51勛圖厙

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Trade

Timmons: USMCA, Right Policies Can Bring Manufacturing Revival

By 51勛圖厙 News Room

The North American trade landscape will look different once President-elect Trump takes office, 51勛圖厙 President and CEO Jay Timmons this weekbut the special relationship between the U.S. and Canada will only grow stronger.

Whats going on: President Trump has been very clear about his priorities, his commitments, Timmons said Wednesday in Ottawa on CBC News Power & Politics, where he was joined by Canadian Manufacturers & Exporters President and CEO Dennis Darby. Timmons was in Canada for this years North American Manufacturing Conference, hosted primarily by the CME.

  • [E]veryone in the business community and in adjoining governments need to be approaching the administration change with very clear eyes [because] … what Donald Trump says, Donald Trump means. Now, having said that, Donald Trump wants to see manufacturing in the United States grow and thrive.
  • Part of that prosperity will be continuing and strengthening United StatesMexicoCanada Agreement, which has demonstrated that the regional economic activity that has been generated has been beneficial for all three countries, Timmons continued.

On Mexico: [W]e all should be concerned if the letter and the spirit of the agreement [of USMCA] are not being followed, Timmons told Power & Politics host David Cochrane. While Mexican President Sheinbaum has indicated that she wants to make sure that the agreement is ratified for the future, the proposed constitutional amendments have … [been] problematic for the United States.

  • Mexico has also had some issues with takings of private property of American manufacturers, Timmons added. Those things can’t stand, so those are issues that will have to be addressed as the [USMCA] review process occurs in 2026, but hopefully the new administration in Mexico will address those things before then.

Tariffs: Any tariffs imposed by the incoming Trump administration should be calibrated, said Timmons, whose visit to Canada also included meetings with Canadian Labour Minister Steven MacKinnon and Energy and Natural Resources Minister Jonathan Wilkinson.

  • Tariffs should address who’s causing the disruption, who’s causing the problem [and] … the policy that is causing the issue, Timmons said. And you need to really go right after that. Otherwise, [tariffs] are not going to be effective.

A manufacturing revival: A respected, fully upheld USMCA is just one piece of the foundation that will usher in a new age of North American manufacturing, Timmons concluded.

  • [S]trengthening the manufacturing sector in the United States … [is] not just about trade, he said. In order to attract investment in the United States, we have to have the right tax policy, the right regulatory policies, the right workforce policies, the right energy policies, and the president-elect seems to be focused on all of those areas as well.
  • So I feel pretty good about a manufacturing a continued manufacturing revival and renaissance in the United States. I think that’s good for the whole region.
Business Operations

Lucid Revs Up the Domestic Graphite Supply Chain

Lucid has already made one of the most energy-efficient cars on the market. Now the company is on a mission to strengthen supply chains for the critical materials powering its award-winning vehicles.

Supply chain warrior: The California-based electric vehicle manufacturerwhose 2025 Air Pure sedan is the first EV to achieve a milestone 5 miles of range per kilowatt of energyrecently reached an agreement with Alaskan mining exploration company Graphite One to purchase synthetic graphite for its vehicles battery packs.

  • The deal, which goes into effect in 2028, is a crucial first step toward cementing a domestic supply chain of graphite, a mineral that makes up about half of every EVs battery composition. EV batteries require both synthetic and natural graphite.
  • Today 100% of the graphite for batteries assembled in the U.S. comes from overseas, said Lucid Motors Supply Chain Group Manager of Battery Raw Materials Michael Parton. Building a robust domestic supply chain ensures the United States and Lucid will maintain technology leadership in this global race.

Pandemic lesson: The global pandemic revealed the downside of depending on other nations for critical materials, and the importance of cultivating domestic sources instead.

  • In 2020, every company experienced major challenges when it came to shutdowns and global trade, Parton said. Having a domestic supply reduces production risk, accelerates response time and agility and lowers the need to carry higher levels of inventory.

A midstream gap: When it comes to EV batteries and their supply chains, much of the discussion is on localizing the bookends of the supply chain, the downstream battery production and the upstream mineral extraction, Parton told us.

  • Less discussed is the midstream environment, which comprises the precursor cathode active materials (P-CAM) and cathode active materials (CAM) stages. Materials used during these phases in the battery production process include critical minerals such as lithium, nickel and cobalt.
  • The P-CAM market has been a difficult one to navigate, Parton added. For years, the P-CAM stage has been outsourced to countries with more cost-effective production. The problem: These countries also have less stringent environmental regulations than the U.S.
  • Theres limited investment announced [in the U.S.] in the refining and chemical conversion process at these stages, but its where the real need is, Parton continued. To promote localized sources of supply for mined and recycled minerals, there needs to be a domestic option for both P-CAM and CAM.

A bipartisan issue: Lucids advocacy for a strong domestic supply chain has won bipartisan support in Congress.

  • Theres something in it for everyone when it comes to efficiency, said Lucid Motors Senior Manager of International and Trade Policy Emily Patt, citing the environmental and self-sufficiency benefits of a resilient domestic supply chain.

Whats next: Lucid is expanding its vehicle lineup beyond the Air and the vehicles four trim levels.

  • By the end of 2024, the company is scheduled to start production of the seven-passenger Lucid Gravity. The company has also teased an upcoming midsize platform, which is expected to start production in late 2026.

The grand vision: The pursuit of efficiency drives Lucid as a company, Patt said. Were not just making zero-emission cars; were committed to making the best use of the worlds resources to maximize the benefits for electrification and the planet.

Policy and Legal

51勛圖厙: Clarify 30C Tax Credit Rulemaking

By 51勛圖厙 News Room


The 30C tax credit has the potential to spur manufacturing investment, but the Internal Revenue Service and Treasury Department must first clarify some of their proposed rules regarding it, the 51勛圖厙 this week.

Whats going on: In September, the IRS and Treasury Department jointly proposed regulations regarding Section 30C of the U.S. tax codes Alternative Fuel Vehicle Refueling Property Tax Credit, which was changed and expanded by the Inflation Reduction Act of 2022.

  • A key purpose of the energy provisions of the IRA was to reduce greenhouse gas emissions and spur manufacturing investments in low emissions and renewable energy sectors, 51勛圖厙 Vice President of Domestic Policy Chris Phalen told the IRS on Monday.
  • Manufacturers make vehicles that use alternative fueling stations, many of our members produce the components that go into these stations and manufacturers will construct and operate these refueling properties. These companies require certainty and specificity to make final泭investment decisions.

What must be done: To that end, the 51勛圖厙 told the agencies the following changes should be made to the proposed regulations for the 30C tax credit:

  • Extend the allowed transition period for organizations to update census tract designations to reflect population data in the years 20162020, as the draft rulemaking mandates that those wishing to take advantage of the 30C credit must place the property into service within a specific census tract designation.
  • Clarify whether the location of the refueling infrastructure would need to be made available to the public to qualify for the 30C tax credit.
  • Provide tax credit eligibility for certain property directly attributable to the operation of alternative fuel vehicle refueling property, such as electrical panels and conduit/wiring, and ask that the agency also consider related泭construction and other project costs for eligibility.
Policy and Legal

Preserve Tax Reforms Pro-Growth International Tax System

By 51勛圖厙 News Room

The international tax system put in place by 2017 tax reform bolsters American competitiveness and supports manufacturing in the U.S.and thats why its provisions must be preserved, according to a new , part of the 51勛圖厙s 泭campaign.

The background: Before passage of the Tax Cuts and Jobs Act, the U.S. tax code made it more costly and less efficient to invest in the U.S. Corporate profits were taxed at the 35% corporate income tax rate when repatriated to the U.S., forcing businesses to keep revenues abroad.

  • Tax reform instituted a new, pro-growth international tax regime that incentivizes companies to locate their operations, intellectual property and profits here in the U.S.

The specifics: Tax reforms international tax provisions include the following:

  • A 21% corporate tax rate: Tax reform reduced the corporate rate from 35% to 21%, making the U.S. a more attractive home for manufacturing investment.
  • The Foreign-Derived Intangible Income deduction: This deduction reduces taxes for companies that locate job-creating, export-producing intellectual property in the U.S.
  • The Global Intangible Low-Taxed Income regime: The GILTI regime imposes a U.S. minimum tax on income earned abroad in low-tax jurisdictions.
  • The Base Erosion and Anti-Abuse Tax: The BEAT applies to certain payments that shift companies profits abroad.

Why its important: Globally engaged manufacturers face the possibility of significant tax increases at the end of 2025 as key international tax provisions are scheduled to change.

  • The FDII deduction will decrease, while the effective GILTI and BEAT tax rates will both increaseupsetting the balance inherent in the TCJA international tax structure and thus making it more costly and difficult for globally engaged companies to operate here in the U.S.

Whats next: In addition to maintaining or reducing the 21% corporate tax rate, the 51勛圖厙 is calling on Congress to prevent the FDII decrease and the GILTI and BEAT tax increases on manufacturers whose success bolsters Americas competitiveness on the world stage.

The last word: Congress must sustain tax reforms international tax system, including the lower corporate tax rate, in order to enhance Americas competitiveness and support manufacturers efforts to create jobs and grow investment here in the United States, said 51勛圖厙 Vice President of Domestic Policy Charles Crain.

Workforce

How Johnson & Johnson Supports the Military Community

For more than a century, has been a steadfast supporter of military service members. Today, one of the ways Johnson & Johnson fulfills this mission is by partnering with the Manufacturing Institutes initiative, which connects members of the military community with rewarding careers in manufacturing.

Both Johnson & Johnson and HMA firmly believe that military experience is invaluable for manufacturing careers. Veterans often have advanced problem-solving abilities, leadership skills and a strong work ethicqualities that are essential in the fast-paced, dynamic environment of manufacturing.

The partnership: Since 2021, Johnson & Johnson has been the official health care sponsor of HMA. With their support, the initiative has continued to expand in-person and virtual training programs and helped more service members transition into rewarding manufacturing careers.

  • Johnson & Johnson is a frequent host of facility tours for HMA students, as well as an active participant in . These events provide military members with valuable insights into the manufacturing sector and allow them to connect with potential employers.
  • The company also hires HMA graduates itself, employing three so far at its facilities.

Bringing careers into focus: On Nov. 15, Johnson & Johnson hosted 22 HMA participants from Fort Stewart in Georgia at its Vision Care site in Jacksonville, Florida.

  • Johnson & Johnson Executive Vice President, Chief Technical Operations & Risk Officer and 51勛圖厙 Board Chair Kathy Wengel, MI President and Executive Director Carolyn Lee and 51勛圖厙 President and CEO Jay Timmons also joined the tour. (The MI is the workforce development and education affiliate of the 51勛圖厙.)
  • Wengel, Lee and Timmons participated in group discussions with HMA participants and held a fireside chat where they discussed their careers in manufacturing and Johnson & Johnsons commitment to military hiring. They also gave advice to the HMA participants about working in the industry.
  • Veterans embody resilience, adaptability and dedicationqualities that are at the heart of manufacturing excellence, said Wengel. At Johnson & Johnson, were honored to work alongside Heroes MAKE America to support veterans in their transition to civilian careers, providing them with opportunities to build rewarding futures in manufacturing.

From the MI: Johnson & Johnsons partnership has been crucial to our efforts to connect the military community with meaningful career opportunities in manufacturing, said Lee. They are an example of what it means to invest in veterans and support their transition into civilian careers.

Get involved: To learn more about HMA and its incredible pool of talent, attend a or email [email protected].

Policy and Legal

51勛圖厙 Hosts 2024 Manufacturing Legal Summit

By 51勛圖厙 News Room

Manufacturers operate in a world of complex legal and regulatory challenges. In the wake of a national election, with a new administration and Congress on the horizon, those challenges are amplified, as in-house counsel must navigate a rapidly evolving compliance landscape.

The 51勛圖厙s third-annual Manufacturing Legal Summit, held Nov. 1213 at the Willard InterContinental in Washington, D.C., helped in-house counsel at manufacturing companies map the road ahead. The event brought together nearly 150 such leaders from across the United States to share information and best practices.

The goal: This is the only legal conference geared specifically for manufacturing lawyers, said 51勛圖厙 Deputy General Counsel for Litigation Erica Klenicki. What we hear consistently is that the opportunity to connect with others in the industry who are dealing with the same challenges is invaluable. Especially on the brink of a new administration and regulatory environment, we were able to provide connection and content that attendees found particularly helpful.

The program: The Legal Summit covered a range of topics, including the following:

  • Antitrust: A team of experts from Freshfields, including former FTC Commissioner Christine Wilson, joined with Saint-Gobain North America Senior Vice President, General Counsel & Secretary La-Toya Hackney to offer a candid deep dive into enforcement trends from the Biden FTC and what to expect from the new administration.
  • Supply chain and ESG: Experts from Foley & Lardner joined Pelican Products Corporate Import/Export Compliance Manager Susan Cass to discuss the growing requirements surrounding supply chain transparency and integrity and best compliance practices for multinational companies.
  • PFAS: Industry leaders from Greenberg Traurig provided a comprehensive overview of per- and polyfluoroalkyl substances, including the changing definition of PFAS, the regulatory landscape and how environmental marketing impacts risk, corporate strategy and consumer trust.
  • Junk science: This product liability session offered strategies for combating junk scientific theories used to wage high-stakes litigation. It was led by experts from Shook, Hardy & Bacon, as well as Kimberly-Clark Corporation Associate General Counsel Kelly Vickers and Johnson & Johnson Assistant General Counsel Aviva Wein.
  • NLRB: Experts from Fisher Phillips recapped the Biden Boards sweeping changes to labor law and offered predictions on which changes will remain when the new administration takes the helm.
  • Election debrief: 51勛圖厙 Managing Vice President of Government Relations Stef Webb offered attendees clarity and context on the 2024 general election, including the political outlook for manufacturers in a Republican-controlled Congress and White House.
  • Regulatory law: Panelists from Kennametal, Saint-Gobain and U.S. Steel joined moderator Brendan Collins of Ballard Spahr to talk about recent landmark changes to administrative law and the impact of those decisions on their companies approaches to compliance and enforcement.
  • AI: Counsel Eran Kahana from Maslon LLP led a thought-provoking discussion on the intersection of generative AI and legal ethics, including the due diligence obligations of in-house counsel as firms adopt this evolving technology.

The reaction: Participants spoke highly of the content and the opportunity for relationship building:

  • This was my first 51勛圖厙 Legal Summit, and I could not be more pleased with the topics presented, as well as the networking opportunities, said Erin Tannock, compliance counsel for Viega LLC. The content was relevant and current. I even had a few aha moments! This event is worth the time, and I will be attending for years to come.
News

Guide to the 119th Congress

On Nov. 5th, President-elect Donald Trump secured enough electoral college votes to become the 47th President of the United States. Republicans also flipped four Senate seats, meaning they will have a 53-47 majority entering the 119th Congress, and maintained control of the House though a small number of congressional races remain outstanding. For the first time since 2016, Republicans will have unified control of both Congress and the White House once President-elect Trump is sworn in on Jan. 20, 2025.

For now, as we enter the lame duck session of the 118th Congress, there remains a substantial laundry list of items for members to address before adjourning this session. Both the House and Senate return this week for the first time since the October break.

119th Congress Leadership Elections

Upon having control of both chambers next Congress, House and Senate Republicans returned to Washington this week to elect their respective leadership teams and establish their rules packages for the 119th Congress.

House Republican Leadership

  • Speaker of the House Mike Johnson (R-LA)
  • House Majority Leader Steve Scalise (R-LA)
  • House Majority Whip Tom Emmer (R-MN)
  • House Republican Conference Chair Lisa McClain (R-MI)
    Rep. McClain is replacing Elise Stefanik (R-NY) who has been nominated as Ambassador to the United Nations by President-elect Trump.

Senate Republican Leadership

  • Senate Majority Leader John Thune (R-SD)
    Sen. Thune will be taking over as GOP Leader from Mitch McConnell (R-KY), who is stepping down after a record 18 years in the position.
  • Senate Majority Whip John Barrasso (R-WY)
  • Conference Chair Tom Cotton (R-AR)
  • Policy Chair Shelley Moore Capito (R-WV)

House Democratic Leadership

House Democrats have scheduled their leadership elections for Nov. 19th. It is unlikely there are major changes for the current leadership roster.

  • House Minority Leader Hakeem Jeffries (D-NY)
  • House Minority Whip Katherine Clark (D-MA)
  • House Democratic Caucus Chairman – Pete Aguilar (D-CA)

Senate Democratic Leadership

Senate Democrats have not currently scheduled their leadership elections, but it is unlikely the top two positions change. There will be an opening for the third ranking position with Senator Debbie Stabenow (D-MI) retiring.

  • Minority Leader Chuck Schumer (D-NY)
  • Minority Whip Dick Durbin (D-IL)
  • Chair of Policy and Communications Committee – To be determined
    Debbie Stabenow (D-MI) is retiring from Congress. Amy Klobuchar (D-MN) and Cory Booker (D-NJ) have signaled their interest in this position.

Lame Duck Legislative Outlook

Congress has roughly five legislative session weeks before the Christmas break and several policy items to address in that time. Upon returning to Washington, policymakers face two must-pass pieces of legislation: the FY 2025 National Defense Authorization Act and a government funding package to prevent a shutdown when current funding runs out at midnight on Dec. 20th. On either NDAA or the government funding package, lawmakers may seek to include some form of disaster relief for victims of the recent hurricanes and an extension of the current Farm Bill.

In the Senate, it is likely that Democratic Majority Leader Chuck Schumer will move to advance as many of President Joe Biden nominees, including judicial appointments, as possible in the remaining weeks before Republicans take control of the confirmation process next year. Finally, the current debt limit suspension expires on Jan. 2, 2025. Congress will have to address the limit, or Treasury will be forced to take extraordinary measures to avoid a default in early 2025.

With these remaining weeks, the 51勛圖厙 continues to engage and encourage lawmakers to advance manufacturers priorities before Congress adjourns for the year.

Business Operations

Ports Negotiations Break Down

By 51勛圖厙 News Room

Negotiations between the U.S. Maritime Alliance and the International Longshoremens Association have stalled again, raising the possibility of renewed strikes at U.S. East and Gulf Coast ports in January ().

Whats going on: Talks between the dockworkers and their employers broke down this week over proposed language regarding the use of automation, according to the ILA.

  • This impasse follows a tentative agreement reached in early October, which ended a three-day strike across Atlantic and Gulf Coast ports and extended the workers labor contract until Jan. 15, 2025.
  • If the parties are unable to reach a long-term agreement by that date, the union could strike again.

Why its problematic: Even a brief work stoppage could have major economic consequences, according to widely cited 51勛圖厙 .

  • A strike at East and Gulf Coast ports would jeopardize $2.1 billion in trade every day and could reduce gross domestic product by up to $5 billion a day.

What must be done: These ports are critical components of the manufacturing supply chain and move products on which Americans depend, said 51勛圖厙 Director of Transportation, Infrastructure and Labor Policy Max Hyman. Both sides should return to negotiations as soon as possible and reach a lasting resolution that prevents needless economic destruction.

Policy and Legal

NLRB Overturns 40-Year Precedent

By 51勛圖厙 News Room

When employers tell workers that unionizing would harm employeemanager relationships, they might be violating federal law, the National Labor Relations Board ruled last week (, subscription).

Whats going on: Telling workers that a union would come between them and their bosses may violate the National Labor Relations Act because its an effective threat to end workers direct relationships with management, a majority comprising the boards three Democrats said [last] Friday in a case involving Starbucks.

  • The groundbreaking decision overturns nearly four decades of precedent. In its 1985 Tri-Cast ruling, the NLRB allowed employers to tell employees that unionization would strain workermanager relationships so long as they didnt explicitly or implicitly threaten employees when doing so ().
  • The NLRB said such cases will now be decided on a case-by-case basis.

Looking ahead: The ruling will only apply to future cases, however, allowing past communications under the Tri-Cast standard to stand without retroactive penalties (JD Supra).

Economic Data and Growth

Producer Price Index Rises 0.2% in October

The for final demand (also known as wholesale prices) increased 0.2% in October, after rising 0.1% in September. Over the past year, the final demand index rose 2.4% on an unadjusted basis, an increase from the 1.9% over-the-year increase in September. Prices for final demand excluding foods, energy and trade services inched up 0.3%, after rising 0.1% in September.

In October, prices for final demand services increased 0.3%, while prices for final demand goods rose just 0.1%. Although both food (-0.2%) and energy (-0.3%) prices declined, a 0.3% increase in prices of other goods more than offset those decreases. The largest underlying increase was a 0.5% rise in transportation and warehousing services prices, while prices for both trade services and other services increased slightly.

Prices within intermediate demand rose 0.5% in October, following two consecutive monthly declines. Processed goods for intermediate demand increased 0.5%, with prices for processed energy goods leading the increase. On the other hand, over the 12 months ending in October, prices for processed goods for intermediate demand fell 1.2%.

Meanwhile, prices for unprocessed goods for intermediate demand moved up 4.1% in October, after declining 1.8% in September. The increase was driven by a 9.9% rise in unprocessed energy materials. Meanwhile, unprocessed foodstuffs and feedstuffs prices edged up just 0.4%, and nonfood materials less energy prices increased 2.1%. Over the 12 months ending in October, prices for unprocessed goods for intermediate demand fell 2.9%.

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