piece. Both what he said and what he didn’t say are revealing.

By way of background, Henry Hazlitt’s famous Economics in One Lesson is a simple one, and very relevant to this discussion: “The art of economics consists in looking not merely at the immediate but at the longer effects of any act or policy; it consists in tracing the consequences of that policy not merely for one group but for all groups.” (p. 17)

If you want the even shorter version: look at how a policy affects all people, not just some; and look at both short-term and long-term effects. Not one or the other; both. Hazlitt’s Lesson is a must-read for any aspiring economist. It is regularly assigned in college courses, and has remained continuously in print since 1946. The paperback edition published in 1988 boasts of having sold a million copies—and that was thirty years ago. Despite Hazlitt’s ubiquity, Navarro, who was a college economics professor before taking his current job, makes it clear he has either never read, or never understood Hazlitt’s basic lesson.

Navarro opens by praising his boss, then segues to a story about a new aluminum mill opening up in Ashland, Kentucky. He also gives examples of several other plants that will be opening in the near future.

In fact, the groundbreaking ceremony at the Ashland mill will be held today. While this is great timing for an op-ed newshook or a press conference, if the groundbreaking is only happening now, that means that the planning process for opening this mill began long before the new aluminum tariff was proposed, and likely before the Trump administration itself. Infrastructure and environmental impact reviews, among other regulatory hurdles, often take years to complete. So Navarro’s lead anecdote does not actually help his case.

The larger problem is that this anecdote and the others Navarro shares look only at how the tariffs affect some people, and not all people; he forgets his Hazlitt. There is a reason Navarro argues by anecdote, and not with data: the data say that tariffs are bad policy. This particular round of tariffs will cost roughly five jobs for each one saved or created. To benefit 33,000 steel and aluminum jobs, Navarro must be willing to destroy 179,000 jobs elsewhere in the economy, and charge higher prices to more than 300 million consumers, and reduce by billions of dollars the amount of capital available to other economic sectors. This is all because he forgets to look beyond those immediate short-run benefits to a favored few. The wider costs to the rest of the economy in the long run are less visible than the freshly cut ribbon in Ashland, Kentucky, but they are no less real.

Navarro also ignores consumers. And remember, the whole point of economic production is to create things consumers want. Producers exist for consumers’ sake, not vice versa. He does mention consumers once in his piece: “Critics at the time warned the move would hurt consumers, but the tariffs have been a boon to the U.S. worker.” By the time Navarro is done with the economy, it may well have just one worker left with a job, who then literally would be “the U.S. worker.”

Grammatical gripes aside, notice that Navarro deliberately chooses the word “worker” and not “consumer” when he says who gets the boon. He then goes on to not describe how tariffs help consumers. He can’t, because they don’t. So he changes the subject. But Navarro’s elision doesn’t change the fact that higher steel prices mean cars will be more expensive, construction costs will be higher, and so will rents for stores and apartments.

Higher aluminum prices will likely add about a penny to the cost of a twelve-ounce aluminum can. Paying an extra quarter or so for a 24-pack of Diet Coke doesn’t sound like a lot, but it adds up on a family’s grocery bill, especially in the long run that Navarro ignores.

The craft beer industry is scared that its comparatively expensive products will become still more expensive compared to its larger competitors, costing the industry jobs, and depriving consumers of choices they might otherwise enjoy. For smaller producers who operate on thin margins, Trump’s tariffs are an existential threat. Producers are already looking at alternative packaging materials such as plastic and glass bottles, which would hurt the very aluminum industry the administration intends to help. Navarro does not mention these downstream industries harmed by the tariffs.

One of the strongest arguments at Navarro’s disposal is the national security argument. For example, the Defense Department requires an enormous amount of steel for its aircraft carriers, fighter jets, military bases, and more. That’s why the U.S. steel industry needs to be healthy and vibrant—if, during a war, steel imports get cut off, domestic production could mean the difference between victory and defeat. Fortunately, some simple math defuses this bomb, assuming it wasn’t a dud in the first place.

Imports currently account for roughly 30 percent of steel used in the United States. That means domestic production is roughly 70 percent. The military needs roughly 3 percent, or less than a twentieth of domestic production alone. In fact, without the new tariffs, domestic steel production is already above its 40-year average, and U.S. manufacturing output as a whole is near a record high. So the national security implications of the new tariffs are approximately zero. They can safely be called security-unrelated tariffs.

It is possible that Navarro knows better. In a May 31 conference call about the decision to enact the tariffs, one caller asked Navarro if he was open to retrospective review of the tariffs. In other words, once the tariff has been in place for a few years and there is real-world data on how it is working, would Navarro be open to analyzing what the effects have been, and whether they were good or bad on net? He refused to answer.

If Navarro was truly confident that steel and aluminum tariffs would benefit the economy, he’d be eager to put them to the test. Since his own profession is almost unanimously against him, surely he would welcome the chance to rub it in his opponents’ faces. But he isn’t, and that says a lot.

I’m not sure which possibility says worse of Navarro: if he genuinely believes what he says, or if he doesn’t. Either way, while a small constituency will benefit in the short term from the new tariffs, the larger American economy will suffer, as will our allies. And as Hazlitt reminds us, this will be true in both the short run and the long run. Someone really should send Navarro a copy of Hazlitt. The White House’s address is 1600 Pennsylvania Avenue NW, Washington, DC, 20500, c/o Peter Navarro.

For more in-depth looks into Navarro’s mistaken trade ideology, see here by me and here by Adam Smith. An Investor’s Business Daily editorial quotes me on the new tariffs here. And CEI’s press release on the new tariffs is here.

This Week in Ridiculous Regulations

Despite a four-day workweek, federal agencies still exceeded the previous week’s Federal Register page count by nearly a hundred pages, pushing the yearly total past the 25,000 mark. While tariffs and automobile bans dominated the news last week, under-the-radar new regulations also passed, ranging from spinach proteins to newspaper registration.

On to the data:

  • Last week, 58 new final regulations were published in the Federal Register, after 68 the previous week.
  • That’s the equivalent of a new regulation every two hours and 54 minutes.
  • Federal agencies have issued 1,357 final regulations in 2018. At that pace, there will be 3,201 new final regulations. Last year’s total was 3,281 regulations.
  • Last week, 1,144 new pages were added to the Federal Register, after 1,046 pages the previous week.
  • The 2018 Federal Register totals 25,829 pages. It is on pace for 60,918 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Two such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2016’s economically significant regulations is $215 million.
  • Agencies have published 46 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 224 new rules affect small businesses; 11 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see “Ten Thousand Commandments” and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

Agencies took it comparatively easy in the leadup to the long Memorial Day weekend, though the Federal Aviation Administration and Coast Guard were busy with rules for travelers and revelers, mostly in the form of airworthiness requirements and safety zones near fireworks shows and other events. Other new regulations hitting the books ranged from trans fats to wireless microphones.

On to the data:

  • Last week, 68 new final regulations were published in the Federal Register, after 62 the previous week.
  • That’s the equivalent of a new regulation every two hours and 28 minutes.
  • Federal agencies have issued 1,299 final regulations in 2018. At that pace, there will be 3,184 new final regulations. Last year’s total was 3,281 regulations.
  • Last week, 1,046 new pages were added to the Federal Register, after 1,169 pages the previous week.
  • The 2018 Federal Register totals 24,385 pages. It is on pace for 59,768 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Two such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2016’s economically significant regulations is $215 million.
  • Agencies have published 45 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 217 new rules affect small businesses; 11 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see the study “Ten Thousand Commandments” and follow @10KCand @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

It was a relatively slow week, with 44 proposed regulations and 62 final regulations, though the Supreme Court did rule the federal ban on sports gambling unconstitutional. New rules from the last week range from flying aliens to a cactus status.

On to the data:

  • Last week, 62 new final regulations were published in the Federal Register, after 78 the previous week.
  • That’s the equivalent of a new regulation every two hours and 43 minutes.
  • Federal agencies have issued 1,231 final regulations in 2018. At that pace, there will be 3,175 new final regulations. Last year’s total was 3,281 regulations.
  • Last week, 1,169 new pages were added to the Federal Register, after 2,270 pages the previous week.
  • The 2018 Federal Register totals 23,339 pages. It is on pace for 60,153 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Two such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2016’s economically significant regulations is $215 million.
  • Agencies have published 44 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 200 new rules affect small businesses; 11 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see the study “10,000 Commandments” and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

The big news from last week was the release of the spring edition of the twice-yearly Unified Agenda, which lists all planned agency regulations currently in the pipeline. Wayne Crews offers his take here and here. The 2018 Federal Register also zoomed past the 20,000-page mark, adding more than 10 percent to its total page count last week. New rules range from menu labeling to sea turtle observers.

On to the data:

  • Last week, 78 new final regulations were published in the Federal Register, after 63 the previous week.
  • That’s the equivalent of a new regulation every two hours and 9 minutes.
  • Federal agencies have issued 1,169 final regulations in 2018. At that pace, there will be 3,177 new final regulations. Last year’s total was 3,281 regulations.
  • Last week, 2,270 new pages were added to the Federal Register, after 1,177 pages the previous week.
  • The 2018 Federal Register totals 22,170 pages. It is on pace for 60,245 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Two such rules have been published this year, one in the last week.
  • The running compliance cost tally for 2016’s economically significant regulations is $215 million.
  • Agencies have published 40 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 186 new rules affect small businesses; 10 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see the study “10,000 Commandments” and follow @10KC and @RegoftheDay on Twitter.

Dad Jokes in Economics

Even trade economists are not immune to making the occasional awful pun.

“Poland’s exports of golf carts to the United States were challenged on anti-dumping grounds… the Poles did not even play golf, so there were no domestic prices to work with: the Poles had put the cart before the course.”

-Jagdish Bhagwati, Protectionism (1988), p.51.

This Week in Ridiculous Regulations

It is now May, and still only one economically significant (costing $100 million or more per year) regulation has been issued this year. With the 2018 Federal Register poised to break the 20,000-page mark as soon as Monday, new finalized rules from the last week range from naming crabmeat to air taxis.

On to the data:

  • Last week, 63 new final regulations were published in the Federal Register, after 65 the previous week.
  • That’s the equivalent of a new regulation every two hours and 40 minutes.
  • Federal agencies have issued 1,091 final regulations in 2017. At that pace, there will be 3,136 new final regulations. Last year’s total was 3,281 regulations.
  • Last week, 1,177 new pages were added to the Federal Register, after 1,222 pages the previous week.
  • The 2018 Federal Register totals 19,900 pages. It is on pace for 58,184 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. One such rule has been published this year, none in the last week.
  • The running compliance cost tally for 2018’s economically significant regulations is $115 million.
  • Agencies have published 37 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 171 new rules affect small businesses; 9 of them are classified as significant.

Highlights from selected final rules published last week:

  • The legal name for a kind of crabmeat.
  • The Federal Communications Commission wants to make it easier for communities to build 5G networks.
  • New regulations for donated food.
  • compliance guide for small businesses working with the Defense Department and the General Services Administration. “It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005-98, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared.”
  • Regulations for air taxis.
  • Serving sizes for breath mints and other foods.

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Regulatory Reform in Congress Regulatory Reform in Congress

While the president’s initial flurry of executive orders enacting some regulatory reforms was a pleasant surprise, the next president can undo them with the stroke of a pen. Permanent reforms require Congress to pass legislation. With a possible party change looming in one or both chambers of Congress, it might be now or never for substantive regulatory reforms to become law for the foreseeable future. If Congress and the president are as serious as they say about regulatory reform, here’s a short to-do list for the rest of the year:

  • REINS Act: This bill, which has passed the House four times now, would require Congress to vote on all new regulations costing more than $100 million per year. The goal is to increase elected officials’ oversight over unelected agency officials’ rulemaking. See also my paper on REINS here.
  • Regulatory Accountability Act: This bill, which has passed the House, packages six reform bills in one. Reforms include stricter disclosure requirements for agencies regarding new rules; making judicial review of regulations easier; stricter disclosure for rules affecting small businesses and non-profits; require benefit-cost analysis for more regulations; monthly agency reports on upcoming regulations and other activities; and require a plain-language 100-word summary for proposed new regulations.
  • Regulatory Improvement Act: This bill would establish an independent commission to comb through select parts of the 178,000-page Code of Federal Regulations. The Commission would send Congress an omnibus package of redundant, obsolete, or harmful rules to eliminate. The RIA’s lead sponsor is a Democrat, which might make Republicans squeamish about giving the other team a victory. But they should pass the bill anyway. Not only would this be a positive political gesture, it’s a needed housekeeping chore that deserves to be expanded upon in future sessions of Congress.
  • GOOD Act: Neither chamber has passed this bill yet. It would alleviate the problem of regulatory “dark matter” by improving access to guidance documents that agencies issue. Agencies sometimes circumvent the legally required notice-and-comment rulemaking process by simply inserting regulations into these guidance documents.

These reforms are not a silver bullet, and will not significantly reduce the size or scope of the $1.9 trillion federal regulatory state. But by improving oversight, transparency, and accountability, they provide a needed foundation for other reforms, such as a regulatory budget and regular retrospective review of existing rules. Keep an eye on this space for future developments and reform ideas, as well as this year’s edition of “10,000 Commandments.”

This Week in Ridiculous Regulations

The number of new final regulations passed the 1,000 mark last week, with new rules ranging from sending mail to human reliability programs.

On to the data:

  • Last week, 65 new final regulations were published in the Federal Register, after 61 the previous week.
  • That’s the equivalent of a new regulation every two hours and 35 minutes.
  • Federal agencies have issued 1,028 final regulations in 2017. At that pace, there will be 3,134 new final regulations. Last year’s total was 3,281 regulations.
  • Last week, 1,222 new pages were added to the Federal Register, after 1,827 pages the previous week.
  • The 2018 Federal Register totals 19,088 pages. It is on pace for 58,196 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. One such rule has been published this year, none in the last week.
  • The running compliance cost tally for 2016’s economically significant regulations is $115 million.
  • Agencies have published 33 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 161 new rules affect small businesses; 8 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see “10,000 Commandments” and follow @10KC and @RegoftheDay on Twitter.

Some Context for the Astronomical Cost of Government Regulation

There is no accounting for taste. To some extent, the same is true of regulatory costs—both are subjective. This year’s edition of the study “10,000 Commandments,” for example, estimates the federal regulatory burden at $1.9 trillion per year. But a 2014 estimate from the National Association of Manufacturers pegs the cost at $2.029 trillion. Meanwhile, the Office of Management and Budget, in a report that anti-market folks like to cite, estimates the annual burden to be between $78 billion and $115 billion. Of course, to get the number this low, OMB analysts counted only regulations passed during 2006-16 that met the legal definition of “major,” which is a small percentage of all rules.

While my colleague Wayne Crews’s $1.9 trillion figure is ultimately an educated guess, it is based on the government’s own guesses, so it’s probably the least controversial available estimate. It is also almost surely an undercount. Opportunity costs such as products never invented, factories never built, and chances never taken all defy calculation. But you can only fight the battle with the army you have, so let’s stick with the $1.9 trillion figure for now. Since any number with that many zeroes and commas in it is difficult for the human mind to process, let’s put it in a more digestible way. With $1.9 trillion you could:

  • Buy 23,750 Boeing 737 planes
  • Fund 4,000 space shuttle launches
  • Buy Van Gogh’s “Starry Night” 19,000 times
  • Buy nearly 5,500 Hope diamonds

Another way to picture regulatory costs is to ask how much they cost the average household. That number is about $15,000 per year. With that kind of extra money lying around, every household in America could:

  • Buy last year’s Honda Civic… every year.
  • Fly round-trip to Dubai in first class… every year
  • Buy 23 iPhone 7s… every year.
  • Buy 21 pairs of Louboutins… every year

Instead, we pay for everything from ensuring the holes in Swiss cheese are just the right size, that drawbridges go up and down on federally set schedules, and new life saving drugs will take a decade or more to come to market.

Finally, note that these costs are for federal rules only. State and local regulations cost extra.

For more on the true cost of regulation—so far as such a thing can be calculated—see the 2018 edition of “10,000 Commandments” and my recent op-ed with Wayne Crews in USA Today.