The United States International Trade Commission (USITC or I.T.C.
[) is an agency of the ]United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
federal government that advises the legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
and executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
branches on matters of trade. It is an independent, bipartisan entity that analyzes trade issues such as tariffs and competitiveness and publishes reports. As a quasi-judicial entity, the USITC investigates the impact of import
An import is the receiving country in an export from the sending country. Importation and exportation are the defining financial transactions of international trade.
In international trade, the importation and exportation of goods are limited ...
s on U.S. industries, and directs actions against unfair trade practices, such as subsidies
A subsidy or government incentive is a form of financial aid or support extended to an economic sector (business, or individual) generally with the aim of promoting economic and social policy. Although commonly extended from the government, the ter ...
; dumping; and intellectual property infringement
An intellectual is a person who engages in critical thinking, research, and reflection about the reality of society, and who proposes solutions for the normative problems of society. Coming from the world of culture, either as a creator or a ...
, including copyright infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
.
Background and statutory authority
The USITC was established by the U.S. Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
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 Trade Act of 1974 (, codified at ) was passed to help industry in the United States become more competitive or phase workers into other industries or occupations.
Fast track authority
The Trade Act of 1974 created fast track authority for ...
.
Statutory authority for the USITC's responsibilities is provided by the following legislation:
* Tariff Act of 1930
A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and polic ...
* Agricultural Adjustment Act
The Agricultural Adjustment Act (AAA) was a United States federal law of the New Deal era designed to boost agricultural prices by reducing surpluses. The government bought livestock for slaughter and paid farmers subsidies not to plant on part ...
of 1933
* Trade Expansion Act
The Trade Expansion Act of 1962 (, codified at ) is an American trade law.
Section 232 of the Act permits the President to impose tariffs based on a recommendation by the U.S. Secretary of Commerce if "an article is being imported into the Unite ...
of 1962
* Trade Act of 1974
The Trade Act of 1974 (, codified at ) was passed to help industry in the United States become more competitive or phase workers into other industries or occupations.
Fast track authority
The Trade Act of 1974 created fast track authority for ...
* Trade Agreements Act of 1979
The Trade Agreements Act of 1979 (TAA), , codified at (), is an Act of Congress that governs trade agreements negotiated between the United States and other countries under the Trade Act of 1974. It provided the implementing legislation for the ...
* Trade and Tariff Act of 1984 The Trade and Tariff Act of 1984 (P.L. 98-573) clarified the conditions under which unfair trade cases under Section 301 of the Trade Act of 1974 (P.L. 93-618) can be pursued. It also provided bilateral trade negotiating authority for the U.S.-Isra ...
* Omnibus Trade and Competitiveness Act
The Omnibus Foreign Trade and Competitiveness Act of 1988 is an act passed by the United States Congress and signed into law by President Ronald Reagan.
History
During the 1970s, the U.S. trade surplus slowly diminished and turned into an incr ...
of 1988
* Uruguay Round Agreements Act
The Uruguay Round Agreements Act (URAA; ) is an Act of Congress in the United States that implemented in U.S. law the Marrakesh Agreement of 1994. The Marrakesh Agreement was part of the Uruguay Round of negotiations which transformed the General ...
of 1994
Mission
The U.S. International Trade Commission seeks to:
# Administer U.S. trade remedy laws within its mandate in a fair and objective manner;
# Provide the President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, Office of the United States Trade Representative
The Office of the United States Trade Representative (USTR) is an agency of the Federal government of the United States, United States federal government responsible for developing and promoting Trade policy of the United States, American trade ...
, and Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
with independent, quality analysis, information, and support on matters of tariffs and international trade and competitiveness; and
# Maintain the Harmonized Tariff Schedule of the United States
The Harmonized Tariff Schedule of the United States (HTSUS), also referred to as the Harmonized Tariff Schedule of the United States Annotated (HTSA), is the primary resource for determining tariff (customs duties) classifications for goods importe ...
.
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:
# Import Injury Investigations
# Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
-Based Import Investigations
# Research Program
# Trade Information Services
# Trade Policy Support
Commissioners
The president nominates and the U.S. Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and powe ...
confirms the six commissioners who make up the USITC. The president and the secretary of state sign the formal commission.
Commissioner
A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something).
In practice, the title of commissioner has evolved to in ...
s' terms are nine years, or, when filling 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:
Hearings
Although the USITC is not a court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
, its administrative law judge
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evid ...
s conduct trial-type official administrative hearing
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee.
Description
A hearing is generally distinguished from a trial in that it is usually shorter and o ...
s. 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
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
is normally exercised by the United States Court of Appeals for the Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of ...
.
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. 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. The USITC can impose exclusion orders that keep violating products from entering the United States. Exclusion orders are those in which disallow products from entering the United States for sale. While the Administrative Law Judges make determinations, the final decision of relief (i.e. exclusion from import) is made by the President of the United States. Should a party disagree with the decision, appeals may be made to the U.S. Court of Appeals for the Federal Circuit.
History
As part of a large group of legislation passed during the Progressive Era
The Progressive Era (late 1890s – late 1910s) was a period of widespread social activism and political reform across the United States focused on defeating corruption, monopoly, waste and inefficiency. The main themes ended during Am ...
in the early 1900s, U.S. Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
established the United States Tariff Commission in 1916, which had a purpose to apply scientific principles to the study of tariffs and to assist in recommending appropriate tariff levels.[USITC History, https://www.usitc.gov/flash/dynamic_timeline.htm] Frank Taussig, then an Economics
Economics () is the social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services.
Economics focuses on the behaviour and intera ...
professor at Harvard University
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
, was named the U.S. Tariff Commission's very first Chairman.[ The first offices of the U.S. Tariff Commission were located at 1322 New York Avenue, Washington D.C.][ Also in 1921, the U.S. Tariff Commission moved to the Old Post Office Building at 7th and E Street NW.][
Effective January 1, 1975, the U.S. Tariff Commission was renamed the U.S. International Trade Commission.][ The USITC had a number of new responsibilities under the ]Trade Act of 1974
The Trade Act of 1974 (, codified at ) was passed to help industry in the United States become more competitive or phase workers into other industries or occupations.
Fast track authority
The Trade Act of 1974 created fast track authority for ...
, and commission procedures under Section 337 of Tariff Act of 1930
A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and polic ...
were greatly changed, and Section 337 proceedings brought before Administrative Law Judge
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evid ...
s had to now conform with the Administrative Procedure Act.[ Section 337 decisions were also made final, instead of advisory (although subject to presidential disapproval due to policy reasons), and the USITC was also authorized to issue cease and desist orders in addition to exclusion orders.][
In 1988, the USITC moved its quarters from the Old Post Office Building to the building it remains in to this day, 500 E Street SW.][
Past commissioners of the USITC include:
* Paula Stern (D-TN, sworn in October, 1978, for a term expiring on February, 1987)
* 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
Dean Arthur Pinkert (born June 5, 1956, in Chicago, Illinois) is an American trade lawyer.
Education
Pinkert was graduated from New Trier High School - East in 1974. He holds a Bachelor of Arts degree with high honors from Oberlin College ...
(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
Duracell Inc. is an American manufacturer of alkaline batteries, specialty cells, rechargeables and smart power systems, owned by Berkshire Hathaway. The company has its origins in the 1920s, through the work of Samuel Ruben and Philip Mallory, ...
was overturned by President Ronald Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
. 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
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
overturned the commission's decision i
investigation No. 337-TA-794
that would have banned Apple Inc.
Apple Inc. is an American multinational technology company headquartered in Cupertino, California, United States. Apple is the largest technology company by revenue (totaling in 2021) and, as of June 2022, is the world's biggest company ...
from importing several of its older products.
In January 2015, details from the Sony Pictures Entertainment hack
On November 24, 2014, a hacker group identifying itself as "Guardians of Peace" leaked a release of confidential data from the film studio Sony Pictures Entertainment (SPE). The data included personal information about Sony Pictures employees ...
revealed the MPAA's lobbying of the USITC to mandate US ISPs
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise private ...
either at the internet transit
Internet transit is the service of allowing network traffic to cross or "transit" a computer network, usually used to connect a smaller Internet service provider (ISP) to the larger Internet. Technically, it consists of two bundled services:
* The ...
level or consumer level internet service provider
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise private ...
, implement IP address blocking
IP address blocking, or IP banning, is a configuration of a network service that blocks requests from hosts with certain IP addresses. IP address blocking is commonly used to protect against brute force attacks and to prevent access by a disrup ...
against 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.
In January 2018, in a surprise decision, the commission unanimously overturned a 292% trade tariff that had been imposed on the aircraft manufacturer Bombardier Aerospace
Bombardier Aviation is a division of Bombardier Inc. It is headquartered in Dorval, Quebec, Canada. Its most popular aircraft included the Dash 8 Series 400, CRJ100/200/440, and CRJ700/900/1000 lines of regional airliners, and the newer CS ...
.
See also
*
* Doha Round
The Doha Development Round or Doha Development Agenda (DDA) is the trade-negotiation round of the World Trade Organization (WTO) which commenced in November 2001 under then director-general Mike Moore. Its objective was to lower trade barriers ...
* Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...
* Generalized System of Preferences
The Generalized System of Preferences, or GSP, is a preferential tariff system which provides tariff reduction on various products. The concept of GSP is very different from the concept of " most favored nation" (MFN). MFN status provides equal tre ...
* International Trade Administration
:
The International Trade Administration (ITA) is an agency in the United States Department of Commerce that promotes United States exports of nonagricultural U.S. services and goods.
Duties
The ITA's stated goals are to
# Provide practical info ...
* Office of the United States Trade Representative
The Office of the United States Trade Representative (USTR) is an agency of the Federal government of the United States, United States federal government responsible for developing and promoting Trade policy of the United States, American trade ...
* Title 19 of the Code of Federal Regulations CFR Title 19 – Customs Duties is one of fifty titles comprising the United States Code of Federal Regulations (CFR), containing the principal set of rules and regulations issued by federal agencies regarding customs duties. It is available in dig ...
* United States Commercial Service
The United States Commercial Service (CS) is the trade promotion arm of the U.S. Department of Commerce's International Trade Administration. CS is a part of the U.S. Foreign Service and its commercial officers are diplomats. The CS global networ ...
References
External links
*
International Trade Commission
in the ''Federal Register
The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...
''
*
*
{{Authority control
1916 establishments in the United States
Anti-dumping authorities
International Trade Commission
The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyze ...
Government agencies established in 1916
International Trade Commission
The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyze ...
Organizations based in Washington, D.C.
United States trade policy