[United States Government Manual]
[May 30, 1997]
[Pages 699-704]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 699]]
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UNITED STATES INTERNATIONAL TRADE COMMISSION
500 E Street SW., Washington, DC 20436
Phone, 202-205-2000
Chairman Marcia E. Miller
Vice Chairman Lynn M. Bragg
Commissioners Carol T. Crawford, Don
E. Newquist,
(2 vacancies)
General Counsel Lyn Schlitt
Director, Office of External Relations Daniel F. Leahy
Congressional Relations Officer Nancy M. Carman
Public Affairs Officer Margaret M. O'Laughlin
Trade Remedy Assistance Officer Elizabeth Seltzer
Administrative Law Judges Sidney Harris, Paul J.
Luckern
Secretary Donna R. Koehnke
Inspector General Jane Altenhofen
Director, Office of Operations Robert Rogowsky
Director, Office of Investigations Lynn Featherstone
Director, Office of Economics Robert Rogowsky,
Acting
Director, Office of Industries M. Vern Simpson, Jr.
Division Chief, Agriculture and Cathy L. Jabara
Forest Products
Division Chief, Minerals, Metals, Larry L. Brookhart
Machinery, and Miscellaneous
Manufactures
Division Chief, Energy, Chemicals, John J. Gersic
and Textiles
Division Chief, Services, Norman McLennan
Electronics, and
Transportation
Director, Office of Tariff Affairs and Trade Eugene A. Rosengarden
Agreements
Director, Office of Unfair Import Investigations Lynn Levine
Director, Office of Information Services Martin Smith
Director, Office of Equal Employment Opportunity Jacqueline A. Waters
Director, Office of Administration Stephen McLaughlin
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The United States International Trade Commission furnishes studies,
reports, and recommendations involving international trade and tariffs
to the President, the Congress, and other Government agencies. In this
capacity, the Commission conducts a variety of investigations, public
hearings, and research projects pertaining to the international trade
policies of the United States.
The United States International Trade Commission is an independent
agency created by act of September 8, 1916 (39 Stat. 795), and
originally named the United States Tariff Commission. The name was
changed to the United States International Trade Commission by section
171 of the Trade Act of 1974 (19 U.S.C. 2231). The Commission's present
powers and duties are provided for largely by the Tariff Act of 1930 (19
U.S.C. 1654); the Agricultural Adjustment Act (7 U.S.C. 601); the Trade
Expansion Act of 1962 (19 U.S.C. 1801); the Trade Act of 1974 (19 U.S.C.
2101); the Trade Agreements Act of 1979 (19
[[Page 700]]
[[Page 701]]
U.S.C. 2501); and the Omnibus Trade and Competitiveness Act of 1988 (19
U.S.C. 2901).
Six Commissioners are appointed by the President with the advice and
consent of the Senate for 9-year terms, unless appointed to fill an
unexpired term. The Chairman and Vice Chairman are designated by the
President for 2-year terms, and succeeding Chairmen may not be of the
same political party. The Chairman generally is responsible for the
administration of the Commission. Not more than three Commissioners may
be members of the same political party (19 U.S.C. 1330).
Activities
The Commission performs a number of functions pursuant to the statutes
referred to above. Under the Tariff Act of 1930, the Commission is given
broad powers of investigation relating to the customs laws of the United
States and foreign countries; the volume of importation in comparison
with domestic production and consumption; the conditions, causes, and
effects relating to competition of foreign industries with those of the
United States; and all other factors affecting competition between
articles of the United States and imported articles. The Commission is
required to make available to the President and to the Committee on Ways
and Means of the House of Representatives and to the Committee on
Finance of the Senate, whenever requested, all information at its
command and is directed to make such investigations and reports as may
be requested by the President or by either of said committees or by
either branch of the Congress. The Omnibus Trade and Competitiveness Act
of 1988 amended several of the statutes administered by the Commission
and, in addition, required the Commission to conduct several industry
competitiveness investigations.
In order to carry out these responsibilities, the Commission is
required to engage in extensive research, conduct specialized studies,
and maintain a high degree of expertise in all matters relating to the
commercial and international trade policies of the United States.
Trade Negotiations The Commission advises the President as to the
probable economic effect on the domestic industry and consumers of
modification of duties and other barriers to trade that may be
considered for inclusion in any proposed trade agreement with foreign
countries (19 U.S.C. 2151).
Generalized System of Preferences The Commission advises the President
with respect to every article that may be considered for preferential
removal of the duty on imports from designated developing countries as
to the probable economic effect the preferential removal of duty will
have on the domestic industry and on consumers (19 U.S.C. 2151, 2163).
Industry Adjustment to Import Competition (Global Safeguard Actions)
The Commission conducts investigations upon petition on behalf of an
industry, a firm, a group of workers, or other entity representative of
an industry to determine whether an article is being imported in such
increased quantities as to be a substantial cause of serious injury or
threat thereof to the domestic industry producing an article like or
directly competitive with the imported article (19 U.S.C. 2251-2254). If
the Commission's finding is affirmative, it recommends to the President
the action that would address such injury and be most effective in
facilitating positive adjustment by the industry to import competition.
The President has discretion to take action that could be in the form of
an increase in duties, imposition of a quota, negotiation of orderly
marketing agreements, or provision of adjustment assistance to groups of
workers, firms, or communities. If the President does not provide relief
or does not provide relief in the form recommended by the Commission,
Congress may, by means of a joint resolution disapproving the action of
the President, direct the President to provide the relief recommended by
the Commission (19 U.S.C. 2251-2254).
The Commission reports with respect to developments within an
industry that
[[Page 702]]
has been granted import relief and advises the President of the probable
economic effect of the reduction or elimination of the tariff increase
that has been granted. The President may continue, modify, or terminate
the import relief previously granted.
Imports From NAFTA Countries (Bilateral Safeguard Actions) The
Commission conducts investigations to determine whether, as a result of
the reduction or elimination of a duty provided for under the North
American Free Trade Agreement (NAFTA), a Canadian article or a Mexican
article, as the case may be, is being imported into the United States in
such increased quantities and under such conditions so that imports of
the article constitute a substantial cause of serious injury or (except
in the case of a Canadian article) a threat of serious injury to the
domestic industry producing an article that is like or directly
competitive with the imported article (19 U.S.C. 3351-3356). If the
Commission's determination is in the affirmative, the Commission
recommends to the President the relief which is necessary to prevent or
remedy serious injury. Such relief generally would take the form of the
suspension of any further reduction in the rate of duty for such article
from the subject country provided for in NAFTA, or an increase in the
rate of duty on such article from such country to the lesser of the
general column 1 rate of duty on such article or the column 1 rate of
duty in effect immediately prior to the entry into force of NAFTA.
Commission investigations under these provisions are similar
procedurally to those conducted under the global safeguard action
provisions.
Market Disruption From Communist Countries The Commission conducts
investigations to determine whether increased imports of an article
produced in a Communist country are causing market disruption in the
United States (19 U.S.C. 2436). If the Commission's determination is in
the affirmative, the President may take the same action as in the case
of serious injury to an industry, except that the action would apply
only to imports of the article from the Communist country. Commission
investigations conducted under this provision are similar procedurally
to those conducted under the global safeguard action provisions.
Imported Articles Subsidized or Sold at Less Than Fair Value The
Commission conducts preliminary-phase investigations under the Tariff
Act of 1930 to determine whether there is reasonable indication of
material injury to, threat of material injury to, or material
retardation of the establishment of an industry in the United States by
reason of imports of foreign merchandise allegedly being subsidized or
sold at less than fair value (19 U.S.C. 1671, 1673, 1675). If the
Commission's determination is affirmative, and the Secretary of Commerce
further determines that the foreign merchandise is being subsidized or
is being, or is likely to be, sold at less than its fair value, or there
is reason to believe or suspect such unfair practices are occurring,
then the Commission conducts final-phase investigations to determine
whether a U.S. industry is materially injured or threatened with
material injury, or its establishment is materially retarded by reason
of such imports.
If the Secretary of Commerce determines to suspend an investigation
upon acceptance of an agreement to eliminate the injurious effect of
subsidized imports or imports sold at less than fair value, the
Commission may conduct an investigation to determine whether the
injurious effect of imports of the merchandise that was the subject of
the suspended investigation is eliminated completely by the agreement.
The Commission also conducts investigations to determine whether in
light of changed circumstances such a suspension agreement continues to
eliminate completely the injurious effect of imports of the merchandise.
The Commission conducts investigations to determine whether changed
circumstances exist that indicate that an industry in the United States
would not be threatened with material injury, or the establishment of
such an industry would not be materially retarded, if the countervailing
duty order
[[Page 703]]
or antidumping order resulting from affirmative final determinations by
the Commission and Secretary of Commerce were modified or revoked.
Import Interference With Agricultural Programs The Commission conducts
investigations at the direction of the President to determine whether
any articles are being or are practically certain to be imported into
the United States under such conditions and in such quantities as to
render or tend to render ineffective, or to materially interfere with,
programs of the Department of Agriculture for agricultural commodities
or products thereof, or to reduce substantially the amount of any
product processed in the United States from such commodities or
products, and makes findings and recommendations (7 U.S.C. 624). The
President may restrict the imports in question by imposition of either
import fees or quotas. Such fees or quotas may be applied only against
countries that are not members of the World Trade Organization.
Unfair Practices in Import Trade The Commission applies U.S. statutory
and common law of unfair competition to the importation of products into
the United States and their sale (19 U.S.C. 1337). The statute declares
unlawful unfair methods of competition and unfair acts in the
importation or sale of products in the United States, the threat or
effect of which is to destroy or substantially injure a domestic
industry, prevent the establishment of such an industry, or restrain or
monopolize trade and commerce in the United States. The statute also
declares as unlawful per se infringement of a valid and enforceable U.S.
patent, copyright, registered trademark, or maskwork; no resulting
injury need be found. If the Commission determines that there is a
violation of the statute, it is to direct that the articles involved be
excluded from entry into the United States, or it may issue cease-and-
desist orders directing the person engaged in such violation to cease
and desist from engaging in such unfair methods or acts.
Provision is made for the Commission to make certain public interest
determinations that could result in the withholding of an exclusion or
cease-and-desist order. ITC remedial orders in section 337 cases are
effective when issued and become final 60 days after issuance unless
disapproved for policy reasons by the President within that 60-day
period. Commission determinations of violation are subject to court
review.
Uniform Statistical Data The Commission, in cooperation with the
Secretary of the Treasury and the Secretary of Commerce, establishes for
statistical purposes an enumeration of articles imported into the United
States and exported from the United States, and seeks to establish
comparability of such statistics with statistical programs for domestic
production (19 U.S.C. 1484).
In conjunction with such activities, the three agencies are to
develop concepts for an international commodity code for reporting
transactions in international trade and to report thereon to the
Congress (19 U.S.C. 1484).
Harmonized Tariff Schedule of the United States, Annotated The
Commission issues a publication containing the U.S. tariff schedules and
related matters and considers questions concerning the arrangement of
such schedules and the classification of articles (19 U.S.C. note prec.
1202, 1484).
International Trade Studies The Commission conducts studies,
investigations, and research projects on a broad range of topics
relating to international trade, pursuant to requests of the President,
the House Ways and Means Committee, the Senate Finance Committee, either
branch of the Congress, or on its own motion (19 U.S.C. 1332). Public
reports of these studies, investigations, and research projects are
issued in most cases.
The Commission also keeps informed of the operation and effect of
provisions relating to duties or other import restrictions of the United
States contained in various trade agreements (19 U.S.C. 2482).
Occasionally the Commission is required by statute to perform specific
trade-related studies.
Industry and Trade Summaries The Commission prepares and publishes,
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from time to time, a series of summaries of trade and tariff information
(19 U.S.C. 1332). These summaries contain descriptions (in terms of the
Harmonized Tariff Schedule of the United States) of the thousands of
products imported into the United States, methods of production, and the
extent and relative importance of U.S. consumption, production, and
trade, together with certain basic factors affecting the competitive
position and economic health of domestic industries.
Sources of Information
Inquiries should be directed to the specific organizational unit or to
the Secretary, United States International Trade Commission, 500 E
Street SW., Washington, DC 20436. Phone, 202-205-2000.
Contracts The Chief, Procurement Division, has responsibility for
contract matters. Phone, 202-205-2730.
Electronic Access Commission publications, news releases, Federal
Register notices, scheduling information, and general information about
ITC are available for electronic access. Internet, http://
www.usitc.gov/. File transfer protocol, ftp://ftp.usitc.gov/.
Employment Information on employment can be obtained from the Director,
Office of Personnel. The agency employs international economists,
attorneys, accountants, commodity and industry specialists and analysts,
and clerical and other support personnel. Phone, 202-205-2651.
Publications The Commission publishes results of investigations
concerning various commodities and subjects. Other publications include
Industry and Trade Summaries, an annual report to the Congress on the
operation of the trade agreements program; and an annual report to the
Congress of Commission activities. Specific information regarding these
publications can be obtained from the Office of the Secretary.
Reading Rooms Reading rooms are open to the public in the Office of the
Secretary and in the ITC National Library of International Trade and the
ITC law library.
For further information, contact the Secretary, United States
International Trade Commission, 500 E Street SW., Washington, DC 20436.
Phone, 202-205-2000. Internet, http://www.usitc.gov/.
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