United States International Trade Commission
Agency overview | |
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Formed | September 8, 1916 |
Preceding Agency | U.S. Tariff Commission |
Jurisdiction | International Trade Issues |
Headquarters | Washington, D.C. |
Employees | 356 (as of Sept. 30, 2011) |
Agency executives |
Meredith M. Broadbent, Chairman Dean A. Pinkert, Vice-Chairman |
Website | http://www.usitc.gov/ |
Footnotes | |
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The United States International Trade Commission (USITC sometimes I.T.C.[2]) 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[3] the impact of imports on U.S. industries and directs actions against unfair trade practices, such as subsidies, dumping, patent, trademark, and copyright infringement.
Background and statutory authority
The USITC was established by the U.S. Congress on September 8, 1916, as the U.S. Tariff Commission.[4] In 1974, the name was changed to the U.S. International Trade Commission by section 171 of the Trade Act of 1974.[5] 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:
- Administer U.S. trade remedy laws within its mandate in a fair and objective manner;
- 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
- 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:
- Import Injury Investigations
- Intellectual Property-Based Import Investigations
- Research Program
- Trade Information Services
- Trade Policy Support
Commissioners
The USITC is headed by six commissioners nominated by the President and confirmed by the U.S. Senate. The formal commission is signed by the President and the Secretary of State.
Commissioners are appointed by the President for nine-year terms, or are appointed to fill a vacated seat for the remainder of a term. Terms for different commissioners 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 are designated by the President for two-year terms, 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.[6]
The current commissioners are (in order of seniority):[7]
- Meredith Broadbent[8] (Chairman) (R–Virginia; sworn in September 10, 2012, for a term expiring on June 16, 2017; Chairman, June 17, 2014, to June 16, 2016)
- Dean A. Pinkert[9] (Vice Chairman) (D–Virginia; sworn in February 26, 2007, for a term expiring on December 16, 2015; Vice Chairman, June 17, 2014, to June 16, 2016)
- Irving A. Williamson[10] (D–New York; sworn in February 7, 2007, for a term expiring on June 16, 2014)
- David S. Johanson[11] (R–Texas; sworn in December 8, 2011, for a term expiring on December 16, 2018)
- F. Scott Kieff[12] (R-Illinois; sworn in October 18, 2013, for a term expiring on June 16, 2020)
- Rhonda Schnare Schmidtlein[13] (D-Missouri; sworn in April 28, 2014, for a term expiring on December 16, 2021)
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.[2] Judicial review is normally exercised by the United States Court of International Trade.[14]
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)
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.[15]
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.[16]
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.[17]
See also
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Doha Round
- Generalized System of Preferences
- Title 19 of the Code of Federal Regulations
- International Trade Administration
- Office of the United States Trade Representative
- United States Commercial Service
References
- ↑ "About the USITC". U.S. International Trade Commission. Retrieved 2013-08-11.
- ↑ 2.0 2.1 "New I.T.C. Investigations - Sec 337". Docket Alarm, Inc.
- ↑ "Recent Decisions from the United Stated International Trade Commission". Docket Alarm, Inc. USITC. Retrieved 10 April 2014.
- ↑ 39 Stat. 795
- ↑ 19 U.S.C. 2231
- ↑ 19 U.S.C. § 1330
- ↑ USITC Commissioners Biography List from the USITC website
- ↑ Meredith Broadbent, USITC Commissioner Biography
- ↑ Dean A. Pinkert, USITC Commissioner Biography
- ↑ Irving A. Williamson, USITC Commissioner Biography
- ↑ David S. Johanson, USITC Commissioner Biography
- ↑ R. Scott Kieff, USITC Commissioner Biography
- ↑ Rhonda Schnare Schmidtlein, USITC Commissioner Biography
- ↑ Toupin, James A. (1990). "The U.S. Court of International Trade and the U.S. International Trade Commission After Ten Years–A Personal View". Fordham Int'l L.J. 4 (1): 10–30.
- ↑ Hartman, Carl (January 28, 1985). "Court Asked to Overturn Reagan Ruling". Associated Press. Retrieved 2013-08-11.
- ↑ O'Brien, Chris (August 3, 2013). "White House overrules ITC trade ban on Apple iPhones, iPads". Los Angeles Times. Retrieved 2013-08-11.
- ↑ Brandom, Russell (2 January 2015). "The MPAA has a new plan to stop copyright violations at the border". Retrieved 4 January 2015.