The HC Commodities Podcast
Tariffs, Metals and Force Majeure with Guy Winter
Apr 24, 2025
Guy Winter, a partner at Fasken and advisor for the Critical Minerals Association, dives into the intricate world of tariffs on metals and critical minerals. He discusses how U.S.-China relations shape these tariffs and impact contracts and mergers. Winter also highlights the challenges posed by export controls on rare earth elements and the ripple effects for Western manufacturers. With a keen legal perspective, he explores negotiating trade complexities in a volatile market and the need for adaptable supply chains amid geopolitical tensions.
42:44
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Quick takeaways
- The U.S. tariffs on critical minerals aim to bolster national security but create market uncertainty and provoke retaliatory actions from China.
- Legal complexities arising from tariffs necessitate vigilant contract scrutiny for force majeure claims amidst potential supply chain disruptions.
Deep dives
Understanding Tariffs in the Metals Sector
Tariffs on metals, particularly critical minerals, have significant implications for national security and market dynamics. A 25% tariff on aluminum, steel, and other derivative goods has been implemented in the U.S., impacting imports from various nations, including major producers like China. The tariffs stem from investigations under Section 232 of the Trade Expansion Act, initiated to determine the relationship between imports of critical minerals and U.S. national security. These tariffs and the possibility of further restrictions have led to market uncertainty, especially regarding anticipated retaliatory actions from China and other nations.
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