AD/CVD

Countervailing Duty Investigations:

section 701, Tariff Act of 1930 – The ITC determines whether imports that are subsidized by foreign governments injure or threaten to injure a U.S. industry. If the Commerce Department determines that the subsidization is occuring, and the ITC finds injury or threat, Commerce will issue a countervailing duty order.

predecessor statutes:
section 104(b), Trade Agreements Act of 1979
section 303, Tariff Act of 1930 - pre-1980 CVD investigations

Dumping Investigations:

section 731, Tariff Act of 1930 – The ITC determines whether imports that are dumped (sold at less than fair value in the United States) injure or threaten to injure a U.S. industry. If the Commerce Department determines that the dumping is occuring, and the ITC finds injury or threat, Commerce will issue an antidumping duty order.

predecessor statutes:
section 1921, Antidumping Act of 1921

Related to CVD and AD Investigations:

section 751(b), Tariff Act of 1930 – “Changed Circumstances Review” – The ITC may consider whether changed circumstances warrant its review of certain prior affirmative antidumping or countervailing duty determinations. If the ITC finds that changed circumstances exist, it will determine whether revoking the order would be likely to lead to continuation or recurrence of injury. The order may be revoked, in whole or in part, if the ITC reaches a negative determination.

section 751(c), Tariff Act of 1930 – “Five-Year (Sunset) Review” – On the fifth anniversary of the issuance of an antidumping or countervailing duty order, the ITC determines whether revoking it would be likely to lead to continuation or recurrence of injury to a U.S. industry. The Commerce Department determines whether revoking an existing order would be likely to lead to continuation or recurrence of the dumping or subsidization. The order must be revoked if either the ITC or Commerce reaches a negative determination.

section 753, Tariff Act of 1930 – In cases where an affirmative determination of material injury was not required at the time a CVD order was issued, the ITC determines whether an industry in the United States is likely to be injured by the subject imports if the order is revoked.

SAFEGUARD INVESTIGATIONS:

Global Safeguard investigations:

section 201, Trade Act of 1974 – The ITC determines whether increased imports are a substantial cause of serious injury or threat of serious injury to a U.S. industry producing like or directly competitive products. If the ITC finds injury or threat, it makes remedy recommendations to the President. The President makes the final decision whether to provide relief to the U.S. industry and the type, amount, and duration of the relief.

Related investigations:

section 204(a), Trade Act of 1974 – The ITC monitors developments in industries for which relief is provided under the global safeguard law; if the President imposes relief for longer than three years, the ITC submits a report to the President and the Congress on the results of its monitoring no later than the midpoint of the relief period.

section 204(c), Trade Act of 1974 – As the termination date of a relief action under the global safeguard law nears, the ITC, at the request of the President or the industry, determines whether the relief provided continues to be necessary. The ITC submits a report to the President, who determines whether to extend the relief action.

section 204(d), Trade Act of 1974 – Upon termination of any relief action under the global safeguard law, the ITC reports to the President and the Congress on the effectiveness of the relief action in facilitating the domestic industry’s positive adjustment to import competition.

section 311, NAFTA Implementation Act – If the ITC makes an affirmative injury determination under the global safeguard law, it must also find and report to the President whether (1) imports from a NAFTA country account for a substantial share of total imports and (2) imports from a NAFTA country contribute importantly to the serious injury, or threat thereof, caused by imports. The President must exclude the NAFTA countries from global safeguard relief if he determines that neither condition applies.

section 312(c), NAFTA Implementation Act – If the President excludes imports from a NAFTA country or countries from a global safeguard relief action, the domestic industry may request that the ITC conduct an investigation to determine whether a subsequent surge in such imports undermines the effectiveness of the relief action.

China Safeguard

section 421, Trade Act of 1974 – The ITC determines whether imports of a product from China are causing or threatening to cause market disruption to the domestic producers of like or directly competitive products. If the ITC finds market disruption, it recommends remedies to the President and the U.S. Trade Representative. The President makes the final decision whether to provide relief to the U.S. industry and the type, amount, and duration of the relief.

section 422, Trade Act of 1974 – The ITC determines whether (a) an action by China to prevent or remedy market disruption in a WTO member country or (b) an action or provisional action by a WTO member to prevent or remedy market disruption from imports from China is causing or threatening to cause a significant diversion of trade into the U.S. market.

NAFTA Safeguard

section 302, NAFTA Implementation Act – The ITC determines whether, as a result of the reduction or elimination in a duty under the NAFTA, increased imports from Canada or Mexico are a substantial cause of serious injury or threat of serious injury to a U.S. industry.

IMPORTS FROM COMMUNIST COUNTRIES

section 406, Trade Act of 1974 – The ITC determines whether imports produced in a Communist country are causing market disruption in the United States.

IMPORT INTERFERENCE WITH AGRICULTURAL PROGRAMS

section 22, Agricultural Adjustment Act – The ITC determines whether imported products render ineffective or interfere with any program of the Department of Agriculture.

INTELLECTUAL PROPERTY INFRINGEMENT AND OTHER UNFAIR PRACTICES IN IMPORT TRADE

section 337, Tariff Act of 1930 – The ITC investigates alleged unfair practices in import trade, including patent, trademark, or copyright infringement. If the ITC finds a violation of section 337 it may exclude the offending imports from entry into the United States and/or order U.S. parties to cease and desist their unfair activities.

Related investigations:
section 603, Trade Act of 1974 – The ITC conducts preliminary investigations in order to expedite the performance of its functions under the Act; in recent years, this section has been used in conjuction with section 337 to investigate allegations that may, with the gathering of additional information, provide a basis for an investigation under section 337.

RESEARCH INVESTIGATIONS

section 332, Tariff Act of 1930 – The ITC conducts general factfinding investigations on any matter involving tariffs or international trade, including conditions of competition between U.S. and foreign industries.

section 131, Trade Act of 1974 – The ITC advises the President as to the probable economic effect on domestic industries and consumers of a modification of duties or other barriers to trade that may be considered for inclusion in any proposed trade agreement with foreign countries.

section 2104(b), Trade Act of 2002 – The ITC advises the USTR as to the probable economic effects on the U.S. industry producing the product concerned and on the U.S. economy as a whole of a tariff reduction on import-sensitive agricultural products.

section 2104(f), Trade Act of 2002 – The ITC provides the President and the Congress with a report that assesses the likely impact on the U.S. economy as a whole and on specific sectors and the interests of U.S. consumers of proposed free trade agreements with foreign countries.

section 503, Trade Act of 1974 – The ITC advises the President as to the probable economic effect on domestic industries and consumers of the removal of a duty with respect to an article that may be considered for duty-free treatment under the Generalized System of Preferences.

section 1205, Omnibus Trade and Competitiveness Act of 1988 – The ITC reviews the Harmonized Tariff Schedule of the United States (HTS) and recommends to the President modifications that it considers necessary or appropriate to conform the HTS with amendments to the global Harmonized System Convention.

section 163, Trade Act of 1974 – The ITC annually prepares for Congress and the interested public a factual report on the operation of the trade agreements program, known as The Year in Trade.

section 2111, Trade Act of 2002 – The ITC produced a one-time report to the U.S. House of Representatives’ Committee on Ways and Means and the U.S. Senate’s Committee on Finance on the economic impact on the United States of the following trade agreements: the Tokyo Round of Multilateral Trade Negotiations, the U.S.-Israel Free Trade Agreement, the U.S.-Canada Free Trade Agreement, the North American Free Trade Agreement, and the Uruguay Round Agreements.