    [United States Government Manual]
    [June 02, 1998]
    [Pages 707-712]
    [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. Internet, http://www.usitc.gov/.
    Chairman                                          Marcia E. Miller
    Vice Chairman                                     Lynn M. Bragg
    Commissioners                                     Carol T. Crawford, (3
                                                              vacancies)
    General Counsel                                   Lyn M. 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, Electronics and               Norman McLennan
                Transportation
        Division Chief, Services and                  Richard Brown
                Investment
    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

    [[Page 708]]

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    The United States International Trade Commission furnishes studies,
    reports, and recommendations involving international trade and tariffs
    to the President, the U.S. Trade Representative, and congressional
    committees. The Commission also conducts a variety of investigations
    pertaining to international trade relief.

    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;
    the Agricultural Adjustment Act; the Trade Expansion Act of 1962; the
    Trade Act of 1974; the Trade Agreements Act of 1979; the Omnibus Trade
    and Competitiveness Act of 1988; the North American Free Trade Agreement
    Implementation Act; and the Uruguay Round Agreements Act.
        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.
    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

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    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 or antidumping order resulting from affirmative final
    determinations by the Commission and Secretary of Commerce were modified
    or revoked.
    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.
    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

    [[Page 711]]

    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 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.
    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.
    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

    [[Page 712]]

    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
    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, Planning and 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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