Antidumping investigations involve two separate agencies and parts:

 an evaluation by the U.S. International Trade Commission of whether U.S. producers are being injured by reason of the imports, and
 a calculation by the U.S. Department of Commerce of the margin of dumping of individual exporters.

Countervailing investigations also involve two separate agencies and parts:

 an evaluation by the U.S. International Trade Commission of whether U.S. producers are being injured by reason of the imports, and
 a calculation by the U.S. Department of Commerce of the margin of subsidization of individual exporters as well as an examination of the programs provided by the individual governments.

The U.S. International Trade Commission will initiate its investigation into whether a particular product imported from a particular country injure the U.S. domestic industry, and will make its preliminary determination approximately 45 days after a petition is filed. Importers, producers, and exporters can participate in the U.S. International Trade Commission’s evaluation by filling out and sending in a questionnaire response about production, importation, and sales of the product subject to the investigation. The final phase occurs approximately 365 to 390 days after the date on which the original petition is filed.

The USITC is headed by six Commissioners who are nominated by the President and confirmed by the U.S. Senate. No more than three Commissioners may be of any one political party. Currently three Democrats and three Republicans serve as Commissioners.

The current Commissioners of the USITC are:

Irving A. Williamson, Chairman
David S. Johanson, Vice Chairman
Dean A. Pinkert
Meredith M. Broadbent
F. Scott Kieff
Rhonda K. Schmidtlein

The Commissioners serve overlapping terms of nine years each, with a new term beginning every 18 months. The Chairman and Vice Chairman are designated by the President from among the current Commissioners for two-year terms. The Chairman and Vice Chairman must be from different political parties, and the Chairman cannot be from the same political party as the preceding Chairman.

The USITC staff of about 365 individuals includes international trade analysts (investigators and experts in particular industries), international economists, attorneys, and technical support personnel.

Trade Remedy Proceedings are conducted by the Office of Operations which comprise of the Office of Investigations, Office of Economics, and the Office of Industries. They are assisted in the conduct of the investigations by the Office of General Counsel and an attorney is assigned to each investigation and proceeding. See Attachment 1.

The U.S. Department of Commerce will evaluate the petition to determine whether it contains allegations and evidence that is reasonably available to the Petitioners indicating that a particular product from a particular country is being dumped (sold at less than fair value) in the United States, and whether a particular product from a particular country. Commerce will determine whether to initiate its investigation within 20 days of the filing of a petition. It will then issue its final determination within 365 days of the filing of the petition.

The U.S. Department of Commerce has tasked Enforcement and Compliance with the conduct of trade remedy cases which is comprised of three offices (See Attachment 2):

Antidumping and Countervailing Duty Operations

Enforces U.S. antidumping duty and countervailing duty laws through the conduct of investigations and reviews to remedy unfairly traded dumped and/or subsidized imports and determines the appropriate duties to offset the unfair trade practices.

Policy and Negotiations

Promotes fair and competitive trade by assisting U.S. exporters facing foreign trade barriers, foreign subsidies and foreign trade remedy cases, supporting consistent administration of the antidumping duty and countervailing duty laws (trade remedy laws), and contributing to the negotiation of improved market access and trade disciplines for U.S industries.

Foreign Trade Zones

Encourages activity and value-added at U.S. facilities in competition with foreign alternatives by allowing delayed or reduced duty payments on foreign merchandise, as well as other savings. Enforcement and Compliance is assisted in the conduct of the investigations by the Office of
Chief Counsel for Enforcement and Compliance and an attorney is assigned to each investigation and proceeding.

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