[United States Government Manual]
[June 01, 1999]
[Pages 701-706]
[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                                          Lynn M. Bragg
Vice Chairman                                     Marcia E. Miller
Commissioners                                     Thelma J. Askey, Carol 
                                                          T. Crawford, 
                                                          Jennifer A. 
                                                          Hillman, 
                                                          Stephen Koplan
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 Program               John J. Greer
            Manager
Administrative Law Judges                         Sidney Harris, Paul J. 
                                                          Luckern, Debra 
                                                          Morriss
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
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    Division Chief, Services and                  Richard W. 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

------------------------------------------------------------------------

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

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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 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

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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 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

[[Page 706]]

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, 
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 Procurement Executive has responsibility for contract 
matters. Phone, 202-205-2722.
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/.
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/.