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19 U.S.C. § 1330 — Organization of Commission

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19 U.S.C. § 1330 — Organization of Commission

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Source file: Laws/federal/codes/united-states-code/title-19/section-1330-organization-of-commission--016f028f07.md
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Source location: Title 19, Chapter 4, § 1330; chapter-004-tariff-act-of-1930.md

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**(a) Membership** The United States International Trade Commission (referred to in this subtitle as the “Commission”) shall be composed of six commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. No person shall be eligible for appointment as a commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed of qualifications requisite for developing expert knowledge of international trade problems and efficiency in administering the duties and functions of the Commission. A person who has served as a commissioner for more than 5 years (excluding service as a commissioner before January 3, 1975) shall not be eligible for reappointment as a commissioner. Not more than three of the commissioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable. **(b) Terms of office** The terms of office of the commissioners holding office on January 3, 1975, which (but for this sentence) would expire on June 16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, shall expire on December 16, 1976, June 16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and June 16, 1984, respectively. The term of office of each commissioner appointed after such date shall expire 9 years from the date of the expiration of the term for which his predecessor was appointed, except that— (1) any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) any commissioner may continue to serve as a commissioner after an expiration of his term of office until his successor is appointed and qualified. **(c) Chairman and vice chairman; quorum** (1) The chairman and the vice chairman of the Commission shall be designated by the President from among the members of the Commission not ineligible, under paragraph (3), for designation. The President shall notify the Congress of his designations under this paragraph. If, as of the date on which a term begins under paragraph (2), the President has not designated the chairman of the Commission for such term, the Commissioner 11 So in original. Probably should not be capitalized. who, as of such date— (A) is a member of a different political party than the chairman of the Commission for the immediately preceding term, and (B) has the longest period of continuous service as a commissioner, shall serve as chairman of the Commission for the portion of such term preceding the date on which an individual designated by the President takes office as chairman. (2) After June 16, 1978, the terms of office for the chairman and vice chairman of the Commission shall be as follows: (A) The first term of office occurring after such date shall begin on June 17, 1978, and end at the close of June 16, 1980. (B) Each term of office thereafter shall begin on the day after the closing date of the immediately preceding term of office and end at the close of the 2-year period beginning on such day. (3) (A) The President may not designate as the chairman of the Commission for any term any commissioner who is a member of the political party of which the chairman of the Commission for the immediately preceding term is a member, or who has less than 1 year of continuous service as a commissioner as of the date such designation is being made. (B) The President may not designate as the vice chairman of the Commission for any term any commissioner who is a member of the political party of which the chairman for that term is a member. (C) If any commissioner does not complete a term as chairman or vice chairman by reason of death, resignation, removal from office as a commissioner, or expiration of his term of office as a commissioner, the President shall designate as the chairman or vice chairman, as the case may be, for the remainder of such term a commissioner who is a member of the same political party. Designation of a chairman under this subparagraph may be made without regard to the 1-year continuous service requirement under subparagraph (A). (4) The vice chairman shall act as chairman in case of the absence or disability of the chairman. During any period in which there is no chairman or vice chairman, the commissioner having the longest period of continuous service as a commissioner shall act as chairman. (5) No commissioner shall actively engage in any business, vocation, or employment other than that of serving as a commissioner. (6) A majority of the commissioners in office shall constitute a quorum, but the Commission may function notwithstanding vacancies. **(d) Effect of divided vote in certain cases** (1) In a proceeding in which the Commission is required to determine— (A) under [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim), whether increased imports of an article are a substantial cause of serious injury, or the threat thereof, as described in subsection (b)(1) of that section (hereafter in this subsection referred to as “serious injury”), or (B) under [section 2436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2436&num=0&edition=prelim), whether market disruption exists. and the commissioners voting are equally divided with respect to such determination, then the determination, agreed upon by either group of commissioners may be considered by the President as the determination of the Commission. (2) If under section 2252(b) or 2436 of this title there is an affirmative determination of the Commission, or a determination of the Commission which the President may consider an affirmative determination under paragraph (1), that serious injury or market disruption exists, respectively, and a majority of the commissioners voting are unable to agree on a finding or recommendation described in [section 2252(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/e/1&num=0&edition=prelim) or the finding described in [section 2436(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2436/a/3&num=0&edition=prelim), as the case may be (hereafter in this subsection referred to as a “remedy finding”), then— (A) if a plurality of not less than three commissioners so voting agree on a remedy finding, such remedy finding shall, for purposes of [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim), be treated as the remedy finding of the Commission, or (B) if two groups, both of which include not less than 3 commissioners, each agree upon a remedy finding and the President reports under [section 2254(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2254/a&num=0&edition=prelim) that— (i) he is taking the action agreed upon by one such group, then the remedy finding agreed upon by the other group shall, for purposes of [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim), be treated as the remedy finding of the Commission, or (ii) he is taking action which differs from the action agreed upon by both such groups, or that he will not take any action, then the remedy finding agreed upon by either such group may be considered by the Congress as the remedy finding of the Commission and shall, for purposes of [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim), be treated as the remedy finding of the Commission. (3) In any proceeding to which paragraph (1) applies in which the commissioners voting are equally divided on a determination that serious injury exists, or that market disruption exists, the Commission shall report to the President the determination of each group of commissioners. In any proceeding to which paragraph (2) applies, the Commission shall report to the President the remedy finding of each group of commissioners voting. (4) In a case to which paragraph (2)(B)(ii) applies, for purposes of [section 2253(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253/a&num=0&edition=prelim), notwithstanding [section 2192(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192/a/1/A&num=0&edition=prelim), the second blank space in the joint resolution described in such [section 2192(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192/a/1/A&num=0&edition=prelim) shall be filled with the appropriate date and the following: “The action which shall take effect under section 203(a) of the Trade Act of 1974 is the finding or recommendation agreed upon by Commissioners _______, _______, and ______.” The three blank spaces shall be filled with the names of the appropriate Commissioners. (5) Whenever, in any case in which the Commission is authorized to make an investigation upon its own motion, upon complaint, or upon application of any interested party, one-half of the number of commissioners voting agree that the investigation should be made, such investigation shall thereupon be carried out in accordance with the statutory authority covering the matter in question. Whenever the Commission is authorized to hold hearings in the course of any investigation and one-half of the number of commissioners voting agree that hearings should be held, such hearings shall thereupon be held in accordance with the statutory authority covering the matter in question. **(e) Authorization of appropriations** (1) For the fiscal year beginning October 1, 1976, and each fiscal year thereafter, there are authorized to be appropriated to the Commission only such sums as may hereafter be provided by law. (2) (A) There are authorized to be appropriated to the Commission for necessary expenses (including the rental of conference rooms in the District of Columbia and elsewhere) not to exceed the following: (i) $54,000,000 for fiscal year 2003. (ii) $57,240,000 for fiscal year 2004. (B) Not to exceed $2,500 of the amount authorized to be appropriated for any fiscal year under subparagraph (A) may be used, subject to the approval of the Chairman of the Commission, for reception and entertainment expenses. (C) No part of any sum that is appropriated under the authority of subparagraph (A) may be used by the Commission in the making of any special study, investigation, or report that is requested by any agency of the executive branch unless that agency reimburses the Commission for the cost thereof. (3) There are authorized to be appropriated to the Commission for each fiscal year after September 30, 1977, in addition to any other amount authorized to be appropriated for such fiscal year, such sums as may be necessary for increases authorized by law in salary, pay, retirement, and other employee benefits. (4) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Commission to carry out its functions. **(f) Treatment of Commission under Paperwork Reduction Act** The Commission shall be considered to be an independent regulatory agency for purposes of chapter 35 of title 44.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1304 — Marking of imported articles and containers

**(a) Marking of articles** Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations— (1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear; (2) Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and (3) Authorize the exception of any article from the requirements of marking if— (A) Such article is incapable of being marked; (B) Such article cannot be marked prior to shipment to the United States without injury; (C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation; (D) The marking of a container of such article will reasonably indicate the origin of such article; (E) Such article is a crude substance; (F) Such article is imported for use by the importer and not intended for sale in its imported or any o

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19 U.S.C. § 2251 — Estimates of barriers to market access

**(a) National trade estimates** (1) **In general** — For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim) and with the assistance of the interagency advisory committee established under [section 2171(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/d/2&num=0&edition=prelim), shall— (A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of— (i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons), (ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; 11 So in original. The semicolon probably should be a comma. and (iii) United States electronic commerce,22 So in original. The comma probably should be a semicolon. (B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and (C) make an estimate, if feasible, of— (i) the value of additional goods and services of the United States, (ii) the value of additional foreign direct investment by United States persons, and (iii) the value of additional United States electronic commerce, that would have been exported to, or invested in or transacted with,,33 So in original. each foreign country during such ca

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2253 — Action to facilitate positive adjustment to import competition

**(a) Presidential action** If the United States International Trade Commission (hereinafter referred to in this part as the “Commission”) determines under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/b&num=0&edition=prelim) that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this part, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. **(b) Positive adjustment to import competition** (1) For purposes of this part, a positive adjustment to import competition occurs when— (A) the domestic industry— (i) is able to compete successfully with imports after actions taken under [section 2254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2254&num=0&edition=prelim) terminate, or (ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and (B) dislocated workers in the industry experience an orderly transition to productive pursuits. (2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-sectio

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19 U.S.C. § 2436 — Extension of nondiscriminatory treatment

**(a) Presidential proclamation** Subject to the provisions of [section 2435(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2435/c&num=0&edition=prelim), the President may by proclamation extend nondiscriminatory treatment to the products of a foreign country which has entered into a bilateral commercial agreement referred to in [section 2435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2435&num=0&edition=prelim). **(b) Limitation on period of effectiveness** The application of nondiscriminatory treatment shall be limited to the period of effectiveness of the obligations of the United States to such country under such bilateral commercial agreement. In addition, in the case of any foreign country receiving nondiscriminatory treatment pursuant to this subchapter which has entered into an agreement with the United States regarding the settlement of lendlease reciprocal aid and claims, the application of such nondiscriminatory treatment shall be limited to periods during which such country is not in arrears on its obligations under such agreement. **(c) Suspension or withdrawal of extensions of nondiscriminatory treatment** The President may at any time suspend or withdraw any extension of nondiscriminatory treatment to any country pursuant to subsection (a) and thereby cause all products of such country to be dutiable at the rates set forth in rate column numbered 2 of the Harmonized Tariff Schedule of the United States.

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19 U.S.C. § 2271 — Monitoring, modification, and termination of action

**(a) Monitoring** (1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition. (2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect. (3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration. **(b) Reduction, modification, and termination of action** (1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2252 — Identification of countries that deny adequate protection, or market access, for intellectual property rights

**(a) In general** By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under [section 2241(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2241/b&num=0&edition=prelim), the United States Trade Representative (hereafter in this section referred to as the “Trade Representative”) shall identify— (1) those foreign countries that— (A) deny adequate and effective protection of intellectual property rights, or (B) deny fair and equitable market access to United States persons that rely upon intellectual property protection, and (2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries. **(b) Special rules for identifications** (1) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries— (A) that have the most onerous or egregious acts, policies, or practices that— (i) deny adequate and effective intellectual property rights, or (ii) deny fair and equitable market access to United States persons that rely upon intellectual property protection, (B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and (C) that are not— (i) entering into good faith negotiations, or (ii) making significant progress in bilateral or multilateral negotiations, to provide adequate and effective protection of intellectual property rights. (2) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall— (A) consult with the Register of

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 58c — Fees for certain customs services

**(a) Schedule of fees** In addition to any other fee authorized by law, the Secretary of the Treasury shall charge and collect the following fees (subject to adjustment under subsection (l)) for the provision of customs services in connection with the following: (1) For the arrival of a commercial vessel of 100 net tons or more, $397. (2) For the arrival of a commercial truck, $5. (3) For the arrival of each railroad car carrying passengers or commercial freight, $7.50. (4) For all arrivals made during a calendar year by a private vessel or private aircraft, $25. (5) (A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i) of this section), $5. (B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i) of this section, $1.75. (6) For each item of dutiable mail for which a document is prepared by a customs officer (other than an item subject to a fee under subsection (b)(9)(D)), $5. (7) For each customs broker permit held by an individual, partnership, association, or corporate customs broker, $125 per year. (8) For the arrival of a barge or other bulk carrier from Canada or Mexico, $100. (9) (A) For the processing of merchandise that is formally entered or released during any fiscal year, a fee in an amount equal to 0.21 11 See Rates for Merchandise Processing Fees notes below. percent ad valorem, unless adjusted under subparagraph (B). (B) (i) The Secretary of the Treasury may adjust the ad valorem rate specified in subparagraph (A) to an ad valorem rate (but not to a rate of more than 0.21 1 percent nor less than 0.15 percent) an

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19 U.S.C. § 2241 — Change of name

**(a) Former United States Tariff Commission** The United States Tariff Commission (established by [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330&num=0&edition=prelim)) is renamed as the United States International Trade Commission. **(b) References in law and other documents** Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 91, 92 — Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643

### Statutory Notes Section 91, act Sept. 8, 1916, ch. 463, § 700, 39 Stat. 795, related to organization of the Commission. See [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330&num=0&edition=prelim). Section 92, act Sept. 8, 1916, § 701, 39 Stat. 795, related to general power and personnel of the Commission. See [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1331&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1330 — Organization of Commission

Page 104 TITLE 19—CUSTOMS DUTIES § 1330 1 So in original. Probably should not be capitalized. is the product of such country, for such time as he deems necessary, to a rate not more than 50 percent above the rate existing on July 1, 1934. (June 17, 1930, ch. 497, title III, § 323, as added Pub. L. 87–794, title II, § 257(i), Oct. 11, 1962, 76 Stat. 883.) PART II—UNITED STATES INTERNATIONAL TRADE COMMISSION § 1330. Organization of Commission (a) Membership The United States International Trade Com- mission (referred to in this subtitle as the ‘‘Commission’’) shall be composed of six com- missioners who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. No person shall be eligible for appoint- ment as a commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed of qualifications req- uisite for developing expert knowledge of inter- national trade problems and efficiency in ad- ministering the duties and functions of the Com- mission. A person who has served as a commis- sioner for more than 5 years (excluding service as a commissioner before January 3, 1975) shall not be eligible for reappointment as a commis- sioner. Not more than three of the commis- sioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed al- ternately as nearly as may be practicable. (b) Terms of office The terms of office of the commissioners hold- ing office on January 3, 1975, which (but for this sentence) would expire on June 16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, shall expire on December 16, 1976, June 16, 1978, December 16, 1979, June 16, 1981, December

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