Girish Mahajan (Editor)

United States International Trade Commission

Updated on
Edit
Like
Comment
Share on FacebookTweet on TwitterShare on LinkedInShare on Reddit
Formed
  
September 8, 1916

Website
  
www.usitc.gov

Number of employees
  
365 (as of Dec. 6, 2016)

Preceding agency
  
U.S. Tariff Commission

Founded
  
8 September 1916

United States International Trade Commission infojusticeorgwpcontentuploads201402ITCjpg

Jurisdiction
  
International Trade Issues

Agency executives
  
Rhonda Schnare Schmidtlein, ChairmanDavid S. Johanson, Vice-Chairman

Headquarters
  
Washington, D.C., United States

The United States International Trade Commission (USITC, sometimes I.T.C.) is an independent, bipartisan, quasi-judicial, federal agency of the United States that provides trade expertise to both the legislative and executive branches. Furthermore, the agency determines the impact of imports on U.S. industries and directs actions against unfair trade practices, such as subsidies, dumping, patent, trademark, and copyright infringement.

Contents

Background and statutory authority

The USITC was established by the U.S. Congress on September 8, 1916, as the U.S. Tariff Commission. In 1974, the name was changed to the U.S. International Trade Commission by section 171 of the Trade Act of 1974. The agency has broad investigative powers on matters of trade. The USITC is a national resource where trade data is gathered and analyzed. This data is provided to the President and Congress as part of the information on which U.S. international trade policy is based.

Statutory authority for the USITC's responsibilities is provided by the following legislation:

  • Tariff Act of 1930
  • Agricultural Adjustment Act of 1933
  • Trade Expansion Act of 1962
  • Trade Act of 1974
  • Trade Agreements Act of 1979
  • Trade and Tariff Act of 1984
  • Omnibus Trade and Competitiveness Act of 1988
  • Uruguay Round Agreements Act of 1994
  • Mission

    The U.S. International Trade Commission seeks to:

    1. Administer U.S. trade remedy laws within its mandate in a fair and objective manner;
    2. Provide the President, Office of the United States Trade Representative, and Congress with independent, quality analysis, information, and support on matters of tariffs and international trade and competitiveness; and
    3. Maintain the Harmonized Tariff Schedule of the United States.

    In so doing, the Commission serves the public by implementing U.S. law and contributing to the development and implementation of sound and informed U.S. trade policy.

    The USITC's five operations are:

    1. Import Injury Investigations
    2. Intellectual Property-Based Import Investigations
    3. Research Program
    4. Trade Information Services
    5. Trade Policy Support

    Commissioners

    The President nominates and the U.S. Senate confirms the six commissioners, who head the USITC. The President and the Secretary of State sign the formal commission.

    Commissioners terms are nine years, or when fill a vacated seat for the remainder of a term. Their terms are staggered to end 18 months apart. Commissioners may not be reappointed at the start of a new term unless they have served less than five years, although commissioners stay on past the end of their term until their successor is appointed and confirmed. No more than three of the Commissioners may be of the same political party.

    The Chairman and Vice Chairman's terms are for two years, and successive Chairmen may not be of the same political party. Only a Commissioner with more than one year of service may be designated Chairman.

    The commissioners are (in order of seniority):

  • Rhonda Schnare Schmidtlein (Chairman) (D-Missouri; sworn in April 28, 2014, for a term expiring on December 16, 2021; Chairman, January 13, 2017 to June 16, 2018)
  • David S. Johanson (Vice Chairman) (R–Texas; sworn in December 8, 2011, for a term expiring on December 16, 2018; Vice Chairman, August 11, 2016 to June 16, 2018)
  • Meredith Broadbent (R–Virginia; sworn in September 10, 2012, for a term expiring on June 16, 2017)
  • Irving A. Williamson (D–New York; sworn in February 7, 2007, for a term expiring on June 16, 2014)
  • F. Scott Kieff (R-Illinois; sworn in October 18, 2013, for a term expiring on June 16, 2020)
  • Vacant (vacated by Dean A. Pinkert)
  • Hearings

    Although the USITC is not a court, its administrative law judges conduct trial-type official administrative hearings. If a Section 337 Tariff Act complaint has at least three votes from its six Commissioners, an official investigative hearing will be assigned to an administrative law judge. Several dozen new USITC investigations are filed every year. Judicial review is normally exercised by the United States Court of Appeals for the Federal Circuit. After the parties have had the opportunity to conduct fact and expert discovery to develop their respective legal positions, the ALJ (administrative law judge) holds a formal, evidentiary hearing, or trial. There is no jury: rather, it is a bench trial. About three months after considering the arguments of the parties, the ALJ renders an initial determination (ID). The full ITC reviews and may adopt, modify or reverse the ALJ's initial determination. The ITC's final determination is usually issued about four months after the ALJ's ID.

    History

    Previous commissioners included:

  • Daniel R. Pearson (R–MN; sworn in August 8, 2003, for a term expiring on June 16, 2011)
  • Shara L. Aranoff (D–MD; sworn in September 6, 2005, for a term expiring on December 16, 2012)
  • Dean A. Pinkert (D–VA; sworn in February 26, 2007, for a term expiring on December 16, 2015)
  • On January 4, 1985, a USITC decision in favor of Duracell was overturned by President Ronald Reagan. The case involved the import of alkaline batteries in competition with Duracell, the American manufacturer that developed them.

    On August 3, 2013, President Barack Obama overturned the commission's decision in investigation No. 337-TA-794 that would have banned Apple Inc. from importing several of its older products.

    In January 2015 details from the Sony Pictures Entertainment hack revealed the MPAA's lobbying of the USITC to mandate US ISPs either at the internet transit level or consumer level internet service provider, implement IP address blocking pirate websites as well as linking websites.

    In January 2016 it became known, that the commission was charged with investigating the likely impact of the TPP on the U.S. economy and specific industries. It will calculate the estimated impact on gross domestic product, exports and imports, employment opportunities, and U.S. consumers.

    References

    United States International Trade Commission Wikipedia


    Similar Topics