[United States Government Manual]
[July 01, 1995]
[Pages 731-736]
[From the U.S. Government Publishing Office, www.gpo.gov]




UNITED STATES INTERNATIONAL TRADE COMMISSION

500 E Street SW., Washington, DC 20436
Phone, 202-205-2000
Chairman                                         Peter S. Watson
Vice Chairman                                    Janet A. Nuzum
Commissioners                                    David B. Rohr, Don E. 
                                                     Newquist, Carol T. 
                                                     Crawford, Lynn M. 
                                                     Bragg
Director of Operations                           Robert Rogowsky
Director of Investigations                       Lynn Featherstone
General Counsel                                  Lyn Schlitt
Executive Liaison                                William T. Hart
Congressional Liaison                            Jeffrey M. Menath
Chief Administrative Law Judge                   Janet D. Saxon
Secretary                                        Donna R. Koehnke
Inspector General                                Jane Altenhofen
Director, Office of Public Affairs               Margaret M. O'Laughlin
Director, Office of Economics                    Peter Morici
Director, Office of Industries                   M. Vern Simpson, Jr.
Division Chief, Agriculture and Forest Products  Cathy L. Jabara
Division Chief, Minerals, Metals, Machinery,     Larry L. Brookhart
    and Miscellaneous Manufactures
Division Chief, Energy, Chemicals, and Textiles  John J. Gersic
Division Chief, Services, Electronics, and       Norman McLennan
    Transportation
Director, Office of Tariff Affairs and Trade     Eugene A. Rosengarden
    Agreements
Director, Office of Unfair Import                Lynn Levine
    Investigations
Director, Trade Remedy Assistance Office         Elizabeth Seltzer
Director, Office of Administration               Stephen McLaughlin, 
                                                     Acting
________________________________________________________________________
  
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

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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 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 

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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 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.
East-West Trade Monitoring System  The Commission monitors imports into 
the United States from nonmarket-economy countries and makes a report at 
least once each calendar quarter on the effect of such imports on the 
production of like or directly competitive articles in the United States 
and on employment within the industry (19 U.S.C. 2240).
Imported Articles Subsidized or Sold at Less Than Fair Value  The 
Commission conducts preliminary 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 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 

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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 or antidumping order resulting from affirmative final 
determinations by the Commission and Secretary of Commerce were modified 
or revoked.
    With regard to imports of articles from countries not party to the 
Agreement on Interpretation and Application of Articles VI, XVI, and 
XXIII of the General Agreement on Tariffs and Trade, the Commission 
determines, with respect to any such duty-free article that the 
Secretary of Commerce has determined is being subsidized, whether an 
industry in the United States is materially injured or threatened with 
material injury, or its establishment is materially retarded by reason 
of such imports (19 U.S.C. 1303).
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. The President may, within 60 days after the 
issuance of a Commission order, disapprove the order for policy reasons. 
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).

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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, 
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 
Tariff Schedules 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, Contracting and Procurement Division, has 
responsibility for contract matters. Phone, 202-205-2730.
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; it also publishes a series 
of reports on chemicals. 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 Commission Library.

For further information, contact the Secretary, United States 
International Trade Commission, 500 E Street SW., Washington, DC 20436. 
Phone, 202-205-2000.

________________________________________________________________________