The U.S. International Trade Commission is an independent, nonpartisan, 

quasi-judicial federal agency that provides trade expertise to both the legislative 

and executive branches of government, determines the impact of imports on U.S. 

industries, and directs actions against certain unfair trade practices, such as 

patent, trademark, and copyright infringement. ITC analysts and economists 

investigate and publish reports on U.S. industries and the global trends that 

affect them. The agency also maintains the National Library of International 

Trade, a specialized library open to the public. 
Commissioners: 

Peter S. Watson, Chairman 

Janet A. Nuzum, Vice Chairman 

David B. Rohr 

Don E. Newquist 

Carol T. Crawford ' 

Lynn M . Bragg 

United States 

International 

Trade 

Commission 

Annual 

Report 

Fiscal Year 1994 
Address all communications to: 

United States International Trade Commission 

500 E Street SW 

Washington, DC 20436 

USITC Publication 2873 
CONTENTS 

Messag e from the Chairma n 5 

T h e Commissio n 7 

T h e Commissioner s 8 

Introduction 11 

Part I. Highlights 13 

Investigations Under Title VII of the Tariff Act of 1930 13 

Investigations Under Section 337 of the Tariff Act of 1930 13 

Investigations Under the Trade Act of 1974 14 

Investigations Under the Agricultural Adjustment Act of 1933 .. . 14 

Investigations Under Section 332 of the Tariff Act of 1930 14 

Studies Analyzing Various Aspects of U:S. Trade 

Agreements and Other Special Trade Programs 15 

Studies on Special Areas of Congressional or 

USTR Interest 16 

Studies Analyzing the Competitiveness of U.S. Industry ... . 16 

Studies Conducted on a Recurring Basis 17 

Annual Report On The U.S. Trade Agreements Program 17 

Part IS. Organizational Activities 19 

Office of Operations 19 

Office of Investigations 19 

Office of Industries 20 

Office of Economics 20 

Office of Tariff Affairs and Trade Agreements 22 

Office of Unfair Import Investigations 23 

Trade Remedy Assistance Office 25 

Office of Information Services 26 

Library Services 26 

Office of Administration 26 

Office of Finance and Budget 27 

Office of Management Services 27 

Office of Personnel 28 

Equal Employment Opportunity 28 

Office of the Administrative Law Judges 28 

Office of Congressional Liaison 29 

Office of Inspector General 30 

Office of the Secretary 31 

Office of Executive and International Liaison 31 

Office of the General Counsel 32 

Office of Public Affairs 33 

Part III. Management an d Financ e 35 

Figure s 

1. ITC Organization 36 

2. Summary of Principal Activities, Fiscal Year 1994 37 

3. Statutory Timetables for Antidumping and Countervailing 

Duty Investigations 38 

Appendixe s 

A. Summary of Investigations Completed During Fiscal Year 1994 

and Pending on September 30,1994 41 

B. Reports Completed During Fiscal Year 1994 and Pending 

on September 30,1994 69 

C. Statutes Involving the U.S. International Trade Commission 73 

D. Reports Submitted to Congress on Proposed Legislation, 

Fiscal Year 1994 77 

E. Litigation in Fiscal Year 1994 85 

3 
/ 

\ 
MESSAGE FROM THE CHAIRMAN 

This past year was 

characterized by greater concern 

in the public and private sectors 

regarding the challenges of 

international trade and by a 

corresponding increase in the 

demands placed on the resources 

of the U.S. International Trade 

Commission (ITC). 

As the government's "think 

tank" on international trade, we 

played a major part in the 

international trade community 

by providing counsel, technical 

assistance, and analysis to 

Congress and the executive 

branch on a wide variety of 

issues. In addition, our statutory 

investigations took on added 

dimensions as trade patterns 

continued to become more 

complex. In our research and 

adjudicative capacities, we were 

mindful of our responsibility to 

maintain the expertise necessary 

to keep pace with the dynamic 

world economy. 

This past year saw 

significant changes in the world 

market—in particular, the 

signing of the Uruguay Round 

Agreements and the 

implementation of the North 

American Free Trade Agreement 

(NAFTA)—along with growing 

interest in the economic effects 

on U.S. industry of the 

globalization of markets. The 

breadth of ITC studies 

completed and undertaken 

during the year reflects this 

heightened interest and 

showcases the wide-ranging 

expertise of ITC staff. In this 

regard, the Commission 

undertook efforts to expand its 

modeling capabilities by adding 

a global model to its in-house 

U.S. model. These models 

allow the Commission to assess 

the potential economic effects of 

various trade policy options. 

The ITC carried a 

considerable investigative 

caseload during the past year. 

Title VI I filings during the year 

nearly doubled from FY 1993 

levels, with the majority of them 

concerning allegations of 

dumping. Section 337 

investigations during the year 

covered a wide range of 

complex products and processes, 

including microelectronic 

devices, microwave filters for 

satellites, and recombinant DNA 

technology. The Commission 

also adopted new rules of 

practice and procedure that will 

govern all section 337 

investigations instituted after 

August 31,1994. 

The Commission's 

involvement in the work of the 

Customs Cooperation Council 

(now informally called the 

World Customs Organization or 

WCO) to update the 

Harmonized Tariff System 

continues. By April 1994, the 

system had been adopted by 75 

countries, including the United 

States. The use of this tariff 

classification system facilitates 

the preparation of international 

trade documentation, the 

comparison of foreign trade 

statistics, and the negotiation of 

international trade agreements. 

The Commission staff has 

contributed to further 

improvement of the system 

through the development and 

representation of proposals 

which reflect the needs of the 

U.S. business community. 

As 1994 ends, we welcome 

the opportunity to meet new 

challenges and we look forward 

to continuing to play a major 

part in the international trade 

community. We expect to 

perform our responsibilities with 

a continued sense of dedication 

and commitment to the highest 

professional standards. For the 

Commission, problems and 

challenges have always been 

opportunities to broaden our 

expertise, sharpen our skills, and 

increase our efficiency. We look 

forward to more of the same in 

1995. 

Peter S. Watson 

Chairman 
V 

J 

•k' :' 

'R|p| s; 

$1 £ — 
T HE COMMISSION 

The ITC is an independent, 

nonpartisan, quasi-judicial federal agency established by Congress with a wide range of traderelated mandates. Under its 

factfinding authority, the ITC 

exercises broad investigative 

powers on matters of trade. In 

its adjudicative role, the ITC 

makes determinations with 

respect to unfair trade practices. 

As the government's think tank 

on international trade, the ITC is 

a national resource where trade 

data are gathered and analyzed. 

Information and analysis are 

provided to the President and the 

Congress to assist them in 

developing U.S. trade policy. 

ITC activities include — 

• determining whether U.S. industries are materially injured 

by reason of imports that 

benefit from pricing at less 

than fair value or from subsidization; 

• directing actions, subject to 

Presidential disapproval, 

against unfair trade practices 

such as patent infringement; 

• making recommendations to 

the President regarding relief 

for industries seriously injured by increasing imports; 

• advising the President whether agricultural imports interfere with price-support programs of the U.S. Department 

of Agriculture; 

• providing objective analyses 

of other major trade issues, 

including estimating the probable economic effects of trade 

agreements; 

• analyzing the competitiveness 

of specific industries, seeking 

to identify economic factors 

within the industry as well as 

external factors that affect the 

industry's competitiveness; 

and 

• participating in the development of uniform statistical 

data on imports, exports, and 

domestic production and in 

the establishment of an international harmonized commodity code. 

The six Commissioners are 

appointed by the President and 

confirmed by the Senate for 

terms of nine years, unless 

appointed to fil l an unexpired 

term. The terms are set by 

statute and are staggered so that 

a different term expires every 18 

months. A Commissioner who 

has served for more than five 

years is ineligible for reappointment. No more than three Commissioners may be members of 

the same political party. The 

Chairman and the Vice Chairman are designated by the President and serve for a statutory 

two-year term. The Chairman 

may not be of the same political 

party as the preceding Chairman, nor may the President designate two Commissioners of the 

same political party as the 

Chairman and Vice Chairman. 

Summary of Investigations Completed, Fiscal Year 1994 

Tariff Ac t of 1930: 

Section 332—general factfinding investigations 8 

Section 337—investigations of alleged unfair practices 

in the import and sale of imported products 16 

Antidumping and countervailing duty investigations 

(83 antidumping investigations—60 prehminary and 23 final; 

13 countervailing duty investigations—10 preliminary and 

3 final; Section 303 countervailing duty investigations— 

2 preliminary and 0 final) 98 

Section 751—review investigations 1 

Trade Ac t of 1974: 

Section 406—market disruption investigations 1 

Sections 131 and 503—advice on possible trade agreements .. . 1 

Omnibu s Trade and Competitivenes s Ac t of 1988: 

Section 1205—modifications to the 

Harmonized Tariff Schedule 2 

Agricultural Adjustment Ac t of 1933: 

Section 22—import interference with agricultural programs .. . 2 

Total 129 

Investigations completed during fiscal year 1994 and investigations 

pending on September 30,1994, are shown in appendix A. 
T HE 

Peter S . Watson 

Chairman 

Jane t A. Nuzum 

Vice Chairman 

David B . Roh r 

S 

Peter S. Watson, a Republican of California, was designated Chairman of the ITC by 

President Clinton for the term June 17,1994, through June 16,1996, after serving as the 

ITC's Vice Chairman for the term June 17, 1992, through June 16, 1994. Mr. Watson was 

nominated to the Commission by President Bush on October 23,1991, for the term December 17, 1991, through December 16, 2000. Prior to his appointment to the ITC, Mr. Watson 

served in the White House as Director of Asian Affairs at the National Security Council from 

1989 to 1991. During 1976 and from 1978 through 1988, Mr. Watson practiced international 

and business law in Los Angeles and Washington, DC. He has been an adjunct Associate 

Professor in International Trade & Investment Law and International Business Law. From 

1985 through 1986, Mr. Watson served as Chairman of the Los Angeles County Bar 

Association's International Law Section and, from 1986 through 1987, was Chairman ofthe 

State Bar of California's International Practice Committee. 

Janet A. Nuzum, a Democrat of Virginia, was designated Vice Chairman of the ITC by 

President Clinton for the term June 17,1994, through June 16,1996. She became a member 

of the Commission on November 26,1991, to fil l an unexpired term ending June 16,1996. 

Prior to this appointment, Ms. Nuzum was a member of the professional staff of the 

Committee on Ways and Means' Subcommittee on Trade in the U.S. House of Representatives for almost nine years, advising Members of Congress on a broad range of international 

trade law and policy issues. Ms. Nuzum is a member of the bar of the District of Columbia. 

Since 1990, she has served in various leadership positions on the International Trade 

Committees of the D.C. Bar Association and the American Bar Association. She is also a 

past member of the Board of Directors of the Association of Women in International Trade. 

Ms. Nuzum received her B.A. from Smith College and her J.D. from the Georgetown 

University Law Center. 

David B. Rohr, a Democrat of Maryland, became a member of the Commission on 

March 27,1984, and was subsequently reappointed to a term ending December 16,1994. 

He is the senior Commissioner in terms of length of service. Before his appointment to the 

ITC, Mr. Rohr was staff director of the Committee on Ways and Means' Subcommittee on 

Trade in the U.S. House of Representatives. He was a trade advisor and the principal 

liaison with the ITC, the Office of the United States Trade Representative, and other federal 

agencies. Mr. Rohr also served as Director of the Trade Negotiations and Agreements 

Division of the U.S. Department of Commerce. He joined the Department of Commerce in 

1961 as an international economist. Mr. Rohr is a graduate of Colorado State University, 

where he received a bachelor's degree in business administration and a master's degree in 

economics. 
Don E. Newquist, a Democrat of Texas, was appointed to the ITC to fil l an 

unexpired term on October 18, 1988, and reappointed to a nine-year term ending 

December 16,1997. During FY 1994, Mr. Newquist completed a two-and-one-half year 

term as Chairman of the ITC. He was first designated Chairman by President Bush on 

December 13,1991, and was redesignated as Chairman on June 16,1992, for the term 

ending June 16, 1994. Before his appointment to the Commission, Mr. Newquist was 

with Valero Energy Corporation as Senior Vice President for Corporate Relations. He 

also served as general manager of the Chamber of Commerce of Denver, CO, and before 

that was with the Chamber of Commerce of Corpus Christi, TX. He is a past president 

of the South Texas Chamber of Commerce. 

Carol T. Crawford, a Republican of Virginia, was appointed by President Bush and sworn 

in as a member of the Commission on November 22,1991, for the term ending June 16, 

1999. Prior to her appointment, Ms. Crawford was Assistant Attorney General (Legislative 

Affairs) in the U.S. Department of Justice. From 1985 to 1989, she served as Associate 

Director of the Office of Management and Budget where she was responsible for budget and 

policy oversight for five cabinet level departments and related agencies. She served at the 

Federal Trade Commission as Director of the Bureau of Consumer Protection from 1983 to 

1985 and as Executive Assistant to the Chairman from 1981 to 1983. Previously, she 

practiced law in Washington, D.C, was Senior Legislative Assistant to Senator Bob 

Packwood (R-OR), and was on the legislative staff of Rep. Robert Denney (R-NE). Ms. 

Crawford holds a B.A. from Mt. Holyoke College and a J.D., magna cum laude, from the 

Washington College of Law, American University. 

Lynn Munroe Bragg, a Republican of Maryland, was appointed by President Clinton and 

was sworn in as a member of the Commission on March 31,1994, for the term ending June 

16, 2002. Prior to her appointment to the ITC, Ms. Bragg served in a senior management 

position with the Edison Electric Institute. As a director of government affairs, she advised 

member companies on legislative matters relating to fossil fuels and industry structure issues. 

From 1981 to 1991, Ms. Bragg served on the staff of Senator Malcolm Wallop of Wyoming. 

In that position, she worked extensively on energy, tax, and trade issues as the legislative 

director and a legislative assistant. Before joining Senator Wallop's staff, Ms. Bragg held 

several positions in the corporate affairs department of the Potomac Electric Power Company 

(PEPCO) in Washington, DC. She holds a bachelor's degree from Mary Washington College 

and a master's degree in public relations from Boston University. 

INTRODUCTION 

Fiscal year 1994 was a 

remarkable year in the global 

trade arena, marked by two 

events that will affect the conduct of international trade for 

years to come: the passage and 

implementation of the NAFTA 

among the United States, 

Canada, and Mexico, and the 

conclusion of the seven-year 

Uruguay Round negotiations 

under the General Agreement on 

Tariffs and Trade (GATT). 

The ITC furnished technical 

support to policymakers in these 

and other trade matters throughout the year, providing objective 

economic and analytical expertise to the United States Trade 

Representative (USTR) and the 

Congress as they worked to 

formulate U.S. policy. Throughout the year, numerous ITC staff 

members also provided direct 

assistance to the USTR in 

connection with the GATT 

negotiations. 

The year also brought the 

ITC one of its most complex and 

challenging investigations: a 

request from the President to 

determine whether imports of 

wheat, wheat flour, and semolina 

were interfering with the wheat 

program of the U.S. Department 

of Agriculture. The Commission held public hearings in the 

wheat-growing regions of North 

Dakota and Montana as well as 

in Washington, DC, in connection with the investigation. ITC 

staff analyzed an exhaustive 

amount of data utilizing sophisticated economic modeling tools 

designed to assist Commissioners in reaching their 

findings, which are detailed in 

appendix A of this report. 

In other statutory investigation areas, nearly twice as 

many antidumping/countervailing duty petitions were filed 

with the ITC in FY 1994 as were 

filed in FY 1993, the majority of 

them involving allegations of 

dumping. High technology 

matters continued to highlight 

investigations under section 337, 

which involve allegations of 

unfair import practices. 

The ITC generated a 

number of factfinding studies of 

interest to policymakers as well 

as the media and public during 

the year. Among these were a 

study on 77ie Economic Effects 

of Significant U.S. Import 

Restraints, which evaluated the 

cost to the national economy of 

various import restraints imposed under U.S. law; the ITC's 

first Annual Report on the 

Andean Trade Preference Act, 

which reviewed the impact of 

that law on U.S. industries and 

consumers as well as Andean 

drug crop eradication and crop 

substitution activities; Potential 

Impact on the U.S. Economy and 

Industries ofthe GATT Uruguay 

Round Agreements, which 

analyzed the economy-wide 

effects of the Uruguay Round 

Agreements and the potential 

impact of their tariff and 

non-tariff provisions on trade, 

production, employment, and 

consumers for 58 individual 

agricultural, industrial, and 

service sectors of the economy; 

and The Year in Trade, an annual 

examination of the administration of U.S. trade policy 

which this year provided a 

practical guide to the 21 major 

agreements reached during the 

GATT Uruguay Round 

negotiations and an overview of 

the new World Trade Organization. 

In addition, the agency 

completed a report for the House 

Committee on Ways and Means 

that contained a proposed 

reorganization of U.S. trade 

relief laws, and it continued to 

investigate the global 

competitiveness of key U.S. 

high-technology manufacturing 

industries for the Senate 

Committee on Finance, 

completing a study on the 

computer industry. The agency 

also responded to hundreds of 

congressional requests for 

information and received 439 

requests for bill reports, which 

analyze proposed miscellaneous 

tariff legislation, from Members 

of Congress. 

A new Chairman took the 

helm at the ITC during FY 1994. 

In June, President Clinton 

designated Peter S. Watson as 

Chairman to succeed Don E. 

Newquist, whose term as 

Chairman expired. Janet A. 

Nuzum was designated Vice 

Chairman. The year also saw 

the departure of Anne E. 

Bransdale, who served as a 

Commissioner for more than 

eight years, and the arrival of 

Lynn M . Bragg, who was sworn 

in as a Commissioner in March 

1994. 

PART I. HIGHLIGHTS 

INVESTIGATIONS 

UNDER TITLE VI I 

OF THE TARIFF ACT 

OF 1930 

Under title VII of the Tariff 

Act of 1930, U.S. industries may 

petition the government for 

relief from imports that are sold 

in the United States at less than 

fair value ("dumped") or which 

benefit from subsidies provided 

through foreign government 

programs. 

Under the law, the U.S. 

Department of Commerce 

determines whether the dumping 

or subsidizing exists and, if so, 

the margin of dumping or 

amount of the subsidy. The ITC 

determines whether the dumped 

or subsidized imports materially 

injure or threaten to materially 

injure the U.S. industry. A more 

detailed explanation of antidumping/countervailing duty 

laws is included in appendix C. 

Nearly twice as many title 

V II petitions were filed with the 

Commission in FY 1994 as were 

filed in FY 1993 (70 versus 37), 

with the majority involving 

allegations of dumping (59 of 

the 70). The petitions covered a 

wide variety of products, 

including paper clips, phthalic 

anhydride, pencils, silicomanganese, saccharin, 

coumarin, stainless steel bar, 

fresh garlic, fresh cut roses, 

carbon steel wire rod, carbon 

steel butt-weld pipe fittings, 

primary magnesium, stainless 

steel angles, disposable lighters, 

ferrovanadium, furfuryl alcohol, 

canned pineapple, carbon steel 

seamless pipes, oil country 

tubular goods, glycine, carbon 

steel pipe nipples, and wheel 

inserts. 

The Commission also 

finished work on a number of 

other cases that had been filed 

during FY 1993. These included 

cases involving stainless steel 

wire rod, stainless steel flanges, 

ferrosilicon, defrost timers, 

stainless steel pipes, calcium 

aluminate cement, steel wire 

rod, nitromethane, silicon 

carbide, aramid fiber, sebacic 

acid, stainless steel pipe fittings, 

silicon electrical steel, and 

photographic paper. 

One title VII review 

investigation was instituted on 

ceiling fans from China. 

(See appendix A for a complete 

list of investigations and accompanying details.) 

INVESTIGATIONS 

UNDER SECTION 337 

OF THE TARIFF ACT 

OF 1930 

Under section 337 of the 

Tariff Act of 1930, the ITC 

conducts investigations into 

certain alleged unfair practices 

in import trade. Most complaints 

filed under this provision 

involved allegations of patent 

infringement, trademark 

infringement, or misappropriation of trade secrets. 

A more detailed explanation of 

section 337 is included in appendix C. 

In FY 1994, as in previous 

years, the ITC's section 337 

caseload was highlighted by 

investigations involving several 

high-technology products. 

Significant among these were 

computer-related investigations 

concerning semiconductor 

devices, circuit board testers, 

multitasking memory management, connecting devices for 

local area networks, computer 

disk drives, and facsimile machines. In addition, several 

investigations involved other 

sophisticated technology, including pharmaceuticals (a widely 

used cardiovascular medication 

Commissioner Carol 

Crawford, Vice 

Chairman Janet 

Nuzum, and 

Commissioner 

David Rohr review 

exhibits in an 

antidumping 

investigation 

involving pencils 

from Thailand. 

13 
and recombinantly produced 

human growth hormones), 

microwave filters used in satellites, industrial polymer products, and chemical adhesives. 

During FY 1994, five ofthe 

pending investigations in these 

technology areas involved 

allegations that complainants' 

patented processes were being 

employed abroad, without 

authorization, to produce products that respondents imported 

into the United States. 

One section 337 investigation involved allegations that 

respondents had misappropriated 

the complainant's trade secrets 

and were using the alleged trade 

secrets in manufacturing operations abroad to make removable 

hard disk cartridges for computers that were subsequently 

imported into the United States. 

This investigation also included 

allegations that respondents' 

products infringed complainant's 

registered trademarks. 

Two of the Commission's 

section 337 investigations were 

based on allegations that respondents' products infringed U.S. 

patents covering the overall 

appearance or design of a product. Additional patent-based 

section 337 investigations 

focused on products such as 

rechargeable batteries, automobile alarm systems, automobile 

disc brake lathes, remote controls for televisions, and audible 

alarm devices for divers. 

Also in FY 1994, the Commission instituted a formal 

enforcement proceeding based 

on allegations of violations of a 

cease and desist order issued by 

the Commission in a section 337 

investigation involving plastic 

encapsulated integrated circuits. 

INVESTIGATIONS 

UNDER THE TRADE 

ACT OF 1974 

Under section 406 of the 

Trade Act of 1974, the Commission determines whether imports 

from a Communist country are 

causing market disruption in the 

United States. If the Commission finds market disruption, it 

makes a remedy recommendation to the President, who makes 

the final decision with respect to 

remedy. 

A more detailed description 

of section 406 is included in 

appendix C. 

In FY 1994, the ITC instituted one market disruption 

(section 406) investigation, 

which involved honey from China. In this investigation the 

Commission made an affirmative determination, but the President declined to impose import 

relief. Details are presented in 

appendix A. 

INVESTIGATIONS 

UNDER THE 

AGRICULTURAL 

ADJUSTMENT 

ACT OF 1933 

Under section 22 of the 

Agricultural Adjustment Act, the 

ITC investigates, at the direction 

of the President, whether imports materially interfere with 

programs of the U.S. Department of Agriculture. The Commission makes findings and 

recommendations to the President, who may impose an import 

fee or quota on the imports in 

question. A more detailed 

description of section 22 is 

included in appendix C. 

During FY 1994, the ITC 

instituted two section 22 investigations: one concerning peanut 

butter and peanut paste and one 

concerning wheat, wheat flour, 

and semolina. (See appendix A 

for details of the investigations.) 

The wheat investigation was 

one of the most challenging ever 

conducted by the Commission. 

Over a six-month period, the 

Commission gathered an exhaustive amount of data on the 

market dynamics for wheat, 

received hundreds of submissions, and heard testimony 

directly from affected farmers at 

hearings in Bismarck, ND; 

Shelby, MT; and Washington, DC. Data analysis conducted by ITC staff in the investigation applied very sophisticated economic modeling tools. 

INVESTIGATIONS 

UNDER SECTION 332 

OF THE TARIFF ACT 

OF 1930 

Under section 332 of the 

Tariff Act of 1930, the ITC 

conducts general investigations 

on any matter involving tariffs 

and international trade. Some of 

the most significant analytical 

section 332 studies completed 

during the year are highlighted 

below. Detailed information on 

other ITC reports completed 

during FY 1994 or pending on 

September 30,1994, is provided 

in appendix B. 
Studies Analyzing 

Various Aspects of U.S. 

Trade Agreements and 

Other Special Trade 

Programs 

Potential Impact on the U.S. 

Economy and Industries of 

the GATT Uruguay RoundAgreements (332-353) 

On March 22, 1994, the 

House Committee on Ways and 

Means and the Senate Committee on Finance requested that the 

ITC analyze the impact of the 

Uruguay Round Agreements 

(URA) of the GATT on the U.S. 

economy, focusing on important 

agricultural, industria], and service sectors. The ITC report, 

submitted in June 1994, 

reviewed and analyzed studies 

of the economy-wide effects of 

the URA and analyzed the 

potential impact of tariff and 

nontariff provisions of the URA 

on trade, production, employment, and consumers for 58 

individual agricultural, industrial, and service sectors of the 

U.S. economy. 

The ITC found that the 

long-term net trade effects of the 

GATT Uruguay Round Agreements are likely to be small but 

positive for most sectors of the 

U.S. economy, noting that the 

results in the study are based on 

a partial equilibrium economic 

model which by nature cannot 

capture the long-term dynamic 

gains from liberalized trade, 

which could in fact be larger. 

North American Free-Trade 

Agreement: Probable 

Economic Effect on U.S. 

Industries and Consumers of 

Accelerated Elimination of 

U.S. Tariffs on Certain 

Articles from Mexico and 

Canada (332-355) 

On May 26, 1994, the 

USTR requested that the ITC 

advise the President as to the 

probable economic effect on 

domestic industries producing 

like or directly competitive 

articles and on consumers of the 

immediate elimination of the 

U.S. tariff under the NAFTA 

with respect to certain dutiable 

articles. The NAFTA requires 

that the President obtain advice 

from the ITC regarding such 

proposed actions. The ITC 

report containing classified 

information was delivered to the 

USTR on August 24,1994. 

Annual Report on the Impact 

ofthe Andean Trade Preference Act on U.S. Industries 

and Consumers and on Drug 

Crop Eradication and Crop 

Substitution (332-352) 

Section 206 of the Andean 

Trade Preference Act (ATPA) 

requires the ITC to submit 

annual reports to Congress and 

the President on the economic 

impact of the ATPA on U.S. 

industries and consumers. The 

first annual report, submitted in 

September 1994, also discussed 

the ATPA's effectiveness in 

promoting drug-related crop 

eradication and crop substitution 

in the four Andean beneficiary 

countries — Bolivia, Colombia, 

Ecuador, and Peru. ITC staff, 

using a standard economic 

model, found that gains to consumers resulting from ATPA 

duty reduction were greater than 

the corresponding loss in tariff 

revenue to the U.S. Treasury. 

Given the newness of the program, no precise estimate of the 

impact of ATPA on promoting 

drug-related crop eradication 

and crop substitution was possible at the time of this report. 

U.S. Imports of Textiles and 

Apparel Under the Multifiber 

Arrangement, Annual Report 

for 1993 (332-343) 

On June 15,1993, the 

Commission instituted on its 

own motion an investigation on 

U.S. imports of textiles and 

apparel under the Multifiber 

Senator Byron 

Dorgan (D-ND), 

Senator Kent 

Conrad (D-ND), 

and Congressman 

Earl Pomeroy 

(D-ND) testify at a 

field hearing in 

Bismarck, ND, in 

connection with 

the ITC's section 22 investigation involving 

wheat, wheat 

flour, and 

semolina. 

15 
Commissioners 

Don Newquist and 

David Rohr review 

testimony during an 

ITC hearing in 

connection with its 

factfinding 

investigation into the 

economic effects of 

U.S. antidumping 

and countervailing 

duty orders and 

suspension 

agreements. 

Arrangement (MFA). The 

annual reports in this investigation provide statistics on U.S. 

textiles and apparel imports for 

the most recent year and at least 

three preceding years, broken 

down by fibers, broad product 

groups, regional country groups, 

and individual countries. Data 

are presented for each of the top 

35 supplying countries in terms 

of the nearly 150 product categories used to administer the 

U.S. textiles and apparel trade 

agreements program. The ITC 

has published similar data each 

year since 1981; the annual 

report containing 1993 data was 

published in March 1994. 

16 

Studies on Special Areas 

of Congressional or USTR 

Interest 

The Economic Effects of 

Significant U.S. Import 

Restraints (332-325) 

On June 5, 1992, the USTR 

requested that the ITC periodically update its earlier studies on 

the economic effects on the U.S. 

economy of significant U.S. 

import restraints. The ITC 

report, submitted in November 1993, is the first of these 

updates. The report addressed 

liberalization of significant U.S. 

import restraints in manufacturing, agriculture, and 

services. The report observed 

that the Multifiber Arrangement, 

maritime restrictions under the 

Jones Act, and agricultural 

quotas were the U.S. import 

restraints having the greatest 

impact on the U.S. economy. 

The ITC found that simultaneous liberalization of all significant U.S. import restraints 

could benefit the U.S. economy 

by approximately $19 billion (in 

1991 dollars, the base year of 

the study). A primary reason for 

the gains would be lower consumer prices in the previously 

protected sectors once the 

import restraints were removed. 

Although domestic producers in 

the previously protected sectors 

would be adversly affected by 

liberalization, the benefit to 

consumers from lower prices 

would more than compensate for 

specific losses experienced in 

individual sectors. 

Proposed Reorganization of 

the U.S. International Trade 

Relief Laws (332-341) 

On December 16,1992, the 

House Committee on Ways and 

Means requested that the ITC 

conduct a study and prepare a 

report containing a proposed 

reorganization of U.S. trade 

relief laws. The Committee 

asked that the report include 

trade relief laws under which 

tariffs and quantitative restrictions are imposed, including the 

antidumping and countervailing 

duty laws. The Committee 

requested that the ITC proposals 

seek to achieve the following 

objectives: logical and accessible arrangement of the law, 

elimination of duplicative 

provisions, and elimination or 

simplification of anomalous or 

illogical provisions, to the extent 

possible without substantive or 

procedural changes to existing 

provisions of law. 

The ITC report, submitted 

in December 1993, included proposed reorganizations of the 

laws found in sections 201-204 

of the Trade Act of 1974 (safeguards law); section 406 of the 

Trade Act of 1974 (market 

disruption from Communist 

countries); section 232 of the 

Trade Expansion Act of 1962 

(national security); section 303 

and title VII of the Tariff Act of 

1930 (antidumping and countervailing duty laws); section 337 

of the Tariff Act of 1930 (unfair 

import practices); sections 

301-310 of the Trade Act of 

1974 (enforcement of U.S. rights 

under trade agreements); laws 

relating to the Generalized 

System of Preferences and trade 

preferences for Caribbean Basin 

and Andean countries; and 

several other laws. 

Studies Analyzing the 

Competitiveness of U.S. 

Industry 

Global Competitiveness of 

U.S. Advanced-Technology 

Industries: Computers 

(332-339) 

On June 11, 1992, the 

Senate Committee on Finance 
requested that the ITC examine 

the global competitiveness of the 

U.S. computer hardware industry. The ITC report, submitted 

in December 1993, provided 

separate competitive assessments of U.S. manufacturers of 

personal computers (PCs), work 

stations, mainframes and minicomputers, and super-computers. 

The report identified and discussed the implications of 

prevailing industry trends, such 

as the downsizing of computer 

platforms and the commoditization of PC components and 

computers, and it examined the 

effects on the industry of foreign 

and domestic government policies, trade restraints, and research and development financing. 

Among its findings, the ITC 

reported that U.S. hardware 

manufacturers remain among the 

most competitive firms in the 

global computer hardware 

industry; that large amounts of 

government funding has helped 

to establish computer industries 

in the United States, Japan, and 

Europe, but that U.S. government programs have emphasized 

defense applications while 

foreign programs have emphasized civilian applications; that 

restricting exports of advanced 

U.S. computing technologies for 

national security reasons appears 

to have hampered U.S. firms' 

competitiveness in foreign 

markets; and that U.S. firms 

account for over 55 percent of 

the global PC market, which 

increasingly resembles a pricesensitive consumer electronics 

market, and for 64 percent of the 

revenues in the $56 billion 

global market for mainframes 

and minicomputers. 

U.S. Trade Shifts in Selected 

Industries, 1993 Annual 

Report (332-345) 

On August 27,1993, the 

Commission instituted on its 

own motion an annual investigation to review U.S. trade performance, focusing on changes in 

the import, export, and trade 

balances of services transactions 

and key agricultural and merchandise sectors. The current 

report also profiles the U.S. 

industry and market for nearly 

300 commodity groups, providing estimated data for 1989-93 

on domestic consumption, 

production, employment, trade, 

and import penetration. For the 

first time, the current report 

includes information on the 

trade balance for the U.S. service sector as a whole and by 

selected service industry accounts, as well as the U.S. 

surpluses on service accounts 

with selected trading partners. 

The report also summarizes the 

significant factors affecting the 

U.S. trade balance over a 

13-year period (1980-93), highlighting selected industries. The 

ITC has published such reports 

on a quarterly, semiannual, or 

annual basis since 1981; the 

annual report containing data for 

the years 1989-93 was published 

in September 1994. 

ANNUA L REPORT 

ON THE U.S. TRADE 

AGREEMENTS 

PROGRAM 

The Year in Trade, 1993 

Section 163(b) ofthe Trade 

Act of 1974 requires the ITC to 

submit to the Congress an 

annual report on the operations 

of the trade agreements program. The report, now known 

as The Year in Trade, provides 

the Congress with factual information on trade policy and its 

administration. It also serves as 

an historical record of the major 

trade-related activities of the 

United States for use as a general reference by government 

officials and others with an 

interest in U.S. trade relations. 

The Year in Trade, 1993, 

published in June 1994, provides ' 

a practical guide to over 20 

major agreements reached 

during the seven-year long 

Uruguay Round negotiations and 

an overview of the World Trade 

Organization. It also examines 

two important regional trade 

developments during the passage 

of the NAFTA implementing 

legislation and the meeting of 

Asia-Pacific Economic Cooperation leaders. The publication 

includes complete listings of 

antidumping, countervailing 

duty, intellectual property rights 

infringement, and Section 301 

cases undertaken by the U.S. 

government for 1993. An index 

geared to trade specialists crossreferences the report by country 

and commodity. 

Studies Conducted on a 

Recurring Basis 
1 
PART II. ORGANIZA 

OFFICE OF 

OPERATIONS 

The ITC's core of investigative, industry, economic, nomenclature, and technical expertise 

is found within the Office of 

Operations. Under the supervision of the Director, staff in the 

component offices of Operations 

complete all statutory investigations, studies, and special work 

projects assigned by the Commission. The work includes 

completing the investigations 

within statutory deadlines and 

with a level of accuracy and 

detail suitable for subsequent 

review by the courts. The office 

is also responsible for informational resources and statistical 

services. 

Office of Investigations 

The Office of Investigations 

conducts the ITC's countervailing duty, antidumping, and 

review investigations under 

title VII ofthe Tariff Act of 

1930; escape clause and market 

disruption investigations under 

the Trade Act of 1974; and 

investigations under section 22 

of the Agricultural Adjustment 

Act. 

The primary responsibility 

of the Office of Investigations is 

to prepare an objective and 

comprehensive report in each 

investigation that will enable the 

Commission to determine, on 

the basis of the facts of the 

investigation, whether a U.S. 

industry has been injured or is 

threatened with injury by reason 

of unfair imports of products 

like those it produces. The key 

investigations conducted by 

Investigations during FY 1994 

are discussed in the Highlights 

section of this report. 

In each investigation, an 

investigative team (made up of a 

supervisory investigator, an 

investigator, and an accountant/ 

auditor from Investigations as 

well as an economist, a commodity-industry analyst, and an 

attorney) develops a thorough 

understanding of the conditions 

of competition within the domestic market of the industry 

under investigation. Largely 

through industry-specific questionnaires, telephone interviews, 

plant visits, and consultations 

with technical and marketing 

specialists, the team collects and 

analyzes the extensive data that 

constitute the report to the 

Commission. Data presented in 

)NAL ACTIVITIES 

the staff's report include, but are 

not limited to: the industry's 

productive capacity, actual production, capacity utilization, 

domestic and export shipments, 

inventories, imports, domestic 

market shares held by U.S. and 

foreign suppliers, employment, 

hours worked, productivity, 

wages and total compensation 

paid, unit labor costs, pricing, 

distribution channels, and full 

financial data on the U.S. companies producing the product 

under investigation. Somewhat 

more limited information about 

the foreign industry producing 

the product under investigation 

is also collected and analyzed. 

Investigations staff members work closely with officials 

at the U.S. Department of Commerce, the U.S. Customs Service, parties to the investigations 

and their attorneys, and company officials for both U.S. 

producers and importers of the 

product. Investigators also assist 

the USTR following Commission recommendations to the 

President in escape clause, 

market disruption, and 

section 22 cases. 

International 

Economist 

Wallace Fullerton, 

Attorney-Advisor 

Lyle Vander Schaaf, 

Investigator 

Jonathan Seiger, 

and Supervisory 

Investigator Vera 

Libeau (l-r) prepare 

to answer questions 

prior to the 

Commission's vote 

in its section 22 

investigation 

involving wheat, 

wheat flour, and 

semolina. 

19 
Industry analysts 

Lowell Grant (right) 

and David Ludwick 

(center) meet with an 

official of the 

Republic of South 

Africa's Department 

of Agriculture to 

discuss South 

Africa's tariffication 

of its agricultural 

products. 

Office of Industries 

The Office of Industries 

maintains technical expertise 

related to the performance and 

global competitiveness of U.S. 

industries and the impact of 

international trade on those 

industries. International trade 

analysts in the office produce 

studies on a range of issues each 

year. Studies generally are 

conducted under section 332 of 

the Tariff Act of 1930 at the 

request of the President or 

specific committees of Congress 

or on the ITC's own motion. 

Industries staff includes more 

than 90 international trade 

analysts who monitor the import, 

export, production, and sale of 

more than 8,000 agricultural 

products, raw materials, and 

manufactured products as well 

as a number of U.S. service 

industries. Industries staff are 

organized into divisions composed of major industrial 

sectors. 

Upon request, Industries 

analysts provide information and 

assistance related to international trade negotiations to the 

USTR. In addition to conducting 

factfinding investigations, 

Industries analysts contribute 

substantially to congressional 

bill reports, which analyze 

proposed tariff-related legislation. They also assist the Office 

of Investigations in title VU 

investigations. The office also 

publishes the Industry, Trade, 

and Technology Review, a 

quarterly collection of timely 

analytical articles developed by 

Industries analysts in the course 

of their research. 

During FY 1994, the Office 

of Industries conducted 17 

investigations under section 332, 

including both one-time factfinding studies and continuing 

industry surveys. In addition to 

the studies detailed in the Highlights section of this report, 

section 332 studies released 

during the year covered the 

Generalized System of Preferences and duty eliminations 

under the U.S.-Canada Free 

Trade Agreement. The office 

also completed recurring studies 

and monitoring reports requested 

by the President, Congress, and 

the Commission. These reports 

covered synthetic organic chemicals, rum, nonrubber footwear, 

automobiles, ethyl alcohol, steel, 

tomatoes, peppers, the U.S. 

services commitments under the 

GATT, the multifiber arrangement, and production sharing 

under chapter 98 of the Harmonized Tariff Schedule. The 

office also published its annual 

analysis of significant trade 

shifts in selected commodity 

areas. 

Since the 1920s, the ITC 

periodically has issued a series 

of detailed reports on thousands 

of products imported into and 

exported from the United States. 

Each report, known today as an 

Industry and Trade Summary, 

addresses one or more industry 

sectors and contains information 

on product uses, customs 

treatment, and trends affecting 

consumption, production, and 

trade of the commodities or 

services covered. The Office of 

Industries launched its most 

recent series of summaries in 

FY 1991; during FY 1994, 30 

summaries were published, 

bringing the total number of 

summaries published in this 

series to 78. 

Office of Economics 

The Office of Economics 

provides expert economic analysis for ITC investigations and 

reports. The office consists of 

three divisions. The Research 

20 
Division and Trade Reports 

Division contribute economic 

and trade policy analysis to 

section 332 investigations on a 

variety of international trade 

issues. The Applied Economics 

Division provides economic 

analysis and support for countervailing duty and antidumping, 

escape clause, market disruption, and section 22 investigations as well as for section 332 

investigations. 

Research Division economists specialize in quantitative 

analysis of trade and economic 

issues. They review most ITC 

section 332 studies to ensure that 

the studies are based on generally accepted economic principles, 

and they provide modeling and 

other economic support for a 

broad array of ITC investigations. The Research Division 

monitors relevant technical 

developments in the economics 

field to ensure that the ITC 

provides state-of-the-art analysis 

of trade policy issues. 

The Research Division 

maintains and develops the 

computable general equilibrium 

(CGE) modeling capabilities 

that enable the agency staff to 

estimate the effects of removing 

any specific trade restraint or of 

removing multiple restraints 

simultaneously. The division 

currently has a CGE model of 

the U.S. economy and is 

developing regional and global 

CGE modeling capabilities. 

During FY 1994, Research 

Division economists updated the 

underlying data used in the 

ITC's CGE model. The primary 

application of the ITC's CGE 

model during FY 1994 appeared 

in an updated assessment for the 

USTR of the economic costs of 

various existing U.S. import 

restraints. 

In addition, in FY 1994, 

Research Division economists 

participated in studies requested 

by Congress on the economic 

effects of the Uruguay Round 

Agreements, the Caribbean 

Basin Economic Recovery Act, 

and the Andean Trade Preference Act. Division economists 

also participated in studies 

requested by the USTR on the 

effects on U.S. businesses of the 

Arab League boycott of Israel, 

on the economic effects of 

antidumping and countervailing 

duty orders and suspension 

agreements, and on trade preferences granted under the Generalized System of Preferences. 

Also during FY 1994, 

division economists provided the 

Council of Economic Advisers 

(CEA) with a technical assessment of various methods for 

quantifying non-tariff barriers. 

The CEA used this assessment 

in its evaluation of this subject 

for the Organization for 

Economic Cooperation and 

Development's Pilot Group on 

Non-Tariff Barriers. 

Economists within the 

Trade Reports Division contribute country-specific 

economic expertise to ITC 

investigations and maintain 

up-to-date data concerning 

global economic, investment, 

and trade developments by region. The division complements 

and works closely with the ITC 

Office of Industries to provide 

U.S. trade policymakers with information about specific industries and countries. 

Trade Reports Division 

economists prepare recurring 

reports, briefing materials, and 

background information on 

monitored countries. They also 

monitor and report a broad array 

of data and information on 

regional organizations and 

global trade initiatives. These 

economists provide substantial 

International 

economists (l-r) 

James Stamps, 

Magda Kornis, 

Tom Jennings, 

and Acting 

Division Chief 

Kim Frankena 

discuss the ITC 

and its role with 

visiting officials 

ofthe World Bank. 

21 
technical assistance and information on current policy 

questions to members of Congress, other government agencies, the news media, and the 

public; additionally, they frequently participate in ITC meetings and seminars with foreign 

visitors as well as in interagency 

meetings, conferences, and 

seminars on bilateral, regional, 

and multilateral trade topics. 

During FY 1994, the 

division completed the ITC's 

first annual report on the Andean 

Trade Preference Act and 

worked on the ITC's multiyear 

study on the European Union's 

so-called "1992" economic 

integration program. Division 

economists also worked on the 

ITC study on the effects on U.S. 

businesses of the Arab League 

boycott of Israel. The report is 

due to be delivered to the USTR 

in November 1994. 

The division produces a 

number of regular trademonitoring reports, including an 

annual review of multilateral, 

regional, and bilateral trade 

developments entitled The Year 

in Trade, and an annual report 

on the CBERA, which marked 

its 10th year of operation in 

FY 1994. 

The division also publishes 

the International Economic 

Review (IER), a monthly journal 

analyzing international 

economic and trade policy 

developments. In June 1994, the 

division published the annual 

IER Chartbook, which 

presented, through graphs and 

statistical tables, a five-year 

perspective on U.S. trade by 

major regional, country, and 

commodity groupings. 

The Applied Economics 

Division primarily is responsible 

for providing technical economic expertise in the ITC's 

antidumping and countervailing 

duty investigations as well as in 

escape clause, market disruption, and section 22 investigations. Division economists 

serve on investigative teams, 

where they analyze pricing, 

demand, supply, and other 

market-related information for 

the staff report to the Commission. They also model the 

economic impact of unfairly 

priced imports on the U.S. 

industry producing competing 

articles. 

During FY 1994, Applied 

Economics Division economists 

participated in all antidumping, 

countervailing duty, market 

disruption, and section 22 investigations. In addition, they made 

substantial contributions to 

several section 332 investigations, assisting in economic 

modeling and providing general 

economic analysis. 

Office of Tariff Affairs 

and Trade Agreements 

The Office of Tariff Affairs 

and Trade Agreements (TATA) 

carries out the ITC's responsibilities with respect to the Harmonized Tariff Schedule of the 

United States (HTS) and the 

international Harmonized System (HS). The HTS provides the 

applicable tariff rates and statistical categories for all merchandise imported into the United 

States; it is based on the HS, the 

global classification system that 

governs most world trade in 

goods. 

TATA updates and publishes 

the HTS annually. In late 

October 1993, the office published the 1994 edition of the 

HTS, with changes scheduled to 

be effective on January 1, 1994. 

In December 1993, a supplement 

was issued reflecting the 

implementation of the NAFTA, 

also effective on January 1, 

1994. A second supplement was 

issued in June 1994. 

The lawyers, analysts, and 

economists who comprise the 

TATA staff also provide expert 

HTS-related information upon 

request to the business community and the public. The office 

maintains an electronic data 

base that tracks the history of all 

changes (legal and statistical) to 

the HTS since its inception. 

TATA staff members also 

work with the Office of Industries to prepare bill reports 

requested by Congress; during 

FY 1994 the office completed 

197 such reports (see appendix 

D). The office also provides 

technical advice and assistance 

to the USTR on bilateral and 

multilateral trade programs, 

participating in Trade Policy 

Staff Committee activities, 

preparing Presidential proclamations, developing trade data 

tailored for use by negotiators, 

and, when requested, directly 

assisting negotiating teams. In 

providing technical and legal 
assistance to the USTR, TATA 

staff prepared the proclamation 

implementing the NAFTA, 

participated in writing the 

NAFTA implementing bill, and 

began work on the draft proclamation to implement the GATT 

Uruguay Round agreements. 

Each of these proclamations, 

which contain all U.S. tariff 

changes and staged duty reductions, is several hundred pages 

in length. 

The office conducts 

investigations under section 

1205 of the Omnibus Trade and 

Competitiveness Act of 1988, 

which provides an administrative means for updating the 

HTS to reflect modifications to 

theHS. During FY 1994, TATA 

carried out two investigations 

under section 1205 of the 

Omnibus Trade and Competitiveness Act of 1988. 

Investigation 1205-4 was 

instituted to consider amending 

the nomenclature as to the 

classification of petroleum jelly 

in the interest of the uniform 

application of the HS. Investigation 1205-3 was reopened in 

order to issue an addendum to 

the final report. This was 

necessary because of the 

non-acceptance by contracting 

parties to the HS Convention of 

certain proposed amendments to 

the HS nomenclature. TATA 

staff members drafted the 

Presidential proclamations required to implement the changes 

covered in these investigations. 

The office participates in 

the Customs Cooperation Council (CCC), an international 

organization headquartered in 

Brussels, Belgium. The CCC 

oversees the continuous development and maintenance of the 

global HS. TATA represents the 

ITC on the central committee for 

nomenclature and classification 

matters (the Harmonized System 

Committee) as well as two 

advisory subcommittees (the 

Review Subcommittee and the 

Scientific Subcommittee). TATA 

participated in meetings of these 

three committees during 

FY 1994 and provided technical 

assistance to the Customs Service officials serving as U.S. 

delegates. 

TATA's Director chairs the 

Committee for Statistical Annotation of the Tariff Schedule, 

which also includes representatives of the U.S. Customs 

Service and the Census Bureau. 

The committee analyzes and 

evaluates petitions requesting 

changes in HTS statistical subheadings; it received 63 such 

petitions during FY 1994. 

Through the committee, TATA 

participated during FY 1994 in 

two bilateral meetings with the 

Canadian government in connection with a U.S.-Canada Memorandum of Understanding, under 

which the two countries exchange monthly import statistics 

that reflect each country's exports to the other. The arrangement eliminates the need to 

prepare and compile over 

one million export documents 

annually. 

Office of Unfair Import 

Investigations 

The Office of Unfair Import 

Investigations (OUII) participates as a full party representing 

the public interest in adjudicatory investigations conducted 

under section 337 of the Tariff 

Act of 1930. These investigations most frequently involve 

allegations of patent or 

trademark infringement. Allegations of copyright infringement, 

misappropriation of trade 

secrets, passing off, false advertising, and antitrust violations 

also can be litigated in these 

investigations. If the Commission finds a violation of 

section 337, it may issue exclusion orders and cease and desist 

orders as a remedy. 

TATA Publication 

Division Chief 

Gil Whitson and 

Nomenclature 

Analyst Linda 

Powell review 

materials related to 

an update ofthe 

Harmonized Tariff 

Schedule ofthe 

United States. 

23 
OUII Director 

Lynn Levine explains 

section 337 law and 

OUII operations to a 

group of visiting 

intellectual property 

attorneys from 

Thailand. 

Investigative attorneys from 

OUII actively participate 

throughout the investigation 

along with counsel for the 

private parties. However, the 

investigative staff represents the 

public interest rather than the 

private interests of a complainant or respondent. Representation of the public interest is 

important because the remedies 

available in section 337 investigations may affect nonparties 

and U.S. consumers. OUII offers 

an independent perspective on 

the many issues presented in 

section 337 investigations. 

OUII attorneys review 

section 337 complaints prior to 

institution of an investigation 

and advise the Commission 

whether complaints are legally 

sufficient for purposes of institution. Upon request, OUII also 

provides information to prospective complainants regarding 

procedures for filing complaints 

under section 337 and reviews 

draft complaints on a confidential basis. Once an investigation 

is instituted, OUII attorneys seek 

to ensure that a sufficient evidentiary record is developed. 

OUII attorneys participate at 

24 

hearings before the Administrative Law Judges (ALJs) and 

submit legal briefs to the ALJs 

and the Commission. 

After a hearing, the ALJ 

issues an initial determination on 

all issues related to the alleged 

violation of section 337. The 

ALJ's initial determination is 

subject to review and modification by the Commission. If 

the Commission does not modify 

the initial determination, it 

becomes the Commission's final 

determination. If the Commission determines that there is 

a violation of section 337, it may 

issue remedial orders. Those 

orders are effective when issued 

and become final 60 days after 

issuance unless disapproved for 

policy reasons by the President 

within that 60-day period. (A 

more complete description of 

section 337 is included in 

appendix C). 

OUII also assists the parties 

with settlements. OUII attorneys 

review proposed consent orders 

(orders of the Commission 

agreed to by the parties that 

prohibit specific activities 

related to the importation and/or 

sale of the products at issue) and 

settlement agreements (private 

agreements between the parties). 

OUII then submits responses to 

the ALJ regarding public interest 

concerns and compliance 'with 

ITC rules. 

During FY 1994, there were 

25 active section 337 investigations, 10 of which were 

instituted in FY 1994. (Key 

investigations are detailed in the 

Highlights section of this report, 

and a full list of investigations 

completed appears in appendix A). The Commission 

terminated seven investigations 

as a result of settlement 

agreements or consent orders 

entered into by the parties prior 

to an evidentiary hearing. 

Settlement agreements or 

consent orders were also entered 

in five other investigations. 

Four investigations were 

terminated based upon 

withdrawal of the complaints. 

One investigation was 

terminated following the entry 

of judgment against the 

complainant in a parallel federal 

district court case. Temporary 

relief, which was sought in two 

investigations, was denied in one 

investigation and granted in the 

other after evidentiary hearings. 
The Commission found a 

violation of section 337 in two 

investigations. In one of those 

investigations, the Commission 

issued a limited exclusion order 

and a cease and desist order. In 

the other investigation, a general 

exclusion order was issued. The 

Commission found no violation 

of section 337 in two investigations. 

The ITC may conduct 

enforcement proceedings to 

determine whether the importation of a specific product violates an existing Commission 

order. Also, the Commission 

may issue advisory opinions 

regarding whether certain anticipated conduct would violate an 

outstanding Commission order. 

During FY 1994, OUII attorneys 

were involved in one enforcement proceeding stemming from 

an alleged violation of a cease 

and desist order in a prior section 337 investigation and one 

proceeding to modify an existing 

exclusion order. 

Trade Remedy 

Assistance Office 

The Trade Remedy Assistance Office (TRAO) assists the 

public and small businesses 

seeking benefits or relief under 

U.S. trade laws. 

TRAO provides general 

information to all who inquire 

concerning remedies and benefits available under the trade 

laws of the United States, and it 

provides technical and legal 

assistance and advice to eligible 

small businesses seeking those 

remedies and benefits. TRAO 

provides information on six 

trade statutes, four of which are 

administered by the ITC. 

A business seeking TRAO 

assistance must qualify as a 

small business under the standards established by the Small 

Business Administration. Once 

that eligibility has been determined, TRAO may provide 

technical and legal assistance 

and advice. The office will 

review draft complaints or 

petitions of eligible small businesses for substance and compliance with the ITC's Rules of 

Practice and Procedure so that 

(1) TRAO and the small 

business can determine whether 

there is a reasonable case of 

violation of a trade law and 

(2) the small business can present its case as fully and persuasively as possible under ITC 

rules. TRAO advises and assists 

the small business throughout 

the entire proceeding to ensure 

that the small business is aware 

of the various phases of each investigation, including the business' obligations at each phase 

and the deadlines involved. 

In FY 1994, the TRAO 

received 309 inquiries from 

small businesses, trade 

associations, unions, Congress, 

the news media, academia, and 

law firms and certified 16 

organizations as eligible small 

businesses, an increase from the 

nine certified in FY 1993. 

TRAO provided technical 

assistance and informal legal 

advice to these 16 eligible small 

businesses. Of the organizations 

receiving assistance, two 

pursued remedies in investigations under section 337 of the 

Tariff Act of 1930. The two 

investigations involved cutting 

tools for flexible plastic conduit 

and audible alarm devices for 

divers. (See appendix A for 

details of the investigations). 

TRAO Director 

Beth Seltzer (far 

right) and Paralegal Mary Davis 

discuss TRAO's 

function and available assistance with 

David Binder and 

David Blank of the 

Department of 

Commerce's International Trade 

Administration Office of Investigations as part of 

TRAO's outreach 

efforts. 

25 
Circulation Technician 

Frances Cooper sorts 

through the numerous 

newspapers received 

each day in the ITC's 

National Library of 

International Trade. 

Office of Information 

Services 

The Office of Information 

Services (OIS) administers all 

ITC computer, telecommunications, and statistical services 

and the National Library of 

International Trade. OIS was 

formed in FY 1994 in a reorganization that integrated all 

agency information services by 

uniting these previously separate 

functions into a single office. 

During FY 1994, the ITC's 

personal computer network was 

upgraded to keep up with 

expanded usage. Efforts were 

launched to transfer the ITC's 

international trade database from 

an outside mainframe computer 

center to an in-house networked 

client-server system, and initial 

agency connections to the 

Internet and other networks were 

developed. The ITC also 

instituted a pilot project to 

establish an agency Internet 

server. 

Library Services 

The Library Services staff 

manages the ITC's National 

Library of International Trade, a 

specialized technical library that 

serves as the agency's information and research center. The 

library, open to the public during 

agency hours, houses over 

100,000 volumes and approximately 2,000 periodical titles 

related to U.S. industry and 

international trade laws and 

practices as well as several 

CD-ROM and on-line information data bases. 

In FY 1994, Library 

Services was incorporated into 

OIS. Library Services supports 

the Commissioners and ITC staff 

by acquiring, organizing, and 

disseminating information in all 

media. During FY 1994, the 

library added several more 

CD-ROM databases to its 

collection, which now includes 

14 different systems. The 

databases access a variety of 

information including trade data, 

corporate information, and 

scholarly economic journal 

articles. 

The National Library of 

International Trade is open 

throughout the workday to 

public researchers, scholars, and 

university students. During 

FY 1994, the number of public 

visitors increased by 14 percen 

from FY 1993 levels. 

OFFICE OF 

ADMINISTRATION 

The Office of Administration oversees the administratio 

of the ITC's budget, manages 

personnel matters and agencywide programs and activities, 

directs procurement and publii 

ing activities, conducts the 

agency information security 

program, and coordinates the 

day-to-day operation of the 

building that houses the agenc 

Administration also provides 

backup clerical support servic 

for the Commissioners' and 

Directors' offices. 

During FY 1994, Admini 

stration participated in severa 

National Performance Reviev 

streamlining initiatives. The 

requirement to reduce interna 

regulations by at least 50 pen 

by September 1996 was well 

underway as the fiscal year 

ended. Administration also 

undertook several streamlinii 

initiatives in the procuremenl 

financial management, 

personnel, and publishing 

functions. 

26 
Administratio

n also coordi-

nated ITC staff members' con-

tinued participation in the "Part-

ners in Education" program 

during FY 1994. The program is 

an educational partnership with 

a local elementary school in 

which ITC participants provide 

tutoring, mentoring, and other 

support to the students. 

Office of Finance and 

Budget 

The Office of Finance and 

Budget develops, monitors, and 

administers the ITC budget and 

expenditures, ensuring proper 

financial management of agency 

activities. The Budget Division 

formulates, justifies, and 

executes the ITC budget; the 

Finance Division maintains the 

ITC financial information sys-

tem and the agency payroll and 

travel functions. The office is 

also the Commission's represen-

tative on budget and finance 

matters with other federal agen-

cies, the Office of Management 

and Budget, and congressional 

committees. 

Finance and Budget staff 

manage travel, payroll, and 

other financial services; help 

ITC offices develop their annual 

budget requests; develop the 

overall annual agency appropri-

ation and authorization requests; 

and prepare monthly accounting, 

activity, and financial projection 

reports. 

During FY 1994, the office 

followed a government-wide 

trend toward streamlining and 

increased efficiency through 

automation. It implemented an 

electronic certification system 

with the Department of the 

Treasury for processing pay-

ments, and it began using elec-

tronic funds transfer for travel-

related payments to staff. 

Office of Management 

Services 

The Office of Management 

Services (OMS) manages the 

ITC's publishing, procurement, 

and facilities management 

activities. 

During FY 1994, the office 

continued efforts to improve 

service to agency personnel and 

the public through upgraded 

technology. It acquired and 

installed a computerized docu-

ment management, con-

version, and archiving system to 

further streamline publication 

Computer Systems 

Analyst James Gill 

of OIS downloads 

data from the National Institutes of 

Health mainframe 

computer for use by 

LTC staff in an 

investigation. 27 
These hand-painted 

kokeshi dolls from 

Japan, loaned by 

Vice Chairman 

Janet Nuzum, were 

among the displays 

at a special art 

exhibit arranged as 

part of an EEO 

cultural awareness 

program during the 

ITC's celebration of 

Asia-Pacific 

Heritage Month. 

printing and distribution activities and to reduce related costs. 

The office also reduced storage 

space costs by contracting out 

certain needs and by utilizing 

the services of the Consolidated 

Administrative Services Unit of 

the Department of Agriculture's 

Centralized Excess Property 

Operation. 

OMS also continued to 

manage requests from other 

agencies to use ITC facilities for 

meetings and events. 

Office of Personnel 

The Office of Personnel 

manages the ITC's recruitment, 

training, and personnel management operations and serves as a 

resource for managers and staff 

on employee relations, employee 

development, and benefits 

matters. 

Employment levels remained flat in FY 1994, and 

recruitment activity was limited 

because of fiscal constraints and 

low turnover. Nonetheless, 

expanded outreach recruitment 

was coordinated with the Director of Equal Employment Opportunity to enhance agency 

efforts to achieve a diverse work 

force. The office also administered extensive training activities, both on site and through 

outside sources, to meet individual and organizational needs, 

and it administered a trial of a 

new incentive program through 

which employees are granted 

time off in recognition of outstanding accomplishments. 

EQUAL 

EMPLOYMENT 

OPPORTUNITY 

The Equal Employment 

Opportunity (EEO) Director 

administers the ITC affirmative 

action program. The Director 

advises the Chairman and ITC 

managers on all equal employment issues; evaluates the 

sufficiency of the agency's EEO 

program and recommends 

improvements or corrections, 

including remedial and disciplinary action; establishes and 

maintains a diversity outreach 

program; and monitors recruitment plans and activities to 

assure equity in hiring activities. 

The Director manages the 

complaints process, oversees the 

EEO special emphasis programs, 

coordinates the pre-complaint 

counseling process, and supervises the collateral-duty program 

managers and counselors. The 

ITC Employee Development 

Program is a corollary responsibility of the Director. 

During FY 1994, initiatives, 

including cultural diversity 

events, were implemented to 

address and remedy issues 

highlighted in previous program 

assessments. These initiatives 

established a permanent, proactive cultural diversity/affirmative action program to promote 

understanding and appreciation 

of multiple ethnicity in the wort 

place and to prevent inappropriate, discriminatory conduct on 

the part of employees and managers. To enhance training 

opportunities for employees 

while addressing the concept ol 

organizational streamlining, an 

initiative to establish an ITC, 

learning center was undertaken 

during FY 1994. 

At the end of FY 1994, thi 

Chairman signed an administn 

tive order establishing a forma 

Office of Equal Employment 

Opportunity. The order was t( 

become effective on October' 

1994. 

OFFICE OF THE 

ADMINISTRATIVE 

L AW JUDGES 

The ITC's Administrative Law Judges (ALJs) hold 

28 
hearings and make initial determinations in investigations under section 337 of the Tariff Act 

of 1930. 

After the Commission has 

instituted an investigation, the 

matter is referred to the Office 

of the Administrative Law 

Judges. The Chief Judge assigns 

the investigation to one of the 

judges, who directs the litigation, which includes scheduling 

and holding a hearing. The judge 

considers the evidentiary record 

and the arguments of the parties 

and makes an initial determination, including findings of fact 

and conclusions of law. Temporary relief may be granted in 

certain cases. (A more detailed 

description of section 337 is 

included in appendix C.) 

The judge's initial determination is subject to review 

and modification by the Commission. If the Commission 

does not modify the initial 

determination, it becomes the 

Commission's final determination. If the Commission determines that there is a violation of 

section 337, it may issue remedial orders. Those orders are 

effective when issued and become final 60 days after issuance unless disapproved for 

policy reasons by the President 

within that 60-day period. 

During FY 1994, the Office 

of the Administrative Law 

Judges held six evidentiary 

hearings in section 337 cases 

under the Administrative Procedure Act. The judges disposed 

of nine cases without an evidentiary hearing by settlement, by 

summary determination, or by 

default. (See Highlights section 

of this report for details on key 

section 337 investigations during 

FY 1994 and appendix A for a 

complete list of investigations.) 

OFFICE OF 

CONGRESSIONAL 

LIAISON 

The Office of Congressional 

Liaison is the primary point of 

contact between the ITC and 

Congress. The office works with 

congressional staff to clarify 

congressional intent in section 332 investigation requests, 

responds to inquiries from 

Members of Congress, and keeps 

the Commission apprised of 

legislative initiatives that would 

affect ITC operations. The office 

also provides technical assistance to Members of Congress 

and their staff on various traderelated matters. 

During FY 1994, the Commission received two requests 

from Congress to conduct studies under section 332 of the 

Tariff Act of 1930. The first was 

a joint request from the Senate 

Committee on Finance and the 

House Committee on Ways and 

Means to analyze the impact of 

the Uruguay Round Agreements 

of the GATT on the U.S. economy, focusing on important 

agricultural, industrial, and 

service sectors. The second was 

a request from the Senate Committee on Finance to study U.S. 

environmental technology industries. 

The ITC received 133 

letters from Members of Congress and 439 miscellaneous 

tariff bill report requests in FY 

1994. The Commission's bill 

reports provide statistical, 

technical industry analysis for 

use by the House Committee on 

Ways and Means and the Senate 

Committee on Finance during 

consideration of tariff-related 

legislation. 

The Office of Congressional 

Liaison coordinated the appearance of three ITC Commissioners at a congressional hearing on 

ITC investigations 

under section 337 

are quasi-judicial 

and are directed by 

an Administrative 

Law Judge. Here, 

Judge Paul Luckern 

presides over an 

evidentiary hearing. 

During this 

particular hearing, 

Judge Luckern 

allowed the 

experimental use of 

computer technology 

that enabled 

participants to view 

an immediate 

written transcript of 

the proceedings. 

29 
5s* 

Congressman Jim 

Kolbe (R-AZ) talks 

with Congressional 

Liaison Jeff Menath, 

Commissioner Carol 

Crawford, and Director of Operations 

Robert Rogowsky 

(l-r) before the ITC's 

hearing in connection with its investigation ofthe economic effects of U.S. 

antidumping and 

countervailing duty 

orders and suspension agreements. 

9 " 1 V V * 

the ITC's FY 1995 appropriation 

request. 

Then-Chairman Don Newquist, accompanied by then-Vice 

Chairman Peter S. Watson and 

Commissioner Lynn Bragg, 

testified in April 1994 before the 

House Appropriations Subcommittee on Commerce, Justice, 

State, the Judiciary, and Related 

Agencies. 

Nine Members of Congress 

testified at Commission hearings 

during FY 1994. Seven Members testified as part of the ITC's 

section 22 investigation of 

wheat, wheat flour, and semolina. The Commission held 

hearings in three different locations in conducting this investigation. Senator Kent Conrad 

(D-ND), Senator Byron Dorgan 

(D-ND), and Congressman Earl 

Pomeroy (D-ND) testified on 

April 7, 1994, at the Commission's field hearing in Bismarck, 

ND. Senator Max Baucus (DMT), Senator Conrad Burns (RMT), Congressman Pat Williams 

(D-MT), and Montana Governor 

Marc Racicot testified on April 

8, 1994, at the Commission's 

field hearing in Shelby, MT. 

Senator Conrad, Senator Dorgan, 

and Congressman Pomeroy were 

joined by Congressman Bill 

Sarpalius (D-TX) in testifying 

on April 29, 1994, at the Commission's hearing in Washington, DC. 

Congressman Peter HoekStra (R-MI) testified before the 

Commission in July in connection with a section 332 investigation on the probable economic effect on industries and 

consumers of accelerated tariff 

reductions on certain articles 

under the NAFTA. 

Congressman Jim Kolbe 

(R-AZ) testified before the 

Commission on September 29, 

1994, in connection with a 

section 332 investigation on the 

economic effects of antidumping 

and countervailing duty orders 

and suspension agreements. 

OFFICE OF 

INSPECTOR 

GENERAL 

The Inspector General (IG) 

conducts all audits and investigations related to ITC programs and operations and 

recommends and comments on 

proposed legislation, regulations, and procedures that affeci 

the agency's efficiency and 

effectiveness. The accomplishments of the IG are detailed in 

semiannual reports submitted tc 

Congress in May and Novembe 

The Office of Inspector 

General reviews all proposed 

ITC directives and regulations; 

a means of preventing or detecl 

ing fraud, waste, or abuse. As 

required by the Inspector 

General Act, the office also h& 

a process for commenting on 

existing and proposed legislate 

and regulations relating to 

programs and operations of the 

ITC. 

During FY 1994, theIG 

reviewed a range of programs 

and operations, including procurement-related issues, the 

organizational structure of ITC 

libraries, the process for conducting section 337 investigations, property and supplies 

management, and the role of t) 

Office of the General Counsel 

appeals of ITC decisions in 

public investigations. Inspections included compliance wit 

the Federal Managers' Financ 

Integrity Act of 1982; travel 

30 
expenses; and imprest fund cash 

counts. 

The Inspector General is an 

active member of the Executive 

Council on Integrity and Efficiency. 

OFFICE OF THE 

SECRETARY 

The Office of the Secretary 

compiles and maintains the 

ITC's official records, including 

petitions, briefs, and other legal 

documents. In FY 1994, a total 

of 9,253 documents were filed 

with the office. 

Under the direction of the 

Secretary, the office issues ITC 

notices, reports, and orders, and 

it schedules and participates in 

all Commission meetings (37 in 

FY 1994) and hearings (23 days 

of hearings in FY 1994). The 

office makes determinations on 

requests for confidential treatment of information, requests for 

information to be released under 

protective order, and requests 

under the Freedom of Information Act (FOIA). The following 

table shows the number of these 

requests in FY 1993 and FY 

1994: 

Type of F Y FY 

request 1993 1994 

Requests for 

confidential 

treatment . 444 311 

Requests for 

release of 

confidential 

business 

information 

under 

protective 

order 351 195 

FOIA requests: 

Received 55 85 

Granted in . 

whole or 

in part 35 53 

The Office of the Secretary 

receives surety bonds or other 

collateral posted by parties in 

connection with the temporary 

exclusion orders issued in section 337 investigations. The 

Secretary is also authorized to 

issue seizure letters authorizing 

the U.S. Customs Service to 

hold certain merchandise when a 

prohibited importation is 

attempted. In addition, the 

Secretary issues administrative 

protective orders in cases filed 

before binational panels under 

the auspices of the NAFTA. The 

Secretary monitors alleged 

breaches of ITC administrative 

protection orders. 

The Office of the Secretary 

manages distribution of ITC 

reports and studies through its 

Publications Branch, responding 

to an average of 1,200 requests 

monthly. In addition, each 

month an average of 200 visitors 

as well as ITC staff use the 

office's public files for research 

purposes. Research facilities are 

available in the Office of the 

Secretary (room 112) and in the 

ITC National Library of International Trade and the ITC Law 

Library. Inquiries should be 

directed to the specific organizational unit or to the Secretary, 

U.S. International Trade Commission, 500 E Street, SW, 

Washington, DC 20436. Publications may be ordered 24 hours 

a day, seven days a week, by 

calling 202-205-1809. Recorded 

information on the latest petitions and complaints filed with 

the ITC can be obtained by 

calling 202-205-2196. 

OFFICE OF 

EXECUTIVE; AN D 

INTERNATIONAL 

LIAISON 

The Office of Executive and 

International Liaison manages 

the technical assistance that the 

ITC provides to the USTR and 

other executive branch agencies 

in the operation of the trade 

agreements program and in the 

execution of U.S. trade policy. 

The Director is the ITC's 

representative on the interagency Trade Policy Staff 

Committee (TPSC) and an 

advisor to the Trade Policy 

International and 

Executive Liaison 

Bill Hart, who has 

served the Commission for more 

than 45 years, 

offers an overview 

of ITC history and 

activities to a 

gathering of the 

agency's summer 

interns. 

31 
Vice Chairman 

Janet Nuzum 

(center) confers 

with General 

Counsel Lyn 

Schlitt (far right) 

and Secretary 

Donna Koehnke. 

Review Group (TPRG). The 

TPSC and TPRG, which are 

chaired by the USTR, are the 

principal subcabinet interagency 

trade policy coordination 

groups. The office provides assistance to the agencies responsible for trade policy formulation and keeps Commissioners 

and senior ITC staff informed of 

developing trade issues that 

might affect the agency's 

mission. 

The office serves as liaison 

with the USTR in coordinating 

Presidential requests for advice 

and information on trade issues. 

In FY 1994, the ITC completed 

32 

one investigation that had been 

requested by the USTR under 

section 332 ofthe Tariff Act of 

1930 and two investigations requested by the President — one 

under section 22 of the Agricultural Adjustment Act of 1933 

and one under section 406 of the 

Trade Act of 1974. The ITC 

continued its work on a section 332 investigation on the 

economic effects of antidumping 

and countervailing duty orders 

and suspension agreements and 

instituted two USTR-requested 

section 332 investigations — 

one on the effects on U.S. businesses of the Arab League boycott of Israel and the other on 

the U.S. schedule of services 

commitments, required as part 

of the GATT Uruguay Round of 

multilateral trade agreements. 

The Office of Executive and International Liaison also oversees 

the preparation of Presidential 

proclamations that implement 

U.S. trade policy decisions concerning modifications to the 

HTS. 

The office also manages 

interactions between the Commission and the international 

trade community, coordinating 

requests for assistance from U.S. 

embassies abroad in connection 

with the Commission's investigations and studies as well as 

arranging and participating in 

meetings with representatives of 

foreign governments and international organizations. 

During FY 1994, the office 

assisted the USTR in preparation 

of the U.S. schedule of NAFTA 

staged tariff reductions and the 

Presidential proclamation of 

NAFTA tariff modifications. 

The office continued its support 

of the GATT Uruguay Round 

trade negotiations through 

preparation of the official schedule of U.S. tariff commitments 

and the draft Presidential proclamation of Uruguay Round tariff 

modifications. Assistance was 

also provided to the USTR in 

negotiations to accelerate the 

removal of duties under the 

NAFTA. 

OFFICE OF THE! 

GENERAL COUNSEL 

The General Counsel serves 

as the ITC's chief legal advisor. 

The General Counsel and the 22 

attorneys in the office provide 

legal advice and support to the 

Commissioners and ITC 

staff on statutory investigations, 

prepare briefs and represent the 

ITC in court and before binational panels and administrative 

tribunals, and provide assistance 

and advice on general administrative matters, including ethics, 

personnel and labor relations, 

and contracts. Appendix E of 

this report details the litigation 

matters completed or terminated 

during FY 1994 or pending at 

year-end. The office also provides assistance and support in 

the drafting of new ITC rules of 

practice and procedure. During 

FY 1994, final amendments 

were made to the rules governing section 337 investigations, 

and amendments were made to 
othe

r rules to reflect changes 

required by the NAFTA. 

General Counsel attorneys 

serve as members of investiga-

tive teams assigned to antidump-

ing and countervailing duty 

investigations and investigations 

under other statutory authorities. 

Early in the fiscal year, 

attorneys in the office prepared 

substantial portions of the ITC 

report to the House Committee 

on Ways and Means on a 

proposed reorganization of U.S. 

trade relief laws. 

When requested, the office 

provides technical assistance to 

the Congress and the executive 

branch on tariff and trade mat-

ters. During FY 1994, the office 

was called upon to provide 

technical assistance and support 

to the U.S. delegation to the 

GATT Uruguay Round trade 

negotiations in Geneva as well 

as to the Administration and 

Congress in the process of 

developing implementing legis-

lation. Most such assistance and 

support is with regard to U.S. 

laws that are administered by the 

ITC but based on provisions in 

the GATT and GATT Codes. 

Office attorneys also provided 

technical assistance to USTR 

staff in defending challenges to 

ITC antidumping and counter-

vailing duty determinations 

brought under the GATT Anti-

dumping and Subsidies Codes. 

OFFICE OF PUBLIC 

AFFAIRS 

The Office of Public Affairs 

is the ITC's primary liaison with 

the public and the news media. 

The office develops and imple-

ments information programs to 

educate a variety of audiences 

about the ITC, its mission, and 

its role in U.S. international 

trade matters. 

Through its Director, the 

office serves as spokesperson for 

the ITC. It maintains an active 

relationship with the national 

and international news media, 

responding to inquiries, issuing 

news releases concerning Com-

mission determinations, publi-

cizing ITC studies and publica-

tions, and arranging interviews 

with Commissioners and staff 

experts. The office prepares and 

disseminates brochures, 

pamphlets, and other materials 

to enhance public understanding 

of the ITC. It also advises the 

Commission and agency staff 

on public affairs issues and practices. 

Public Affairs also directs 

the ITC visitors program. During 

FY 1994, the office arranged 

ITC visits for 199 individuals 

from 69 countries, including 

government officials, journalists, 

businessmen, economists, 

bankers, attorneys, professors, 

and students. 

The Office of Public 

Affairs manages logistics for ITC field 

hearings, such as 

those held in Bismarck, ND, and 

Shelby, MT, during 

FY 1994. Here, (l-r) 

Congressman Pat 

Williams (D-MT), 

Senator Max Baucus 

(D-MT), and Senator 

Conrad Burns (RMT) testify at the 

Shelby, MT, field 

hearing in connection with the ITC's 

section 22 investigation involving wheat, 

wheat flour, and semolina. 33 

PART III. MANAGEMENT AND FINANCE 

The ITC maintains an expert staff of professional 

international trade and nomenclature analysts, investigators, attorneys, economists, computer specialists, and 

administrative support personnel. All ITC personnel are 

located at 500 E Street, SW, Washington, DC 20436. 

At the end of FY 1994, a total of 441 permanent 

employees were employed by the ITC. 

A breakdown of staff, by organization, is shown at the 

right: 

Number a s of 

Organizational unit September 30,1994 

Commissioners 6 

Offices of the Commissioners 24 

Office of the Administrative Law Judges 9 

Office of the Secretary 14 

Office of Public Affairs ,2 

Office of Executive and International Liaison 4 

Office of Congressional Liaison 2 

Office of the General Counsel 40 

Office of Inspector General 3.5 

Office of the Director of Operations 4 

Office of Economics 43 

Office of Industries 122 

Office of Investigations 34 

Office of Tariff Affairs and Trade Agreements 17 

Office of Unfair Import Investigations 15 

Trade Remedy Assistance Office 1.5 

Office of Information Services 30 

Library Services 10 

Office of the Director of Administration 5 

Office of Finance and Budget 11 

Office of Management Services 35 . 

Office of Personnel 8 

Equal Employment Opportunity 1 

Total 441 

The ITC submits its budget to the President for 

transmittal to Congress. Because of the unique role of the 

ITC as a quasi-judicial, nonpartisan, independent agency 

designed to provide trade expertise to the legislative and 

executive branches of government, Congress provided in 

section 175 of the Trade Act of 1974 (19 U.S.C. 2232) 

that the ITC budget would not be subject to control by the 

Office of Management and Budget, but would instead be 

submitted directly to Congress. 

During FY 1994, appropriated funds made available 

to the ITC amounted to $44,873,000. Obligations for 

FY 1993 and FY 1994 (in thousands of dollars) are shown 

at the right: 

F Y FY 

Item 1993 1994 

Salaries and personnel benefits 29,431 30,080 

Travel and transportation 567 419 

Rental and communication services 8,764 8,838 

Other services 2,421 2,395 

Printing and reproduction 186 166 

Equipment, supplies, and material 2,110 1,160 

Total 43,479 43,058 
FIGURE 1 

I TC ORGANIZATION 

Office of 

Administrative 

Law Judge s 

Office of 

Congressional. 

Liaison 

Chairman 

COMMISSION 

Office of the 

Secretary 

Office of Public 

Affairs 

Office of 

Executive an d 

International 

Liaison 

Office of the 

General Counsel 

EEO 

Office of 

Inspector 

General 

Operations 

Office of the 

Director 

Administration 

Office of 

the Director 

EEO Director and 

Employee Developmen 

Program Manager 

Office of 

Economic s 

Office of 

Industries 

Office of 

Investigations 

Office of 

Information 

Services 

Office of 

Finance 

a n d Budget 

Office of 

Managemen t 

Services 

Office of 

Personnel 

Office of 

Tariff Affairs an d 

Trade 

Agreement s 

Trade Remed y 

Assistance 

Office 

Office of 

Unfair Import 

Investigations 

36 
FIGURE 2 

SUMMARY OF PRINCIPAL ACTIVITIES, 

FISCAL YEAR 1994 

The chart below shows the percentage of ITC activities in terms 

of personnel compensation based on the activity records compiled 

by the Office of Finance and Budget. 

Investigations of unfair 

import practices under 

section 337 ofthe Tariff 

Act of 1930; section 603 

of the Trade Act of 1974 

8.3% 

Furnishing information and 

technical assistance to 

agencies and the public. 

6.9% 

Investigations of injury to 

U.S. industry, including 

antidumping, countervailing 

duty, escape clause, market 

disruption, and interference 

with agricultural programs. 

17.9% 

Factfinding investigations 

under section 332 ofthe 

Tariff Act of 1930 and 

special studies. 

11.0% 

Basic research; recurring and trade 

monitoring reports; industry-specific 

summaries of trade and tariff 

information; information systems; 

preparation and publication ofthe 

Harmonized Tariff Schedule and 

creation of foreign trade 

statistical categories. 

26.9% 

Executive direction, involving the 

substantive and administrative work 

ofthe Commissioners and their 

assistants; the agency-wide activities 

performed by other employees; 

and the activities ofthe Office of 

Inspector General. 

11.4% 

Technical support to 

USTR and the President. 

6.1% 

Agency administration, including 

personnel, budget and finance, 

publishing, procurement, and 

facilities management. 

9.1% 

Furnishing information 

and technical support 

to Congress. 

2.5% 

37 
FIGURE 3 

STATUTORY TIMETABLES FOR ANTIDUMPING AND COUNTERVAILING OU'] 

INVESTIGATIONS 

Statutory timetable for antidumping investigations (in days) 

Petition filed 

with ITC and 

Commerce or 

self-initiated 

by Commerce 

20 days 

45 days 

45 day0 s 

38 

Commerce 

terminates 

investigation; 

case ends 

ITC 

affirmative 

preliminary 

determination; 

case continues 

ITC negative 

preliminary 

determination; 

case ends 

115 day0 s 

Commerce 

affirmative preliminary 

determination; 

case continues 

115 day 

Commerce 

negative preliminary 

determination; 

case continues 

165 days 0 Complicated case, 

Commerce affirmative 

preliminary 

determination; 

case continues 

165 days 0 

Complicated case, 

Commerce negative 

preliminary 

determination; 

case continues 

75 days Ct Commerce affirmative final 

determination; case continues 

75 

Commerce negative final 

^

5

V

/ determination; case ends 

135 

N J Extended case, Commerce affirmative final 

determination; case continues 

135 da 

Extended case, Commerce negative final 

determination; case ends 

75 — N Commerce affirmative final 

determination; case continues 

75 

135 N T 

Commerce negative final 

determination; case ends 

135 

days ^ 

N T 

Extended case, Commerce affirmative final 

determination; case continues 

days ^ 

Extended case. Commerce negative final 

determination; case ends 

75 

N Commerce affirmative final 

day

y ^ determination; case continues 

75 d, 

Commerce negative final 

determination; case ends 

135 

N J Extended case, Commerce affirmative final 

s A determination; case continues 

135 

days/ | 

N T >, Extended case, Commerce negative final 

determination; case ends 

— — N Commerce affirmative final 

5 v \ / determination; case continues 

75 days } Commerce negative final 

determination; case ends 

135 

135 d 

days ^ Extended case, Commerce affirmative final 

determination; case continues 

Extended case, Commerce negative final 

determination; case ends 

45 days 

ITC final 

determination 

zic ^ w e ^ ITC final 45days ^ determination 

75 day Ct ITC final 

determination 

75 day ^ j 

ITC final 

determination 

Total 

280 

340 

31( 

37i 

45 day Of ITC final 

determination 

ITC final 

-ig-g^VI determination 

75 days Of ITC final 

determination 

75 days^^ ITC final 

determination 

33 

3£ 

31 
Statutory timetable for countervailing duty investigations (in days) 

Petition filed 

with ITC and 

Commerce or 

self-initiated 

by Commerce 

20 days Commerce 

terminates 

investigation; 

case ends 

45 days 

ITC 

affirmative 

preliminary 

determination; 

case continues 

40 days 

Commerce 

affirmative preliminary 

determination; 

case continues 

40 daya s 

Commerce 

negative preliminary 

determination; 

case continues 

105 days Complicated case, 

Commerce affirmative 

preliminary 

determination; 

case continues 

105 days 5> 

45 days 

ITC negative 

preliminary 

determination; 

case ends 

Complicated case, 

Commerce negative 

preliminary 

determination; 

case continues 

Commerce affirmative final 

determination; case continues 

Commerce negative final 

determination; case ends 

45 days a 

ITC final 

determination 

Total da 

205 

Commerce affirmative final 

determination; case continues 

Commerce negative final 

determination; case ends 

75 d; ITC final 

determination 

235 

Commerce affirmative final 

determination; case continues 

Commerce negative final 

determination; case ends 

45 d; ITC final 

determination 

270 

Commerce affirmative final 

determination; case continues 

Commerce negative final 

determination; case ends 

75 days^/j ITC final 

determination 

300 

39 

APPENDIXES 

APPENDIX A 

SUMMARY OF INVESTIGATIONS COMPLETED 

DURING FISCAL YEAR 1994 AND PENDING ON 

SEPTEMBER 30,1994 
Table 1 

Genera l investigations of trade and tariff matters completed under sees . 332, 503, an d 131 of the Tariff Ac t of 1930, fisca l yea r 1994 

USITC publicationInvestigation No. and title Origin No. Date 

332-200 

Competitive Position of U.S. Producers of 

Semiconductors 

(terminated 9-28-94) 

Instituted by the Commission 

on its own motion 

0) 0) 

332-267 

Implementing the European Community 

Single Market: Sixth Followup Report 

Request from the Committee 

on Ways and Means, U.S. 

House of Representatives, 

and the Committee 

on Finance, U.S. Senate 

2723 January 1994 

332-339 

Global Competitiveness of U.S. Advanced- . 

Technology Industries: Computers 

Request from the Committee 

on Finance, U.S. Senate 

2705 December 1993 

332-341 

Proposed Reorganization of U.S. 

International Trade Relief Laws 

Request from the Committee 

on Ways and Means, U.S. 

House of Representatives 

2717 January 1994 

332-342 

Metallurgical Coke: Baseline Analysis of 

the U.S. Industry and Imports 

Request from the Committee 

on Ways and Means, U.S. 

House of Representatives 

2745 March 1994 

TA-131-20, 

503(a)-25, and 

332-346 

President's List of Articles Which May Be 

Designated or Modified as Eligible Articles 

For Purposes of the U.S. Generalized 

System of Preferences 

Request from the United States 

Trade Representative 

2725 January 1994 

332-348 

United States-Canada Free-Trade Agreement: 

Probable Economic Effect on U.S. Industries 

and Consumers of Immediate Elimination 

of U.S. Tariffs on Certain Articles from Canada 

Request from the United States 

Trade Representative 

Confidential February 1994 

332-352 

Andean Trade Preference Act: Effect on the U.S. 

Economy and on Andean Drug Crop Eradication 

Required by sec. 206 of the 

Andean Trade Preference Act 

2814 September 1994 

332-353 

Potential Impact on the U.S. Economy and 

Industries of the GATT Uruguay Round 

Agreements 

Request from the Committee 

on Ways and Means, U.S. 

House of Representatives, 

and the Committee 

on Finance, U.S. Senate 

2970 and 2971 June 1994 

42 
Table 1—Continued 

Genera l investigations of trade and tariff matters completed under sees . 332, 503, and 131 of the Tariff Ac t of 1930, fisca l yea r 1994 

USITC publication— 

Investigation No. and title Origin No. Date 

332-355 

North American Free-Trade Agreement: 

Probable Economic Effect on U.S. Industries and 

Consumers of Accelerated Elimination of U.S. 

Tariffs on Certain Articles from Mexico and Canada 

Request from the United States 

Trade Representative 

Confidential August 1994 

Not applicable. 
Table 2 

Genera l investigations of trade and tariff matters under sees . 332, 503, and 131 of the Tariff Ac t of 1930, and sec . 1205 of the Omnibu s 

Trade an d Competitivenes s Ac t of 1988 pending on Sept. 30,199 4 

USITC publication— 

Investigation No. and title Origin No. Date 

332-135 

Synthetic Organic Chemicals 

United States Production and Sales, 1992 

Request from the Committee 

on Ways and Means, U.S. 

House of Representatives 

2720 February 1994 

332-175 

Rum: Annual Report (Covering 1992 and 

1993) on Selected Economic Indicators 

Request from the Committee 

on Finance, U.S. Senate 

2785 June 1994 

332-191 

Nonrubber Footwear Quarterly Statistical 

Report 

Request from the Committee 

on Finance, U.S. Senate 

2711 

2752 

2789 

2808 

December 1993 

March 1994 

June 1994 

September 1994 

332-207 

The U.S. Automobile Industry 

Monthly Report on Selected 

Economic Indicators 

Request from the Committee 

on Ways and Means, U.S. 

House of Representatives 

2698 

2712 

2718 

2732 

2754 

2768 

2774 

2781 

2795 

2802 

2806 

2817 

October 1993 

November 1993 

December 1993 

January 1994 

February 1994 

March 1994 

April 1994 

May 1994 

June 1994 

July 1994 

August 1994 

September 1994 

332-227 

The Impact of the Caribbean 

Basin Economic Recovery Act on U.S. 

Industries and Consumers 

Required by sec. 215(a), 

Caribbean Basin Economic Recovery Act 

2813 September 1994 

332-237 

Production Sharing: U.S. Imports under Harmonized Tariff Schedule Subheadings 9802.00.60 

and 9802.00.80, 1989-1992 

Instituted by the Commission 

on its own motion 

2729 February 1994 

332-288 

Ethyl Alcohol for Fuel Use: Determination 

of the Base Quantity of Imports 

Required by the Steel Trade 

Liberalization Program Implementation Act 

(

1

) (

1

) 

332-325 

The Economic Effects of Significant 

U.S. Import Restraints 

Request from the United States 

Trade Representative 

2699 November 1993 

332-327 

Steel Semiannual Monitoring Report 

Request from the Committee 

on Ways and Means, U.S. 

House of Representatives 

2759 

2807 

April 1994 

September 1994 

44 
able 2—Continued 

leneral investigations of trade and tariff matters under sees . 332, 503, and 131 of the Tariff Ac t of 1930, and sec . 1205 of the Omnibu s 

rade and Competitivenes s Ac t of 1988 pending on Sept. 30,199 4 

USITC publicationivestigation No. and title Origin No. Date 

32-343 

J.S. Imports of Textiles and Apparel 

Jnder the Multifiber Arrangement 

\nnual Report for 1993 

Instituted by the Commission 

on its own motion 

2763 March 1994 

I32-344 

The Economic Effects of Antidumping 

md Countervailing Duty Orders and 

Suspension Agreements 

Request from the United States 

Trade Representative 

(

2

) (

1

) 

$32-345 

J.S. Trade Shifts in Selected Industries 

1993 Annual Report 

Instituted by the Commission 

on its own motion 

2805 September 1994 

332-347 

Global Competitiveness of U.S. 

Environmental Technology Industries: 

Municipal and Industrial Water and Wastewater 

Request from the Committee 

on Finance, U.S. Senate 

(

2

) 0) 

332-349 

Effects of the Arab League 

Boycott of Israel on U.S. Businesses 

Request from the United States 

Trade Representative 

(

2

) 0 

332-350 

Monitoring of U.S. Imports of Tomatoes 

Required by the North American 

Free-Trade Agreement Implementation 

Act 

2771' May 1994 

332-351 

Monitoring of U.S. Imports of Peppers 

Required by the North American 

Free-Trade Agreement Implementation 

Act 

2782 June 1994 

332-354 

U.S. Schedule of Services Commitments 

Request from the- United States 

Trade Representative 

(

2

) (

1

) 

332-356 

President's List of Articles Which May Be 

Designated or Modified as Eligible for Purposes 

of the U.S. Generalized System 

of Preferences 

Request from the United States 

Trade Representative 

(

2

) 0) 

1205-3 

Proposed Modifications to the Harmonized 

Tariff Schedule of the United States, Pursuant to 

Section 1205 of the Omnibus Trade and 

Competitiveness Act of 1988 (Addendum) 

Instituted by the Commission 

on its own motion 

(

3

) (

1

) 

45 
Table 2—Continued 

Genera l investigations of trade and tariff matters under sees . 332, 503, an d 131 of the Tariff Ac t of 1930, an d sec . 1205 of the Omnibu s 

Trade and Competitivenes s Ac t of 1988 pending on Sept. 30,199 4 

USITC publication— 

Investigation No. and title Origin No. Date 

1205-4 

Proposed Modifications to the Harmonized 

Tariff Schedule of the United States, Pursuant to 

Section 1205 of the Omnibus Trade and 

Competitiveness Act of 1988 

Instituted by the Commission 

on its own motion 

(

2

) (

1

) 

1

 Not applicable. 

2

 In progress at end of FY 1994. 

3

 The investigation was re-opened by the 

Commission for the purpose of issuing a draft 

addendum to its previous report on investigation 

1205-3, USITC publication 2673. The following 

draft addendum was not assigned a publication 

number. 

46 
Table 3 

Investigations completed under sec . 337 of the Tariff Ac t of 1930, fisca l yea r 1994 

Investigation No. 

and title Complainant 

Complaint 

filed 

Federal Register 

notice date 

Public 

hearing 

Finding and 

remedy of 

Commission 

Date 

orders 

issued 

USITC 

publication 

No. 

337-TA-342 

Certain Circuit 

Board Testers 

Integri-Test Corp.; 

Commack, NY 

9- 25-92; 

10- 14-92 

(supplement) 

11-2-92 (

1

) Terminated

 2 10-13-93 (

1

) 

337-TA-344 

Certain Cutting 

Tools for Flexible 

Plastic Conduit 

and Components 

Thereof 

Dawn Industries, Inc.; 

Dextel Inc.; 

Duane Robertson; 

Denver, CO 

10- 30-92; 

11- 13-92 and 

11-17-92 

(supplements) 

12-2-92 (

1

) Violation

 3 12-3-93 2719 

337-TA-345 

Certain 

Anisotropically 

Etched One Megabit 

and Greater Drams, 

Components Thereof 

and Products Containing Such Drams 

Micron Semiconductor Inc.; 

Boise, ID 

11- 13-92; 

12- 3-92 

(supplement) 

12-18-92 (

1

) Terminated

 2 3-9-94 (

1

) 

337-TA-347 

Certain Anti-Theft 

Deactivatable 

Resonant Tags and 

Components Thereof 

Checkpoint Systems, Inc.; 

Thorofare, NJ 

2-2-93; 

2-23-93 

(amendment) 

3-10-93 (

1

) Terminated; 

no violation 

3-10-94 2811 

337-TA-348 

Certain In-Line 

Roller Skates With 

Ventilated Boots 

and In-Line Roller 

Skates With Axle 

Aperture Plugs and 

Component Parts 

Thereof 

Rollerblade, Inc.; 

Minnetonka, MN 

2- 18-93; 

3- 11-93 

(amendment) 

3-25-93 

(

1

) Terminated

 4 11-3-93 0) 

337-TA-350 

Certain Sputtered 

Carbon Coated 

Computer Disks 

and Products 

Containing Same, 

Including Disk Drives 

Harry E. Aine; 

Sumrall, MS 

3- 26-93; 

4- 16-93 and 

4-20-93 

(supplements) 

5-5-93 0 Terminated

 2 4-15-94 (

1

) 

337-TA-351 

Certain Removable 

Hard Disk Cartridges 

and Products 

Containing Same 

SyQuest Technology, Inc.; 

Fremont, CA 

4- 16-93; 

5- 12-93 

(amendment); 

5-13-93 

(supplement) 

5-27-93 (

1

) Terminated

 5 4-28-94 (

1

) 

47 
Table 3—Continued 

Investigations completed unde r sec . 337 of the Tariff Ac t of 1930, fisca l yea r 1994 

Finding and Date USITC 

Investigation No. Complaint Federal Register Public remedy of orders publication 

and title Complainant filed notice date hearing Commission issued No. 

337-TA-352 Intel Corp.; 5-7-93 6-16-93 ( 1) Terminated6 7-11-94 ( 1) 

Certain Personal Santa Clara, CA 

Computers With 

Memory Management 

Information Stored 

In External Memory 

and Related 

Materials 

337-TA-353 Alan-Tracy, Inc.; 6-3-93; 7-9-93 ( 1) Terminated7 11-3-93 ( 1) 

Certain Lens North Miami Beach, FL 6-25-93 

Panels for Lighting (amendment) 

Fixtures, Kits 

Containing Same, 

and Fixtures 

Containing Same 

337-TA-354 Minnesota Mining & 6-14-93; 7-21-93 ( 1) Violation8 5-3-94' 2786 

Certain Tape Manufacturing Co.; 6-30-93 

Dispensers St. Paul, MN (amendment) 

337-TA-355 Code-Alarm, Inc.; 7-16-93; 8-25-93 ( 1) Terminated9 6-3-94 2815 

Certain Vehicle Madison Heights, Ml 8-5-93 

Security Systems (supplement) 

and Components 

Thereof 

337-TA-356 

Certain Integrated 

Circuit Devices, 

Processes for Making 

Same, Components 

Thereof and Products 

Containing Same 

National Semiconductor Corp.; 

Santa Clara, CA 

Fairchild Semiconductor Corp.; 

Santa Clara, CA 

7- 26-93; 

8- 11-93 

(supplement) 

9-1-93 Terminated2

 3-22-94 (

1

) 

337-TA-357 

Certain Sports 

Sandals and 

Components Thereof 

Deckers Corp.; 

Carpinteria, CA 

8-9-93; 

8-23-93 

(supplement) 

9-9-93 (

1

) Terminated1 0

 9-6-94 (

1

) 

337-TA-359 

Certain Dielectric 

Miniature Microwave 

Filters and Multiplexers 

Containing Same 

Space Systems/Loral, Inc.; 

Palo Alto, CA 

10-4-93; 

10-29-93 

(supplement) 

11-18-93 (

1

) Terminated1 1

 7-25-94 

48 
Table 3—Continued 

Investigations completed under sec . 337 of the Tariff Ac t of 1930, fisca l yea r 1994 

Investigation No. 

and title Complainant 

Complaint 

filed 

Federal Register 

notice date 

Public 

hearing 

Finding and 

remedy of 

Commission 

Date 

orders 

issued 

USITC 

publication 

No. 

337-TA-362 

Certain Methods of 

Assembling Plastic 

Ball Valves and 

Components Thereof 

Measurement & Flow Control 

Holding Co., Inc.; 

Wilmington, DE 

Nordstrom Valves, Inc.; 

Sulphur Springs, TX 

11- 8-93; 

12- 1-93 

(supplement) 

12-16-93 (

1

) Terminated12 5-5-94 (

1

) 

337-TA-363 

Certain Multibrand 

Infrared Remote 

Control Transmitters 

Zenith Electronics Corp.; 

Glenview, IL 

12-21-93; 

1-10-94 

(amendment) 

1-28-94 (

1

) Terminated 4-18-94 2788 

1

 Not applicable. 

2

 Settlement agreement. 

3

 Limited exclusion order and cease and 

desist order. President took no action; became 

final 2-4-94. 

4

 Consent orders for two respondents and 

patent licensing agreement for 10 respondents; 

complainant withdrew complaint with respect to 

the remaining 15 respondents. 

5

 Terminated one respondent; the remaining 

four respondents were terminated on the basis of 

a settlement agreement and memorandum of 

understanding. 

6

 Terminated because of the collateral 

estoppel effect of the district court judgment. 

' Terminated without prejudice. 

8

 General exclusion order. President took no 

action; became final 7-2-94. 

9

 Summary determination of patent invalidity. 

1 0

 Consent order. 

1 1

 Settlement agreement; expiration of 

temporary exclusion order. 

1 2

 Settlement agreement for two parties and 

withdrawal of complaint of remaining respondents. 
Table 4 

Investigations under sec . 337 of the Tariff Ac t of 1930 pending on Sept. 30,199 4 

Investigation No. and title Complainant Complaint filed Federal Register notice date 

337-TA-349 

Certain Diltiazem Hydrochloride and 

Diltiazem Preparations 

Tanabe Seiyaku Co., Ltd.; 

Osaka, Japan 

Marion Merrell Dow, Inc.; 

Kansas City, MO 

2- 25-93; 

3- 23-93 

(amendment) 

3-31-93 

337-TA-358 

Certain Recombinantly Produced 

Human Growth Hormones 

Genentech, Inc.; 

South San Francisco, CA 

3-16-93; 

3-30-93, 

3- 31-93, 

4- 5-93, 

4-6-93, 

4-9-93, 

4-12-93, 

and 

4-22-93 

(supplements); 

8-18-93 

(amendment) 

9-29-93 

337-TA-360 

Certain Devices for Connecting 

Computers Via Telephone Lines 

Farallon Computing, Inc.; 

Alameda, CA 

10- 12-93; 

11- 1-93 

(amendment); 

11-2-93 

(supplement) 

11-17-93 

337-TA-361 

Certain Portable On-Car Disc Brake 

Lathes and Components Thereof 

Pro-Cut International, Inc.; 

Lebanon, NH 

10- 22-93; 

11- 15-93 

(supplement) 

12-1-93 

337-TA-364 

Certain Curable Fluoroelastomer 

Compositions and Precursors Thereof 

Minnesota Mining & Manufacturing Co.; 

St. Paul MN 

2-7-94 3-16-94 

337-TA-365 

Certain Audible Alarm Devices for Divers 

David A. Hancock and 

Ideations Design Inc.; 

Seattle, WA 

4- 28-94; 

5- 23-94 

(supplements) 

6-8-94 

337-TA-366 

Certain Microsphere Adhesives, Process for 

Making Same, and Products Containing Same, 

Including Self-Stick Repositionable Notes 

Minnesota Mining & Manufacturing Co.; 

St. Paul, MN 

5-9-94; 

5-27-94 

(amendment) 

6-8-94 

337-TA-367 

Certain Facsimile Machines and Components 

Thereof 

Ricoh Co. Ltd.; 

Tokyo, Japan 

Ricoh Corp.; 

West Caldwell, NJ 

8-1-94; 

8-22-94 

(supplement); 

8-25-94 

(amendment) 

9-8-94 

337-TA-368 

Certain Rechargeable Nickel Metal Hydride 

Anode Materials and Batteries, and 

Products Containing Same 

Ovonic Battery Co. Inc.; 

Energy Conversion Devices, Inc.; 

Troy, Ml 

8-8-94; 

8-11-94 

(amendment); 

8-30-94 

(amendment and supplement) 

9-14-94 
Table 5 

Countervailing duty investigations completed under sec . 701 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

Finding that Finding that (a) Advice 

"there is a "there is no received 

(a) Request reasonable reasonable from (a) 

received indication indication Commerce 

(b) Conference [of injury]" [of injury]" (b) Hearing 

(c) Report to (Commerce (Commerce USITC (c) Report to USITC (c) 

Secretary continues terminates Not publi- Secretary Not publiInvestigation No. of its investi- its investi- partici- cation of partici- cation 

and title Commerce gation) gation) pating No. Commerce Affirmative Negative pating No. 

701-TA-312 (

1

) (

1

) (

1

) (

1

) (

1

) (a) 7-26-93 Newquist Brunsdale (

1

) 2689 

Softwood 

(

1

) (

1

) (

1

) (

1

) (

1

) 

(b) 0) Watson Nuzum 

Lumber from (c) 10-18-93 Rohr 

Canada 

(c) 

Crawford 

(remand) 

701-TA-312 (

1

) (

1

) (

1

) (

1

) 0) (a) 1-28-94 Newquist Watson Brunsdale

 2 2753 

Softwood 

(

1

) (

1

) (

1

) (

1

) 0) 

(b) (

1

) Rohr Nuzum 

Lumber from (c) 3-14-94 Crawford 

Canada 

(second 

remand) 

701-TA-355 (a) 8-26-93 Newquist (

1

) Watson

 3 2686 (a) 1-28-94 Newquist Crawford Bragg4 2778 

Grain-Oriented (b) 9-16-93 Rohr 

(

1

) 

(b) 4-12-94 Rohr Watson

 d 

Silicon Electrical (c) 10-12-93 Brunsdale (c) 5-27-94 Nuzum 

Steel from Italy 

(c) 

Crawford 

(c) 

Steel from Italy 

Nuzum 

701-TA-356 (a) 10-22-93 (

1

) (

1

) (

1

) •' (

1

) (

1

) 0 (

1

) 0) 0 

Phthalic Anhydride 

(a) (

1

) (

1

) •' 

from Brazil 

(terminated 

11-30-93) 

701-TA-357-358 (a) 10-22-93 Nuzum Newquist' (

1

) 2709 (

1

) (

1

) (

1

) 0) 0 

Phthalic (b) 11-15-93 Rohr

 5 Watson 

Anhydride (c) 12-6-93 Rohr 6 

from Israel and Brunsdale 

Mexico Crawford 

701-TA-359 (a) 2-14-94 Newquist Watson (

1

) 2760 (

1

) 0) (

1

) (

1

) 0) 

Steel Wire (b) 3-4-94 

Newquist 

Rohr 

(

1

) (

1

) 0) 

Rod from (c) 3-31-94 Crawford 

Germany 

(c) 

Nuzum 

701-TA-360-361 (a) 2-28-94 Newquist (

1

) Bragg

 4 2767 (

1

) 0) 0) (

1

) 0) 

Certain Carbon (b) 3-21-94 Watson 

Steel Butt-Weld (c) 4-14-94 Rohr 

Pipe Fittings 

(c) 

Crawford 

from India and Nuzum 

Israel 

51 
Table 5—Continued 

Countervailing duty investigations completed under sec . 701 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

(a) 

(b) 

(c) 

Investigation No. 

and title 

Request 

received 

Conference 

Report to 

Secretary 

of 

Commerce 

Finding that 

"there is a 

reasonable 

indication 

[of injury]" 

(Commerce 

continues 

its investigation) 

Finding that 

"there is no 

reasonable 

indication 

[of injury]" 

(Commerce 

terminates 

its investigation) 

Not 

participating 

USITC 

publication 

No. 

(a) 

(b) 

(c) 

Advice 

received 

from 

Commerce 

Hearing 

Report to 

Secretary 

of 

Commerce Affirmative Negative 

Not 

participating 

USITC 

publication 

No. 

701-TA-362 

Certain Seamless 

Carbon and Alloy 

Standard, Line, 

and Pressure 

Steel Pipe from 

Italy 

(a) 

(b) 

(c) 

6- 23-94 

7- 14-94 

8- 8-94 

Watson 

Nuzum 

Rohr 

Crawford 

Bragg 

(

1

) Newquist

 7 2801 0) (

1

) (

1

) (

1

) (

1

) 

701-TA-363-364 (a) 6-30-94 Watson (

1

) (

1

) 2803 (

1

) (

1

) (

1

) (

1

) (

1

) 

Oil Country (b) 7-22-94 Nuzum 

(

1

) (

1

) 2803 (

1

) (

1

) (

1

) 

Tubular Goods (c) 8-15-94 Rohr 

from Austria and 

(c) 

Newquist 

Italy Crawford 

Bragg 

1

 Not applicable. 

2

 Commissioner Brunsdale did not participate 

because the remand concerned only the 

affirmative determination of then-Chairman 

Newquist, then-Vice Chairman Watson, and 

Commissioner Rohr. She had made a negative 

determination in the investigation on 7-6-92 and 

never changed her position thereafter. 

3

 Then-Vice Chairman Watson did not 

participate to avoid an appearance of a conflict of 

interest. 

4

 Commissioner Bragg did not participate 

because her entry on duty was too recent to 

permit adequate preparation. 

5

 With respect to imports from Mexico. 

6

 With respect to imports from Israel. 

7

 Commissioner Newquist was unable to 

participate because of a telecommunications 

failure. 

52 
Table 6 

Antidumping investigations completed under sec . 731 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

Finding that Finding that (a) Advice 

"there is a "there is no received 

(a) Request reasonable reasonable from 

received indication indication Commerce 

(b) Conference [of injury]" [of injury]" (b) Hearing 

USITC (c) Report to (Commerce (Commerce USITC (c) Report to USITC 

Secretary continues terminates Not publi- Secretary Not publiInvestigation No. of its investi- its investi- partici- cation of partici- cation 

and title Commerce gation) gation) pating No. Commerce Affirmative Negative pating No. 

731-TA-636-637 (

1

) (

1

) (

1

) (

1

) (

1

) (a) 8-2-93 Newquist Brunsdale 0) 2721 

Stainless Steel 

(

1

) (

1

) (

1

) (

1

) (

1

) 

(b) 10-14-93 Watson 

0) 

Wire Rod from (c) 1-21-94 Rohr 

Brazil and France 

(c) 

Crawford 

Nuzum 

731-TA-638 (

1

) (

1

) (

1

) (

1

) (

1

) (a) 8-2-93 Newquist Brunsdale (

1

) 2704 

Stainless Steel 

(

1

) (

1

) (

1

) 

(b) 10-14-93 Watson Crawford 

(

1

) 

Wire Rod from (c) 11-23-93 Rohr 

India 

(c) 

Nuzum 

731-TA-639-640 (

1

) (

1

) (

1

) (

1

) (

1

) (a) 8-2-93 Newquist Brunsdale (

1

) 2724 

Stainless Steel 

(

1

) (

1

) (

1

) (

1

) (

1

) 

(b) 12-22-93 Watson Crawford 

(

1

) 

Flanges from (c) 2-2-94 Rohr 

India and Taiwan Nuzum 

731-TA-641 (

1

) (

1

) (

1

) (

1

) (

1

) (a) 8-12-93 Newquist (

1

) (

1

) 2722 

Ferrosilicon from 

(

1

) (

1

) (

1

) (

1

) (

1

) 

(b) 9-14-93 Watson 

(

1

) (

1

) 

Brazil (c) 1-24-94 Rohr 

Brunsdale 

Crawford 

Nuzum 

731-TA-642 (

1

) (

1

) (

1

) (

1

) (

1

) (a) 6-25-93 Newquist Watson (

1

) 2688 

Ferrosilicon 

(

1

) (

1

) (

1

) (

1

) (

1

) 

(b) 9-14-93 

Newquist 

Rohr 

(

1

) 

from Egypt (c) 10-22-93 Brunsdale 

Crawford 

Nuzum 

731-TA-643 (

1

) (

1

) (

1

) (

1

) (

1

) (a) 8-24-93 Watson (

1

) Newquist

 2 2740 

Defrost Timers 

(

1

) (

1

) (

1

) (

1

) (

1

) 

(b) 1-11-94 Rohr 

(

1

) Newquist

 2 

from Japan from Japan (c) 2-22-94 Brunsdale 

Crawford 

Nuzum 

731-TA-644 (

1

) (

1

) (

1

) (

1

) (a) 9-1-93 Newquist Watson (

1

) 2744 

Welded Stainless 

(

1

) (

1

) (

1

) (

1

) 

(b) 1-27-94 Rohr Brunsdale 

(

1

) 

Steel Pipe (c) 3-7-94 Crawford 

from Malaysia 

(c) 

Nuzum 

53 
Table 6—Continued 

Antidumping investigations completed under sec . 731 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

Finding that Finding that (a) Advice 

"there is a "there is no received 

(a) Request reasonable reasonable from 

received indication indication Commerce 

(b) Conference [of injury]" [of injury]" (b) Hearing 

(c) Report to (Commerce (Commerce USITC (c) Report to USITC 

Secretary continues terminates Not publi- Secretary Not publiInvestigation No. of its investi- its investi- partici- cation of partici- cation 

and title Commerce gation) gation) pating No. Commerce Affirmative Negative pating No. 

731-TA-645 

Certain Calcium 

Aluminate Cement 

and Cement 

Clinker from 

France 

0) 0) 0) 0) (a) 11-1-93 

(b) 3-31-94 

(c) 5-2-94 

Newquist 

Watson 

Rohr 

Crawford 

Nuzum 

Bragg

 ; 2772 

731-TA-645 

Calcium 

Aluminate Flux 

from France 4 

(

1

) (

1

) (a) 3-23-94 

(b) 3-31-94 

(c) 6-6-94 

Newquist 

Rohr 

Nuzum 

Watson 

Crawford 

Bragg

 ; 2780 

731-TA-646 and 

648 

Steel Wire Rod 

from Brazil 

and Japan 

or 0) 0) (a) 11-26-93 

(b) 2-15-94 

(c) 3-25-94 

Newquist Watson 

Rohr 

Crawford 

Nuzum 

(

1

) 2761 

731-TA-647 

Steel Wire Rod 

from Canada 

(terminated 5-3-94) 

(

1

) (

1

) (

1

) (

1

) (a) 11-26-93 0) (

1

) (

1

) 0) 

731-TA-650 

Nitromethane 

from the 

People's Republic 

of China 

0 (a) 11-4-93 

(b) 3-29-94 

(c) 5-6-94 

Crawford Newquist 

Watson 

Rohr 

Nuzum 

Bragg 2773 

731-TA-651 

Silicon Carbide 

from the People's 

Republic of 

China 

0 (

1

) (

1

) (

1

) (a) 12-8-93 

(b) 5-2-94 

(c) 6-6-94 

(

1

) Newquist 

Watson 

Rohr 

Crawford 

Nuzum 

Bragg

 : 2779 

54 
Table 6—Continued 

Antidumping investigations completed under sec . 731 of the Tariff Ac t of 1930, fiscal yea r 1994 

Preliminary investigation Final investigation 

Finding that Finding that (a) Advice 

"there is a "there is no received 

(a) Request reasonable reasonable from 

received indication indication Commerce 

(b) Conference [of injury]" [of injury]" (b) Hearing 

(c) Report to (Commerce (Commerce USITC USITC (c) (c) Report to USITC 

Secretary continues terminates Not publi- Secretary Not publiInvestigation No. of its investi- its investi- partici- cation of partici- cation 

and title Commerce gation) gation) pating No. Commerce Affirmative Negative pating No. 

731-TA-652 (

1

) (

1

) (

1

) (

1

) (

1

) (a) 12-14-93 Newquist (

1

) Bragg

 3 2783 

Aramid Fiber 

(

1

) (

1

) (

1

) (

1

) (

1

) 

(b) 5-5-94 Watson 

Formed of Poly (c) 6-15-94 Rohr 

Para-Phenylene Crawford 

Terephthalamide Nuzum 

from the 

Netherlands 

731-TA-653 (

1

) (

1

) (

1

) 0) (a) 1-4-94 Nuzum Watson (

1

) 2793 

Sebacic Acid 

(

1

) (

1

) (

1

) 0) 

(b) 5-24-94 Newquist Rohr 

from the People's (c) 7-5-94 Crawford 

Republic of China 

(c) 

Bragg 

731-TA-658 (

1

) 0) (

1

) (

1

) (

1

) (a) 3-5-94 (

1

) (

1

) (

1

) (

1

) 

Class 150 Stainless 

(

1

) 0) (

1

) (

1

) (

1

) (

1

) 

Steel Threaded 

Pipe Fittings 

from Taiwan 

(terminated 7-26-94) 

731-TA-659 (a) 8-26-93 Newquist 0) Watson

 5 2686 (a) 1-28-94 Nuzum Crawford Watson

 5 2800 

Grain-Oriented (b) 9-16-93 Rohr 

0) 

(b) 4-12-94 Rohr Bragg

 3 

Silicon Electrical (c) 10-12-93 Brunsdale (c) 8-8-94 Newquist 

Bragg

 3 

Steel from Italy 

(c) 

Crawford 

(c) Newquist 

Steel from Italy 

Nuzum 

731-TA-660 (a) 8-26-93 Newquist 2686 (a) 1-28-94 Newquist (

1

) Bragg

 3 2778 

Grain-Oriented (b) 9-16-93 Watson (b) 4-12-94 Watson 

Bragg

 3 

Silicon Electrical (c) 10-12-93 Rohr (c) 5-27-94 Rohr 

Steel from 

(c) 

Brunsdale 

(c) 

Crawford 

Japan Crawford Nuzum 

Nuzum 

731-TA-661-662 

Color Negative 

Photographic 

Paper and 

Certain 

Chemical 

Components 

from Japan and. 

the Netherlands 

(a) 8-31-93 

(b) 9-22-93 

(c) 10-15-93 

Newquist 

Watson 

Rohr 

Brunsdale 

Crawford 

Nuzum 

(

1

) (

1

) 2687 f) 0 0) (

1

) (

1

) 

55 
Table 6—Continued 

Antidumping investigations completed under sec . 731 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

Finding that Finding that (a) Advice 

"there is a "there is no received 

(a) Request reasonable reasonable from (a) 

received indication indication Commerce 

(b) Conference [of injury]" [of injury]" (b) Hearing 

USITC (c) Report to (Commerce (Commerce USITC (c) Report to 

Not 

USITC (c) 

Secretary continues terminates Not publi- Secretary Not publiInvestigation No. of its investi- its investi- partici- cation of partici- cation 

and title Commerce gation) gation) pating No. Commerce Affirmative Negative pating No. 

731-TA-663 (a) 10-13-93 Newquist (

1

) (

1

) 2707 (

1

) (

1

) (

1

) (

1

) (

1

) 

Certain Paper (b) 11-3-93 Watson 

Clips from the (c) 11-29-93 Rohr 

People's Republic 

(c) 

Brunsdale 

of China Crawford 

Nuzum 

731-TA-664-667 (a) 10-22-93 Watson

 6 Newquist 2709 (

1

) ' (

1

) (

1

) (

1

) (

1

) 

Phthalic Anhydride (b) 11-15-93 Rohr 7 Watson

 9 

(

1

) ' 

from Brazil, (c) 12-6-93 Nuzum

 8 Rohr 1 0 

Hungary, Israel, 

(c) 

Brunsdale 

and Mexico Crawford 

Nuzum

 1 1 

731-TA-668 (a) 10-22-93 Watson Newquist 2709 (a) 5-25-94 (

1

) Watson 0) 2809 

Phthalic Anhydride (b) 11-15-93 Rohr Brunsdale (b) 8-9-94 Nuzum 

from Venezuela (c) 12-6-93 Nuzum Crawford (c) 9-21-94 Rohr 

Newquist 

Crawford 

Bragg 

731-TA-669-670 (a) 11-10-93 Newquist Brunsdale

 1 3 (

1

) 2713 (

1

) (

1

) (

1

) (

1

) (

1

) 

Certain Cased (b) 12-1-93 Watson Crawford

 1 3 

(

1

) 

Pencils from (c) 12-27-93 Rohr 

the People's 

(c) 

Brunsdale

 1 2 

Republic of Crawford

 1 2 

China and Nuzum 

Thailand 

731-TA-671-674 (a) 11-9-93 Newquist 2714 (

1

) (

1

) (

1

) (

1

) 0 

Silicomanganese (b) 12-3-93 Watson 

from Brazil, the (c) 12-27-93 Rohr 

People's Republic 

(c) 

Brunsdale 

of China, Ukraine, Crawford 

and Venezuela Nuzum 

731-TA-675-676 (a) 11-18-93 Newquist 2716 (

1

) (

1

) (

1

) (

1

) 0) 

Saccharin from (b) 12-9-93 Watson 

China and Korea (c) 1-3-94 Rohr 

Brunsdale 

J0 

Crawford 

Nuzum 

56 
Table 6—Continued 

Antidumping investigations completed under sec . 731 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

(a) 

(b) 

(c) 

Investigation No. 

and title 

Request 

received 

Conference 

Report to 

Secretary 

of 

Commerce 

Finding that 

"there is a 

reasonable 

indication 

[of injury]" 

(Commerce 

continues 

its investigation) 

Finding that 

"there is no 

reasonable 

indication 

[of injury]" 

(Commerce 

terminates 

its investigation) 

Not 

participating 

(a) Advice 

received 

from 

Commerce 

(b) Hearing 

USITC (c) Report to 

publi- Secretary 

cation of 

No. Commerce Affirmative Negative 

Not 

participating 

USITC 

publication 

No. 

731-TA-683 (a) 1-31-94 Newquist (

1

) (

1

) 2755 (

1

) (

1

) ( 1 ) (

1

) (

1

) 

Fresh Garlic from (b) 2-22-94 Watson 

(

1

) (

1

) 

the People's (c) 3-17-94 Rohr 

Republic 

(c) 

Crawford 

of China Nuzum 

731-TA-684-685 

Fresh Cut 

Roses from 

Colombia and 

Ecuador 

(a) 

(b) 

(c) 

2- 14-94 

3- 8-94 

3-31-94 

Newquist 

Watson 

Rohr 

Crawford 

Nuzum 

(

1

) (

1

) 2766 (

1

) 0) (

1

) (

1

) 0 

731-TA-686 (a) 2-14-94 Newquist Watson 0) 2760 (a) 6-9-94 0) (

1

) (

1

) (

1

) 

Steel Wire (b) 3-4-94 Rohr Crawford 

0) (a) 6-9-94 0) (

1

) (

1

) 

Rod from (c) 3-31-94 Nuzum 

Belgium 

(c) 

(terminated 6-29-94) 

731-TA-687 

Steel Wire Rod 

from Germany 

(a) 

(b) 

(c) 

2- 14-94 

3- 4-94 

3-31-94 

Newquist Watson 

Rohr 

Crawford 

Nuzum 

0) 2760 (

1

) . ( 1

) (

1

) • 0) (

1

) 

731-TA-677 (a) 12-30-93 Newquist (

1

) (

1

) 2733 (

1

) (

1

) 0) 0) (

1

) 

Coumarin (b) 1-20-94 Watson 

(

1

) 

'•, i, ;H' 

from the (c) 2-14-94 Rohr 

People's 

(c) 

Brunsdale 1", i 

Republic of Crawford I'l, 

China Nuzum ''' ' 

731-TA-678-682 (a) 12-30-93 Newquist (

1

) (

1

) 2734 (

1

) (

1

) (

1

) (

1

) (

1

) '!' ; 

Stainless (b) 1-20-94 Watson 

(

1

) (

1

) 

' I'H'P 

Steel (c) 2-14-94 Rohr 

Bar from 

(c) 

Brunsdale 

Brazil, India, Crawford ijr' ! 

Italy, Japan, Nuzum 

and Spain 

57 
Table 6—Continued 

Antidumping investigations completed under sec . 731 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

(a) 

(b) 

(c) 

Investigation No. 

and title 

Request 

received 

Conference 

Report to 

Secretary 

of 

Commerce 

Finding that 

"there is a 

reasonable 

indication 

[of injury]" 

(Commerce 

continues 

its investigation) 

Finding that 

"there is no 

reasonable 

indication 

[of injury]" 

(Commerce 

terminates 

its investigation) 

Not 

participating 

(a) Advice 

received 

from 

Commerce 

(b) Hearing 

USITC (c) Report to 

publi- Secretary 

cation of 

No. Commerce Affirmative Negative 

Not 

participating 

USITC 

publication 

No. 

731-TA-688-695 

Certain Carbon 

Steel ButtWeld Pipe 

Fittings from 

France, India, 

Israel, Malaysia, 

the Republic 

of Korea, 

Thailand, the 

United Kingdom, 

and Venezuela 

(a) 2-28-94 

(b) 3-21-94 

(c) 4-14-94 

Newquist 1 4 

Watson 

Rohr 

Crawford 

Nuzum 

(

1

) Newquist 1 5

 2767 ( 1) 

Bragg

 3 

0) (

1

) (

1

) (

1

) 

731-TA-696-698 

Magnesium from 

the People's 

Republic of China, 

the Russian 

Federation, 

and Ukraine 

Watson

 1 8 

Rohr 1 8 

(a) 3-31-94 Newquist 

(b) 4-21-94 Watson

 1 6 

(c) 5-16-94 Rohr 1 6 Crawford

 1 9 

Crawford

 1 7

 Nuzum

 1 8 

Nuzum

 1 6 

Bragg

 ; 2775 (

1

) (

1

) 0) 0) 0) 

731-TA-699 

Stainless Steel 

Angles from 

Japan 

(a) 

(b) 

(c) 

4-8-94 

4- 29-94 

5- 23-94 

Newquist 

Watson 

Rohr 

Crawford 

Nuzum 

(

1

) Bragg3 2777 (

1

) (

1

) (

1

) (

1

) (

1

) 

731-TA-700-701 

Disposable 

Lighters 

from the 

People's 

Republic 

of China and 

Thailand 

(a) 

(b) 

(c) 

5- 9-94 

6- 1-94 

6-23-94 

Watson 

Rohr 

Newquist 

Crawford 

Bragg 

Nuzum ( 1) 2792 (

1

) (

1

) (

1

) (

1

) (

1

) 

58 
Table 6—Continued 

Antidumping investigations completed under sec . 731 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

Finding that Finding that (a) Advice 

"there is a "there is no 

(a) 

received 

(a) Request reasonable reasonable from 

received indication indication Commerce 

(b) Conference [of injury]" [of injury]" (b) Hearing 

(c) Report to (Commerce (Commerce USITC (c) Report to USITC 

Secretary continues terminates Not publi-

(c) 

Secretary Not publiInvestigation No. of its investi- its investi- partici- cation of partici- cation 

and title Commerce gation) gation) pating No. Commerce Affirmative Negative pating No. 

731-TA-702 (a) 5-31-94 Watson (

1

) (

1

) 2796 (

1

) 0 (

1

) (

1

) (

1

) 

Ferro vanadium (b) 6-21-94 Nuzum 

(

1

) (

1

) (

1

) 0 (

1

) (

1

) (

1

) 

and Nitrided (c) 7-15-94 Rohr 

Vanadium 

(c) 

Newquist 

from Russia Crawford 

Bragg 

731-TA-703-705 (a) 5-31-94 Watson (

1

) (

1

) 2797 (

1

) (

1

) • (

1

) (

1

) (

1

) 

Furfuryl Alcohol (b) 6-21-94 Nuzum 

(

1

) (

1

) (

1

) (

1

) • (

1

) (

1

) (

1

) 

from China, (c) 7-15-94 Rohr 

South Africa, and 

(c) 

Newquist 

Thailand Crawford 

Bragg 

731-TA-706 (a) 6-8-94 Watson (

1

) (

1

) 2798 (

1

) 0) (

1

) 0) 

Canned Pineapple (b) 6-29-94 Nuzum 

(

1

) (

1

) (

1

) 0) (

1

) 0) 

Fruit from (c) 7-25-94 Rohr 

Thailand 

(c) 

Newquist 

Crawford 

Bragg 

731-TA-707-710 

Certain Seamless 

Carbon and Alloy 

Standard, Line, 

and Pressure 

Steel Pipe from 

Argentina, Brazil, 

Germany, and Italy 

(a) 6-23-94 

(b) 7-14-94 

(c) 8-8-94 

Watson 

Nuzum 

Rohr 

Crawford 

Bragg 

(

1

) Newquist

 2 0

 2801 (

1

) 0) (

1

) (

1

) 

731-TA-711-717 

Oil Country 

Tubular Goods from 

Argentina, Austria, 

Italy, Japan, 

Korea, Mexico, 

and Spain 

(a) 

(b) 

(c) 

6- 30-94 

7- 22-94 

8- 15-94 

Watson 

Nuzum 

Rohr 

Newquist 

Crawford 

Bragg 

(

1

) (

1

) 2803 0) 0 0) 

59 
Table 6—Continued 

Antidumping investigations completed under sec . 731 of the Tariff Ac t of 1930, fiscal yea r 1994 

Preliminary investigation Final investigation 

(a) 

(b) 

(c) 

Investigation No. 

and title 

Request 

received 

Conference 

Report to 

Secretary 

of 

Commerce 

Finding that 

"there is a 

reasonable 

indication 

[of injury]" 

(Commerce 

continues 

its investigation) 

Finding that 

"there is no 

reasonable 

indication 

[of injury]" 

(Commerce 

terminates 

its investigation) 

Not 

participating 

USITC 

publication 

No. 

(a) 

(b) 

(c) 

Advice 

received 

from 

Commerce 

Hearing 

Report to 

Secretary 

of 

Commerce Affirmative Negative 

Not 

participating 

USITC 

publication 

No. 

731-TA-718 (a) 7-1-94 Watson 0 2804 (

1

) (

1

) (

1

) 0) (

1

) 

Glycine from (b) 7-22-94 Nuzum 

0 

the People's (c) 8-15-94 Rohr 

Republic of 

(c) 

Newquist 

China Crawford 

Bragg 

1

 Not applicable. 

2

 Then-Chairman Newquist did not participate 

because of illness. 

3

 Commissioner Bragg did not participate 

because her entry on duty was too recent to 

permit adequate preparation. 

4

 This was the remaining portion of 

antidumping investigation No. 731-TA-645 (final). 

Calcium Aluminate (CA) flux and CA 

cement/cement clinker were separated 

when the U.S. Department of Commerce 

determined in its preliminary determination that 

CA flux from France was not being sold at less 

than fair value. However, in its final determination, 

the Department of Commerce found that CA flux 

from France was being sold at less than fair 

value. 

5

 Then-Vice Chairman Watson did not 

participate in order to avoid an appearance of a 

conflict of interest. 

6

 With respect to imports from Brazil. 

7

 With respect to imports from Mexico. 

8

 With respect to imports from Brazil, Israel, 

and Mexico. 

9

 With respect to imports from Hungary, Israel, 

and Mexico. 

1 0

 With respect to imports from Brazil, 

Hungary, and Israel. 

1 1

 With respect to imports from Hungary. 

1 2

 With respect to imports from the People's 

Republic of China. 

1 3

 With respect to imports from Thailand. 

1 4

 With respect to imports from India, Israel, 

Malaysia, the Republic of Korea, Thailand, the 

United Kingdom, and Venezuela. 

1 5

 With respect to imports from France, 

then-Chairman Newquist recused himself in order 

to avoid any appearance of a conflict of interest. 

1 6

 With respect to imports from the People's 

Republic of China, the Russian Federation, and 

imports of pure magnesiumn from Ukraine. 

1 7

 With respect to imports of pure magnesium. 

1 8

 With respect to imports of alloy magnesium 

from Ukraine. 

1 9

 With respect to imports of alloy magnesium. 

2 0

 Commissioner Newquist was unable to 

participate because of a telecommunications 

failure. 

60 
Table 7 

Countervailing duty investigations completed under sec . 303 of the Tariff Ac t of 1930, fisca l yea r 1994 

Preliminary investigation Final investigation 

Finding that Finding that (a) Advice 

"there is a "there is no 

(a) 

received 

(a) Request reasonable reasonable from 

received indication indication Commerce 

(b) Conference [of injury]" [of injury]" (b) Hearing 

(c) Report to (Commerce (Commerce USITC (c) Report to USITC (c) 

Secretary continues terminates Not publi- Secretary Not publiInvestigation No. of its investi- its investi- partici- cation of partici- cation 

and title Commerce gation) gation) pating No. Commerce Affirmative Negative pating No. 

303-TA-24 (a) 10-22-93 Watson Newquist (

1

) 2709 (

1

) ( 1) (

1

) (

1

) 

Phthalic Anhydride (b) 11-15-93 Rohr Brunsdale 

(

1

) 

from Venezuela (c) 12-6-93 Nuzum Crawford 

303-TA-25 (a) 5-9-94 Watson Nuzum (

1

) 2792 (

1

) (

1

)' ( 1) (

1

) (

1

) 

Disposable (b) 6-1-94 Rohr 

(

1

) 

Lighters from (c) 6-23-94 Newquist 

Thailand Crawford 

Bragg 

1

 Not applicable. 

61 
Table 8 

Antidumping and countervailing duty investigations pending on Sept. 30,199 4 

Investigation No. and title Effective date 

731-TA-719 (preliminary) 8-31-94 

Carbon Steel Pipe Nipples from Mexico 

731-TA-720-721 (preliminary) 9-15-94 

Wheel Inserts from the People's Republic of China and Taiwan 

731-TA-374 (final) (suspended) 8-25-87 

Potassium Chloride from Canada 

731-TA-519 (final) (suspended) 11-4-91 

Gray Portland Cement and Cement Clinker from Venezuela 

731-TA-539 (A-C and F) (final) (suspended) 10-21-92 

Uranium from Kazakhstan, Kyrgyzstan, Russia, and Uzbekistan 

731-TA-661-662 (final) (suspended) 8-19-94 

Color Negative Photographic Paper and Certain Chemical Components from Japan and the Netherlands 

731 -TA-663 (final) 5-16-94 

Certain Paper Clips from the People's Republic of China 

731-TA-669-670 (final) 6-16-94 

Certain Cased Pencils from the People's Republic of China and Thailand 

731-TA-671-674 (final) 6-16-94 

Silicomanganese from Brazil, the People's Republic of China, Ukraine, and Venezuela 

731-TA-675 (final) 6-23-94 

Saccharin from China 

731-TA-677 (final) 8-2-94 

Coumarin from the People's Republic of China 

731-TA-678-682 (final) 8-4-94 

Stainless Steel Bar from Brazil, India, Italy, Japan, and Spain 

731-TA-683 (final) ' 7-11-94 

Fresh Garlic from the People's Republic of China 

701-TA-360-361 (final) 6-1-94 

Certain Carbon Steel Butt-Weld Pipe Fittings from India and Israel 

303-TA-21 (final) (suspended) 3-18-94 

Gray Portland Cement and Cement Clinker from Venezuela 

62 
Table 9, 

Investigations completed unde r sec . 22 of the Agricultural Adjustment Act, fisca l yea r 1994 

Date report was— 

Date — USITC 

Investigation No. Request investigation Public Findings and Submitted Released publication 

and title received instituted hearing recommendations to President (public version) No. 

22-54 11-17-93 1-18-94 4-7-94 ( 1) 7-15-94 7-15-94 2794 

Wheat, Wheat Flour, and (Shelby, MT); 

Semolina 4-8-94 

(Bismarck, ND); 

4-28-94 

(Washington, DC) 

1

 Findings: Chairman Watson, Vice 

Chairman Nuzum, and Commissioner Crawford 

found that (1) wheat, wheat flour, and semolina 

were not being imported under such conditions 

and in such quantities as to render, or tend to 

render, ineffective the U.S. Department of 

Agriculture (USDA) wheat program; and that (2) 

the evidence of the recent impact of increased 

wheat imports, which was concentrated in one 

region of the United States and two segments of 

the wheat market, could support a Presidential 

finding of either material interference or no 

material interference. 

Commissioners Rohr and Newquist found that 

wheat, wheat flour, and semolina, classified under 

Harmonized Tariff Schedule of the United States 

(HTS) heading 1001, heading 1101, and 

subheading 1103.11.00, respectively, were being 

imported into the United States under such 

conditions and in such quantities as to materially 

interfere with the price support, payment, and 

production adjustment programs conducted by the 

USDA for wheat. 

Commissioner Bragg found that wheat, wheat 

flour, and semolina, classified under HTS heading 

1001, heading 1101, and subheading 1103.11.00, 

respectively, were being imported into the United 

States under such conditions and in such 

quantities as to materially interfere with the USDA 

program for wheat based on material interference 

with the payment component of the program. 

Recommendations: Chairman Watson, Vice 

Chairman Nuzum, and Commissioner Crawford 

recommended that, should the President find 

action to be appropriate, he take action as follows 

to remedy the adverse impacts identified in the 

record: (1) Non-durum wheat: (A) No change in 

current duty rates on non-durum wheat for the 

first 1,000,000 metric tons (Chairman Watson and 

Commissioner Crawford viewed this as a 

minimum level of imports that should be permitted 

to enter without additional duties, should the 

President determine to take action) entering, or 

withdrawn from warehouse for consumption, 

annually. (B) Ten percent additional tariff on 

quantities of non-durum wheat that exceed 

1,000,000 metric tons (Chairman Watson and 

Commissioner Crawford viewed this as a 

minimum level of imports that should be permitted 

to enter without additional duties, should the 

President determine to take action) entering, or 

withdrawn from warehouse for consumption, 

annually for two years beginning in crop year 

1994/95. (2) Durum wheat: (A) No change in 

current duty rates on durum wheat for the first 

500,000 metric tons (Chairman Watson and 

Commissioner Crawford viewed this as a 

minimum level of imports that should be permitted 

to enter without additional duties, should the 

President determine to take action) entering, or 

withdrawn from warehouse for consumption, 

annually. (B) Ten percent additional tariff on 

quantities of durum wheat that exceed 500,000 

metric tons (Chairman Watson and Commissioner 

Crawford viewed this as a minimum level of 

imports that should be permitted to enter without 

additional duties, should the President determine 

to take action) entering, or withdrawn from 

warehouse for consumption, annually for two 

years beginning in crop year 1994/95. (3) 

Temporary and subject to conditions: (A) The 

limited tariff increases suggested on a portion of 

the imports were to be tied to the continued 

existence of a number of market conditions 

currently existing in the United States and 

Canada, including depreciation of the Canadian 

dollar relative to the U.S. dollar; Canadian rail 

subsidies; nontransparent marketing practices of 

the Canadian Wheat Board; surpluses of 

Canadian feed wheat; extraordinary demand for 

feed wheat in the United States; and unusual 

U.S. durum wheat market conditions in recent 

years. (B) Such limitations should terminate two 

years from their date of imposition, unless 

extraordinary circumstances otherwise dictate. 

Chairman Watson, Vice Chairman Nuzum, and 

Commissioner Crawford declined to recommend 

any limitations on wheat flour or semolina. They 

found that, given the negligible levels of imports 

of wheat flour or semolina, there was insufficient 

justification for taking any restrictive action on 

such imports. 

Commissioners Rohr and Newquist 

recommended that the President impose one of 

the following three alternative forms of relief: (1) 

An import quota in the aggregate amount of 

900,000 metric tons per crop year on imports of 

wheat, wheat flour, and semolina, to be divided 

as follows: (A) For wheat, other than durum 

wheat, and wheat flour, 540,000 metric tons per 

crop year; (B) For durum wheat and semolina, 

360,000 metric tons per crop year. (2) For 

imports of wheat, other than durum wheat, and 

wheat flour, a fee (duty) in the amount of 35 

percent ad valorem, in lieu of the existing rate of 

duty, and for imports of durum wheat and 

semolina, a duty in the amount of 15 percent ad 

valorem, in lieu of the existing rate of duty. (3) A 

tariff-rate quota system, as follows: (A) For 

wheat, other than durum wheat, and wheat flour, 

a duty of 50 percent ad valorem, in lieu of the 

existing rate, on imports of such articles that 

exceed 150,000 metric tons per year, beginning 

with crop year 1994/95, with imports within such 

quota during the period of any action to enter at 

the current rate of duty; and (B) For durum wheat 

and semolina, a duty rate of 25 percent ad 

valorem, in lieu of the existing rate, on imports of 

such articles that exceed 150,000 metric tons per 

year, beginning with crop year 1994/95, with 

imports within such quota during the period of 

any action to enter at the current rate of duty. 
Table 9—Continued 

Investigations completed under sec . 22 of the Agricultural Adjustment Act, fisca l yea r 1994 

Commissioner Bragg recommended that the 

President impose a tariff-rate quota system on 

wheat, wheat flour, and semolina as follows: 

(1) For wheat, other than durum wheat, a duty of 

10 percent ad valorem, in addition to existing 

rates of duty, on imports of such articles that 

exceed 800,000 metric tons per year, beginning 

with crop year 1994/95, with imports within such 

quota during the period of any action to enter at 

the current rate of duty. (2) For wheat flour, a 

duty of 10 percent ad valorem, in addition to 

existing rates of duty, on imports of such articles 

that exceed 60,000 metric tons per year, 

beginning with crop year 1994/95, with imports 

within such quota during the period of any action 

to enter at the current rate of duty. (3) For 

durum wheat, a duty of 10 percent ad valorem, in 

addition to existing rates of duty, on imports of 

such articles that exceed 500,000 metric tons per 

year, beginning with crop year 1994/95, with 

imports within such quota during the period of 

any action to enter at the current rate of duty. 

(4) For semolina, a duty of 10 percent ad 

valorem, in addition to existing rates of duty, on 

imports of such articles that exceed 10,000 metric 

tons per year, beginning with crop year 1994/95, 

with imports within such quota during the period 

of any action to enter at the current rate of duty. 

64 
Table 10 

Investigations unde r sec . 22 o f the Agricultural Adjustment Ac t pending on Sept. 30,199 4 

Date 

investigation 

instituted 

Date report was— 

USITC 

publication 

No. 

Investigation No. 

and title 

Request 

received 

Date 

investigation 

instituted 

Public 

hearing 

Findings and 

recommendations 

Submitted Released 

to President (public version) 

USITC 

publication 

No. 

22-55 

Peanut Butter and 

Peanut Paste 

(suspended 6-28-94) 

11-17-93 1-18-94 0 ) (1) (1) 0 (

1

) 

Not applicable. 

65 
Table 11 

"Market disruption" investigations completed under sec . 406 of the Trade Ac t of 1974, fisca l yea r 1994 

Commissioners' votes Commission's report 

Petitioner Petition Findings USITC 

Investigation or or request Public and To the publication 

No. and title requester filed hearing recommendation Affirmative Negative President No. 

TA-406-13 

Honey from 

China 

USTR 10-6-93 12-2-93 (

n

) Newquist 

Watson 

Rohr 

Crawford 

Nuzum 

Brunsdale 1 -7-94 2715 

1

 Then-Chairman Newquist, Commissioner 

Rohr, and Commissioner Nuzum found and 

recommended that, in order to remedy the market 

disruption found with respect to imports of honey 

from China, it would be necessary to impose a 

tariff-rate quota on such honey for a three-year 

period, to be administered on a quarterly basis, 

with imports entered within a quarterly quota of 

12.5 million pounds of honey from China to be 

dutiable at a rate of 25 percent ad valorem, and 

over-quota imports entered during any calendar 

quarter to be dutiable at a rate of 50 percent ad 

valorem, with such duties imposed in lieu of the 

existing rate of duty. The Commissioners also 

recommended review after three years, or earlier, 

depending on the status of the federal honey loan 

support program. 

Then-Vice Chairman Watson found and 

recommended that, in order to remedy the market 

disruption found with respect to imports of honey 

from China, it would be necessary to impose a 

tariff-rate quota on such honey for a 

two-and-one-half-year period, with a rate of 

15 percent ad valorem on the first 60 million 

pounds of honey imported from China annually, 

and a rate of 25 percent ad valorem on such 

honey that exceeds 60 million pounds. Such 

duties should be in addition to current duties on 

such honey. Then-Vice Chairman Watson also 

recommended review not later than two years 

after imposition of relief, with interested parties 

given the right to petition the ITC for a review of 

the remedy proposed at any time after one year 

following any relief granted by the President. 

Commissioner Brunsdale, although finding in 

the negative with respect to market disruption and 

honey from China, recommended that if the 

President imposed a remedy, it be a tariff-rate 

quota for a three-year period on such honey, with 

no additional duty imposed on the first 60 million 

pounds of honey from China entered annually, but 

with an additional duty of 10 percent ad valorem 

imposed on imports that exceed 60 million 

pounds. 

Commissioner Crawford found and 

recommended that, in order to remedy the market 

disruption found with respect to imports of honey 

from China, it would be necessary to impose a 

duty of 10 percent ad valorem, in lieu of the 

existing rate of duty, on all honey imported from 

China for a period of three years. Commissioner 

Crawford also recommended review after three 

years. 

66 
Table 12 

Review investigations completed under sec . 751 of the Tariff Ac t of 1930, fiscal yea r 1994 

Investigation No. and title Origin 

751-TA-16 Instituted by the Commission on its 

Ceiling Fans from the People's Republic of China own motion 8-10-94 

(terminated 8-31-94) 
Table 13 

Review investigations under sec. 751 of the Tariff Ac t of 1930 pending on Sept. 30,199 4 

Investigation No. and title Origin 

751-TA-15 Institued by the Commission on its 

Stainless Steel Plate from Sweden own motion 6-30-93 

(suspended 8-16-93) 

68 
APPENDIX B 

REPORTS COMPLETED DURING FISCAL YEAR 1994 

AND PENDING ON SEPTEMBER 30,1994 

Section 332 Studies 

Completed During 

FY 1994 

See also the Highlights 

section of this report for details on some of the more 

significant analytical section 332 studies completed 

during the year. 

United States-Canada FreeTrade Agreement: Probable 

Economic Effect on U.S. 

Industries and Consumers 

of Immediate Elimination of 

U.S. Tariffs on Certain 

Articles from Canada 

(332-348) 

On November 3, 1993, the 

USTR requested that the ITC 

advise the President as to the 

probable economic effect on 

domestic industries producing 

like or directly competitive 

articles and on consumers of 

the immediate elimination of 

the U.S. tariff under the U.S.-

Canada Free-Trade Agreement 

with respect to certain dutiable 

articles. The U.S.-Canada 

Free-Trade Agreement requires the President to obtain 

advice from the ITC before 

proclaiming duty modifications under the agreement. 

The ITC report containing 

classified information was 

delivered to the USTR on 

February 3, 1994. 

President's List of Articles 

Which May Be Designated 

or Modified as Eligible Articles For Purposes ofthe 

U.S. Generalized System of 

Preferences (332-346; 

TA-131-20; and 503(a)-25) 

On October 18, 1993, the 

USTR requested that the ITC 

provide advice as to the probable economic effect on U.S. 

industries producing like or 

directly competitive articles 

and on consumers of the 

elimination of U.S. import 

duties under the Generalized 

System of Preferences (GSP) 

with respect to certain articles 

from certain countries. The 

ITC report was delivered to 

the USTR on January 19, 

1994. 

Recurring Industry 

Surveys under 

Section 332 

Impact ofthe Caribbean 

Basin Economic Recovery 

Act on U.S. Industries and 

Consumers, Ninth Report 

(332-227) 

Section 215 of the Caribbean Basin Economic Recovery Act (CBERA) requires the 

ITC to report annually on the 

operation of the program. The 

CBERA, which became effective January 1, 1984, marked 

its 10th year in 1994, and the 

ITC's annual report included a 

10-year retrospective review 

of legislative and trade developments resulting from the 

Caribbean Basin Initiative of 

1982. The report, submitted 

on September 30, 1994, also 

assessed the actual and probable effects of CBERA on the 

U.S. economy generally, on 

U.S. industries producing 

products like or directly competitive with those imported 

from beneficiary countries, 

and on U.S. consumers. 

Among its findings, the 

ITC reported that trade and 

investment indicators for the 

past decade suggest that 

CBERA and related U.S. 

policies have contributed to 

economic modernization in the 

Caribbean, that Caribbean 

exports have diversified over 

the decade with significant 

growth in shipments of 

manufactured goods, that the 

Caribbean was the fastest 

growing source of U.S. imports of textiles and apparel 

during the 1989-93 period, and 

that production sharing between the United States and 

the Caribbean region is growing. In 1993, except for sugar, 

the benefit to consumers from 

CBERA tariff reductions was 

greater than the loss in tariff 

revenue for all the items 

analyzed. 

Synthetic Organic 

Chemicals, United States 

Production and Sales, 1992 

(332-135) 

The ITC reports annually 

on U.S. production and sales 

of synthetic organic chemicals. 

These chemicals are the raw 

material for many consumer 

and industrial products. The 

annual investigation, requested 

by the House Committee on 

Ways and Means, results in 

one of the few publicly available sources of comprehensive 

information on these chemicals and is widely used by 

industry. The report covers 

about 6,000 individual chemicals and chemical products 

and presents statistics in as 

great detail as possible without 

revealing the operations of 

individual producers. The 

report is prepared from data 

supplied by about 600 primary 

manufacturers and includes a 

list of manufacturers of each 

item for which production 

and/or sales were reported. 

The report presents data aggregated in the format of the 

Harmonized Tariff Schedule of 

the United States (HTS) on an 

8-digit basis. The ITC published its 76th report in this 

series containing data from 

1992 in February 1994. The 

ITC also publishes quarterly 

reports on domestic production 

of an abbreviated list of syn69 
thetic organic chemicals, also | 

prepared from data supplied by 

primary manufacturers. The 

ITC published four such reports in FY 1994, in November 1993, February 1994, May 

1994, and August 1994. 

Steel Semiannual Monitoring Report (332-327) 

On June 11,1992, the 

House Committee on Ways 

and Means requested that the 

ITC report twice a year on 

steel trade and steel industry 

issues. The reports in this 

series, based on surveys of 

steel producers and processors, 

examine conditions in the U.S. 

steel industry, including developments in steel capacity, 

production, capital expenditures, environmental expenditures, trade, spending on 

research and development, 

employment, and financial 

performance. During FY 

1994, the ITC published the 

fourth and fifth of six semiannual reports in April and 

September 1994. 

Production Sharing: U.S. 

Imports under Harmonized 

Tariff Schedule Subheadings 

9802.00.60 and 9802.00.80, 

1989-1992 (332-237) 

On September 4, 1986, the 

Commission instituted on its 

own motion an annual investigation that assesses by industry sector the products and 

countries which make use of 

the production sharing provisions of the HTS. These 

provisions provide reduced 

tariff treatment for eligible 

goods which are processed in 

foreign locations but contain 

components which are U.S.-

made. HTS subheading 

9802.00.60 involves tariff 

treatment for metal of U.S. 

origin processed in a foreign 

location and returned to the 

United States for further processing; subheading 

9802.00.80 involves tariff 

treatment for imported goods 

that contain U.S.-made components. Most companies 

involved in Mexico's border 

assembly industry use subheading 9802.00.80 to reduce 

their costs. The ITC published 

the report containing data for 

the years 1989-92 in February 

1994. 

The U.S. Automobile Industry Monthly Report on Selected Economic Indicators 

(332-207) 

In December 1980, the 

House Committee on Ways 

and Means requested that the 

ITC provide it with monthly 

data on U.S. automobile imports, sales, production, and 

prices. The resulting ITC 

investigation was begun in 

1981. The Committee renewed 

its request four times between 

1981 and 1985, with the most 

recent request in 1985 having 

no fixed date for termination. 

The ITC report uses trade data 

compiled from official statistics of the U.S. Department of 

Commerce. Sales, production, 

and certain price data are 

derived from Automotive 

News, an auto industry publication. The U.S. Department 

of Labor provides employment 

and consumer and producer 

price data, while quarterly 

financial results for U.S.-

owned automakers are from 

various public sources. During 

FY 1994, the ITC published 12 

monthly reports, dated October 

1993 through September 1994. 

Nonrubber Footwear 

Quarterly Statistical Report 

(332-191) 

On August 10,1984, the 

Senate Committee on Finance 

requested that the ITC investigate and publish quarterly 

reports on nonrubber footwear. 

The quarterly reports include 

data on production and/or 

shipments, imports, exports, 

apparent consumption, market 

share, employment, and unemployment. The Committee 

also requested annual information on plant closings in the 

nonrubber footwear industry. 

During FY 1994, the ITC 

published quarterly reports in 

December 1993, March 1994, 

June 1994, and September 

1994. 

Rum: Annual Report 

(Covering 1992 and 1993) 

on Selected Economic Indicators (332-175) 

On December 21,1983, 

the Senate Committee on 

Finance requested that the ITC 

evaluate annually the effects 

of the Caribbean Basin Initiative (CBI) on conditions for 

rum in the U.S. market. The 

publication reports selected 

statistics on rum, including 

U.S. production, exports, 

imports (total and by countries 

designated as eligible under 

the CBI), consumption, and 

shipments to the United States 

from Puerto Rico and the U.S. 

Virgin Islands. The ITC 

published its 10th report in this 

series in June 1994. 

Ethyl Alcohol for Fuel Use: 

Determination ofthe Base 

Quantity of Imports 

(332-288) 

Section VI I of the 1989 

Steel Trade Liberalization 

Program Implementation Act 

requires the ITC to determine 

annually the U.S. domestic 

market for fuel ethyl alcohol 

during the 12-month period 

ending on the preceding September 30. Section VI I of the 

Act concerns local feedstock 

requirements for fuel ethyl 

alcohol imported by the 

United States from Caribbean 

Basin Initiative (CBI) beneficiary countries. The ITC's 

domestic market estimate is 

used to establish the "base 

quantity" of imports that can 

be imported with a zero percent local feedstock requirement. Beyond the base quantity of imports, progressively 

higher local feedstock requirements are placed on imports of 

fuel ethyl alcohol and mixtures 

from the CBI beneficiary 

countries. The ITC uses 

official statistics of the U.S. 

Department of Energy to make 

its determinations. For the 

12-month period ending September 30, 1993, the ITC 

determined that the base 

quantity for 1994 was 

80.5 million gallons. The ITC 

published this determination in 

December 1993. 

Monitoring of U.S. Imports 

of Tomatoes (332-350J and 

Monitoring of U.S. Imports 

of Peppers (332-351) 

Section 316 of the 

NAFTA Implementation Act 

requires the ITC to monitor 

U.S. imports of "fresh or 

70 
i 

i chilled tomatoes" and "fresh 

I or chilled peppers, other than 

chili peppers" until January 1, 

| 2009. The ITC reports were 

submitted in June 1994 to the 

I House Committee on Ways 

, and Means; the Senate Committee on Finance; the Senate 

| Committee on Agriculture, 

! Nutrition and Forestry; the 

House Committee on Agriculture; and the USTR. Each 

contained statistical informa-

- tion for the respective industry 

gathered by the ITC in the 

course of its monitoring. 

The data included apparent U.S. consumption, U.S. 

exports and imports, industrypublished data (including U.S. 

and Mexican production and 

harvested area, U.S. weekly 

arrivals and shipping point 

quantities, prices, and U.S. and 

Mexican cost of production 

estimates), and industry questionnaire data. 

Implementing the European 

Community Single Market: 

Sixth Followup Report 

(332-267) 

On October 13, 1988, the 

House Committee on Ways 

and Means and the Senate 

Committee on Finance requested that the ITC provide 

information on the European 

Community's "1992" program 

in periodic reports. The current ITC report, submitted in 

January 1994, analyzed how 

implementation of laws 

associated with the program 

was proceeding at the national 

level. The report noted that, 

although implementation had 

generally advanced considerably throughout the European 

Union, national transposition 

of rules in such areas as government procurement and 

intellectual property lagged in 

most ofthe Union's 12 member states. 

The study observed that 

administrative delays and technical problems were the primary obstacles, along with the 

effects of lingering economic 

recession in Europe and opposition to the Maastricht 

Treaty, which would establish 

a full economic and political 

union. 

Metallurgical Coke: Baseline Analysis ofthe U.S. Industry and Imports 

(332-342) 

On May 6, 1993, the 

House Committee on Ways 

and Means requested that the 

ITC investigate the U.S. metallurgical coke industry. The 

Committee requested an analysis of the effect on the U.S. 

industry of increasing imports 

from major world producers, 

including Japan, China, and 

the former Eastern bloc nations. The ITC report, submitted in March 1994, evaluated the impact of significant 

market and trade issues related 

to the consuming industries on 

the availability of coke in the 

United States, Japan, and the 

other nations. The report also 

studied such coke market 

practices as pricing, quality, 

and byproduct valuation as 

well as the costs of transportation and environmental compliance. 

The ITC found that the 

U.S. coke industry faces several major challenges, including 

decreased consumption, aging 

facilities, increasingly stringent environmental regulations, increased imports, and 

generally declining prices. 

The report also found that 

foreign competitors face many 

of the same challenges. 

Section 332 Studies in 

Progress at the End of 

FY 1994 

The Economic Effects of 

Antidumping and Countervailing Duty Orders and 

Suspension Agreements 

(332-344) 

On June 9, 1993, the 

USTR requested that the ITC 

investigate the economic 

effects of antidumping and 

countervailing duty orders and 

suspension agreements, and 

the economic effects of the 

dumping and subsidy practices 

that such orders and suspension agreements address. The 

investigation will include a 

comprehensive empirical 

analysis of the economic 

condition of the U.S. domestic 

industries impacted (including 

upstream and downstream 

industries) by unfairly traded 

imports both before and after 

relief was granted. The analysis will include relevant industry information on employment, wages, production, 

prices, investment, trade and 

other factors internal and 

external to the industry, including the relevant unfair 

foreign trade practices affecting the general health and 

competitiveness of the domestic industries. As the USTR 

requested, the ITC will employ 

a standard comparative static 

model to estimate the economic effects of the unfair trade 

practices and remedies on 

selected U.S. industries. Also 

as requested, the ITC will seek 

to complement the empirical 

analysis with quantitative and 

other estimates of the labor 

and other domestic adjustment 

costs involved and will seek to 

provide an assessment of the 

economy-wide net economic 

welfare effects of unfair trade 

practices and the remedies 

provided. Scheduled completion: June 30, 1995. 

Effects ofthe Arab League 

Boycott of Israel on U.S. 

Businesses (332-349) 

On November 3, 1993, the 

USTR requested that the ITC 

investigate the economic cost 

to U.S. businesses arising from 

the Arab League boycott of 

Israel. The costs, defined in 

the USTR request as reduced 

U.S. exports and reduced U.S. 

profits, include (a) lost sales 

and business opportunities in 

Arab League countries and/or 

Israel arising from being 

blacklisted or from seeking to 

avoid such blacklisting; (b) 

increased costs of sourcing and 

transportation resulting from 

the boycott as well as compliance costs, including legal 

costs and direct and indirect 

costs associated with compliance with anti-boycott laws; 

and (c) distorted or foregone 

investments in either the Arab 

or Israeli markets resulting 

from the boycott as well as 

investment diverted from or 

denied to blacklisted U.S. 

businesses due to association 

with Israel. The ITC will 

assess the scope of the boycott, 

the degree of enforcement on a 

country-by-country basis, and 

the degree of compliance with 

71 
the boycott by U.S. businesses. 

The study will be the first to 

estimate the economic effects 

of the boycott on the United 

States, to the ITC's knowledge; most previous analyses 

have focused on the effect of 

the boycott on Israel and the 

boycotting nations. Scheduled 

completion: November 7, 

1994. 

Global Competitiveness of 

U.S. Environmental Technology Industries: Municipal and Industrial Water 

and Wastewater (332-347) 

On October 14, 1993, the 

Senate Committee on Finance 

requested that the ITC undertake a two-part investigation 

on the global competitiveness 

of U.S. environmental technology industries. The first of 

two competitiveness studies 

will deal with goods and 

services for municipal and 

industrial water supply and for 

municipal and industrial 

wastewater treatment and 

disposal. The second study 

will deal with air pollution 

prevention and abatement 

equipment and services. The 

Committee requested that the 

ITC examine factors relevant 

to the global competitiveness 

of the environmental technology industry including government policies such as export 

promotion and market development, environmental regulation, technology transfer, 

technical development assistance, economic development 

or other financial assistance, 

and intellectual property 

protection. The Committee 

also requested that the ITC 

review the export promotion/ 

technical assistance policies of 

the United States' top competitors in the environmental 

technology field, including 

Japan and Germany. Scheduled completion: February 

1995 for the study concerning 

municipal and industrial water 

and wastewater; no later than 

February 1996 for the study 

concerning air pollution prevention and abatement equipment and services. 

U.S. Schedule of Services 

Commitments (332-354) 

On April 18, 1994, the 

USTR requested that the ITC 

initiate an ongoing program to 

compile and maintain the 

United States Schedule of 

Services Commitments, the 

establishment of such a schedule being required by the 

General Agreement on Trade 

in Services (GATS), negotiated 

as part of the GATT Uruguay 

Round of multilateral trade 

negotiations. The GATS 

provides for the establishment 

of national schedules of commitments by countries setting 

forth their national commitments pertaining to specific 

service sectors. These schedules bind countries to maintain 

a minimum level of market 

access and bind them to a 

national treatment obligation. 

The GATS also provides for a 

broad most-favored-nation 

(MFN) obligation, unless 

nations provide a list of exceptions for MFN treatment. The 

schedules and MFN exemptions will provide the basis for 

efforts to further liberalize 

international trade in services. 

The USTR requested that the 

ITC compile an initial U.S. 

Schedule reflecting the final 

services commitments made in 

the Uruguay Round and work 

with the USTR to update the 

U.S. Schedule, as necessary, to 

reflect all future commitments 

resulting from the post-Uruguay Round negotiations on 

financial, telecommunications, 

and maritime services, and 

future bilateral and multilateral services negotiations undertaken by the USTR. Scheduled completion: January 1, 

1995. 

President's List of Articles 

Which May Be Designated 

or Modified as Eligible 

Articles For Purposes ofthe 

U.S. Generalized System of 

Preferences (332-356) 

On August 16, 1994, the 

USTR requested that the ITC 

investigate whether any industry in the United States is 

likely to be adversely affected 

by a waiver of certain competitive needs limits with respect 

to certain articles from Thailand. In 1989, Thailand lost 

some benefits under the Generalized System of Preferences 

(GSP) after the President 

determined that Thailand does 

not provide adequate and 

effective intellectual property 

rights (IPR) protection. On 

August 12, 1994, the Trade 

Policy Staff Committee initiated a review process to consider whether any of the benefits lost by Thailand in 1989 

should be restored because of 

Thai progress on IPR protection. In order to restore certain of the lost GSP benefits to 

Thailand, the President would 

have to grant Thailand a 

waiver of the so-called competitive needs limits under the 

Trade Act of 1974. The 1974 

Act requires the President to 

receive economic advice from 

the ITC prior to granting a 

waiver of competitive needs 

limits. Scheduled completion: 

November 23,1994. 

Other Publications 

Issued During FY 1994 

Trade Between the United 

States and China, the 

Successor States to the 

Former Soviet Union, and 

Other Title IV Countries 

Title IV, section 410 of the 

Trade Act of 1974, requires 

the ITC to monitor imports 

into the United States from 

nonmarket economy countries 

and report at least once each 

calendar quarter on the effects 

of such imports on the production of like or directly competitive articles in the United 

States and on employment 

within the industry. The ITC 

issued four such reports during 

FY 1994, in October 1993, 

January 1994, April 1994, and 

July 1994. 

Industry and Trade 

Summary reports 

The ITC periodically 

issues a series of detailed 

reports on thousands of products imported into and exported from the United States. 

These reports include information on product uses, U.S. and 

foreign producers, and customs treatment of the products 

being studied; they also analyze the basic factors bearing 

on the competitiveness of the 

U.S. industry in domestic and 

foreign markets. Thirty such 

summaries were published in 

FY 1994. 

72 
APPENDIX C 

STATUTES INVOLVING 

T HE U.S. INTERNATIONAL TRADE COMMISSION 

Key Statutes 

Section 201, Trade Act 

of 1974 (Escape Clause 

Investigations), Import 

Relief for Domestic 

Industries 

Under section 201, 

domestic industries seriously 

injured or threatened with 

serious injury by increased 

imports may petition the ITC 

for import relief. The ITC 

determines whether an article 

is being imported in such 

increased quantities that it is a 

substantial cause of serious 

injury, or threat thereof, to the 

U.S. industry producing an 

article like or directly competitive with the imported article. 

If the Commission makes an 

affirmative determination, it 

recommends to the President 

relief that would remedy the 

injury and facilitate industry 

adjustment to import competition. The President makes the 

final decision whether to 

provide relief and the amount 

of relief. 

Section 201 does not 

require a finding of an unfair 

trade practice, as do the antidumping and countervailing 

duty laws and section 337 of 

the Tariff Act of 1930. However, the injury test under section 201 is considered to be 

more difficult than those of the 

unfair trade statutes. Section 201 requires that the 

injury or threatened injury be 

"serious" and that the increased imports must be a 

"substantial cause" (not less 

than any other cause) of the 

serious injury or threat of 

serious injury. 

Criteria for import relief 

under section 201 are based on 

those in article XIX of the 

GATT. Article XIX of the 

GATT is referred to as the 

escape clause because it permits a country to "escape" 

temporarily from its obligations under the GATT with 

respect to a particular product 

when increased imports of that 

product are causing or are 

threatening to cause serious 

injury to domestic producers. 

Section 201 provides the legal 

framework under U.S. law for 

the President to invoke U.S. 

rights under article XIX. 

When : The ITC conducts an investigation under 

section 201 upon receipt of 

a petition from a trade association, firm, certified or recognized union, or group of workers which is representative of 

a domestic industry; upon 

receipt of a request from the 

President or the USTR; upon 

receipt of a resolution of the 

House Committee on Ways 

and Means or Senate Committee on Finance; or upon its 

own motion. 

Duration: The ITC 

generally must make its injury 

finding within 120 days of 

receipt of the petition, request, 

resolution, or institution on its 

own motion and must transmit 

its report to the President, 

together with any relief recommendations, within 60 days 

thereafter. 

Finding: If the ITC 

finding is affirmative, it must 

recommend a remedy to the 

President, who determines 

what relief, if any, will be 

imposed. Such relief may be 

in the form of a tariff increase, 

quantitative restrictions, or 

orderly marketing agreements. 

Followup: If import 

relief is provided, the ITC 

periodically reports on developments within the industry 

during the period of relief. 

Upon request, the ITC advises 

the President of the probable 

economic effect on the industry of the reduction, modification, or termination of the 

relief in effect. At the conclusion of any relief period, the 

ITC is required to report to 

the President and Congress on 

the effectiveness of the relief 

action in facilitating the positive adjustment of the domestic industry to import competition. (For further information, 

see section 201 of the Trade 

Act of 1974, 19 U.S.C. 2251.) 

Section 337, Tariff Act 

of 1930, Investigations 

of Unfair Practices in 

Import Trade 

Under section 337, the 

ITC determines whether, as 

defined by U.S. statutory and 

common law, there is unfair 

competition in the importation 

of products into, or their sale 

in, the United States. Section 337 declares unlawful 

unfair methods of competition 

and unfair acts in the import 

and sale of products in the 

United States, the threat or 

effect of which is to destroy or 

substantially injure a domestic 

industry, prevent the establishment of such an industry, or 

restrain or monopolize trade 

and commerce in the United 

States. Section 337 also declares as unlawful per se 

infringement of a valid and 

enforceable U.S. patent, copyright, registered trademark, or 

mask work; no resulting injury 

need be found. 

Section 337 investigations 

require formal evidentiary 

73 
hearings in accordance with 

the Administrative Procedure 

Act (5 U.S.C. 551 et seq.). The 

hearings are held before an 

administrative law judge. 

Parties to these investigations 

include complainants, respondents, and the ITC attorney 

representing the public interest. Following a hearing, the 

ALJ issues an initial determination on all issues related 

to violations of section 337. 

The Commission may review 

and may modify the ALJ 

decision. If the Commission 

does not review the initial 

determination, it becomes the 

Commission's decision. In 

addition to the long-term relief 

requested, complainants also 

may request temporary relief 

pending final resolution of the 

case. 

When : After receipt of a 

complaint under oath from an 

interested party or upon its 

own motion, the ITC conducts 

an investigation to determine 

whether unfair methods of 

competition or unfair acts are 

occurring in the importation of 

articles into, or their sale in, 

the United States. 

Duration: The ITC 

investigation must be completed within one year or, in a 

case which has been designated more complicated, 

18 months after the notice of 

investigation is published in 

the Federal Register. 

Finding: In general, if 

the ITC finds that the importation of such articles substantially injures or threatens to 

substantially injure an industry, prevents the establishment 

of such an industry, or restrains or monopolizes trade 

and commerce in the United 

States, it may issue orders 

excluding the products from 

entry, directing the violating 

parties to cease and desist 

from certain actions, or both. 

However, if the imports infringe a U.S. patent, copyright, 

registered trademark, or mask 

work, the ITC may issue an 

exclusion and/or cease and 

desist order without finding 

injury. ITC orders are effective 

when issued and become final 

60 days after issuance unless 

disapproved for policy reasons 

by the President of the United 

States within that 60-day 

period. Appeals of ITC determinations may be taken to the 

U.S. Court of Appeals for the 

Federal Circuit. Violators of 

ITC section 337 orders are 

liable for civil penalties of up 

to $ 100,000 a day or twice the 

value of the imported articles. 

(For further information, see 

section 337 of the Tariff Act 

of 1930, 19 U.S.C. 1337.) 

Countervailing Duty 

and Antidumping Duty 

Laws Under the Tariff 

Act of 1930 

Under the Tariff Act of 

1930, U.S. industries may 

petition the government for 

relief from imports that are 

sold in the United States at 

less than fair value 

("dumped") or which benefit 

from subsidies provided 

through foreign government 

programs. Under the law, the 

U.S. Department of Commerce 

determines whether the dumping or subsidizing exists and, 

if so, the margin of dumping 

or amount of the subsidy; the 

ITC determines whether the 

dumped or subsidized imports 

materially injure or threaten to 

materially injure the U.S. 

industry. 

Countervailing duty and 

antidumping investigations are 

conducted under title VII of 

the law. The ITC conducts 

preliminary and final injury 

investigations. (For ease of 

reference, preliminary and 

final ITC countervailing duty 

investigations are referred to 

as "701" investigations, and 

preliminary and final ITC 

antidumping investigations are 

referred to as "731" investigations, after the respective 

initial sections in the Tariff 

Act of 1930 for the countervailing duty and antidumping 

laws.) 

Preliminary Countervailing 

Duty Investigations (Subsidized Imports) and 

Preliminary Antidumping 

Investigations (Imports Sold 

. at Less Than Fair Value) 

When : After the simultaneous filing of a petition 

with the ITC and the U.S. 

Department of Commerce, the 

ITC conducts a preliminary 

injury investigation. 

Duration: The investigation must be completed 

within 45 days of the receipt 

of the petition. 

Finding: The ITC determines, on the basis of the best 

information available to it at 

the time of the determination, 

(1) whether there is a "reasonable indication" that an industry is materially injured or is 

threatened with material 

injury, or (2) whether the 

establishment of an industry is 

materially retarded, by reason 

of imports under investigation 

by the Department of Commerce that are allegedly subsidized or sold at less than fair 

value in the United States. 

If the ITC determination 

is affirmative, Commerce 

continues its investigation. If 

the ITC determination is 

negative, the investigation is 

terminated. 

Final Countervailing Duty 

Investigations (Subsidized 

Imports) and Final Antidumping Investigations 

(Imports Sold at Less Than 

Fair Value) 

When : After a preliminary affirmative determination 

by the Secretary of Commerce 

(or after a final affirmative 

determination if the preliminary determination was negative) that imported products 

are subsidized or are being, 

or are likely to be, sold at less 

than fair value, the ITC conducts a final injury investigation. 

Duration: The ITC final 

injury investigation usually 

must be completed within 

120 days after an affirmative 

preliminary determination by 

the Secretary of Commerce or 

within 45 days after an affirmative final determination by 

the Secretary of Commerce, 

74 
whichever is later. However, 

in cases in which the Commerce preliminary determination is negative but the Commerce final determination is 

affirmative, then the ITC final 

injury determination must be 

made within 75 days. 

Finding: The ITC determines (1) whether an industry 

in the United States is materially injured or threatened with 

material injury, or (2) whether 

the establishment of an industry in the United States is 

materially retarded, by reason 

of imports that the Department 

of Commerce has determined 

to be subsidized or sold in the 

United States at less than fair 

value. 

If the ITC determination 

is affirmative, the Secretary of 

Commerce issues a countervailing duty order (in a subsidy investigation) or an antidumping order (in a dumping 

investigation), which is enforced by the U.S. Customs 

Service. ITC determinations 

may be appealed to the U.S. 

Court of International Trade in 

New York City, or, in cases 

involving Canada and/or 

Mexico, to a binational panel 

under the auspices of the 

North Amerian Free Trade 

Agreement. (For further 

information on countervailing 

duty investigations, see section 

701 et seq. of the Tariff Act of 

1930, 19 U.S.C. 1671 etseq. 

For further information on 

antidumping investigations, 

see section 731 et seq. of the 

Tariff Act of 1930, 19 U.S.C. 

1673 et seq.) 

Section 303, Tariff Act of 

1930 (Countervailing Duty 

Investigations), Subsidized 

Imports 

Certain countervailing 

duty investigations involve 

articles that enter the United 

States from countries that are 

not covered by section 701 of 

the Tariff Act of 1930 because 

the countries are not signatories of the GATT Agreement 

on Subsidies and Countervailing Measures. If those articles 

enter the United States free of 

duty, and under certain other 

circumstances, then under 

section 303 of the Tariff 

Act of 1930, the ITC determines, with respect to any 

article that the Secretary of 

Commerce has determined is 

subsidized, whether an industry in the United States is 

materially injured or threatened with material injury, or 

the establishment of an industry is materially retarded, by 

reason of the article's import. 

(For further information, see 

section 303, Tariff Act of 

1930, 19 U.S.C. 1303.) 

Section 332, Tariff Act 

of 1930, General 

Factfinding 

Investigations 

Under section 332, the 

ITC investigates a wide variety of trade matters. 

When: Upon request 

from the President, the Senate 

Committee on Finance, the 

House Committee on Ways 

and Means, or the USTR, or 

upon its own motion, the ITC 

initiates a factfinding investigation on any matter involving tariffs or international 

trade, including conditions of 

competition between U.S. and 

foreign industries. 

Duration: Unless otherwise-directed, the ITC establishes an administrative deadline. Deadlines for investigations requested by the President, the USTR, or Congress 

are usually set by mutual 

agreement. 

Finding: Unless the 

President or Congress directs 

otherwise, ITC final reports 

are made available to all 

interested parties, the general 

public, the President and 

executive departments, and 

Congress. Reports on matters 

relating to pending trade 

negotiations are often classified documents not subject to 

public view. (For further 

information, see section 332 

of the Tariff Act of 1930, 

19 U.S.C. 1332.) 

Section 22, Agricultural 

Adjustment Act, Import 

Interference With 

Agricultural Programs 

Under section 22, the 

ITC conducts investigations at 

the direction of the President 

to determine whether products 

are being (or are practically 

certain to be) imported into 

the United States under such 

conditions and in such quantities that they render or tend 

to render ineffective or 

materially interfere with any 

program of the Department of 

Agriculture. 

The ITC makes findings 

and recommendations to the 

President. The President may 

impose a fee or quota on the 

imports in question. (For 

further information, see section 22 of the Agricultural 

Adjustment Act, 7 U.S.C. 

624.) 

Section 406, Trade Act 

of 1974, Trade With 

Communist Countries 

Under section 406 of the 

Trade Act of 1974, the Commission determines whether 

imports from a Communist 

country are causing market 

disruption in the United States. 

Section 406 investigations are 

similar procedurally to Commission investigations under 

section 201 of the Trade Act of 

1974. If the Commission finds 

market disruption, it then 

makes a remedy recommendation to the President. The 

President makes the final 

decision with respect to remedy. (For further information, 

see section 406, Trade Act of 

1974, 19 U.S.C. 2436.) 

Section 603, Trade Act 

of 1974 (Preliminary 

Investigations), Expedition of Preliminary 

Investigations 

Section 603 of the Trade 

Act of 1974 authorizes the ITC 

to conduct preliminary investigations in order to expedite 

the performance of its functions under the Act. In recent 

years, the ITC has used this 

provision on several occasions 

in conjunction with section 337 of the Tariff Act of 

1930 (which was amended by 

75 
the Trade Act of 1974) to 

investigate allegations that 

may, with the gathering of 

additional information, provide a basis for an investigation under section 337. (For 

further information, see section 603, Trade Act of 1974, 

19 U.S.C. 2482.) 

Other Areas of 

Involvement 

Required by Statute 

Caribbean Basin 

Economic Recovery Act 

The ITC submits annual 

reports to Congress and the 

President on the economic 

impact on U.S. industries and 

consumers of the Caribbean 

Basin Economic Recovery 

Program. (For further information, see 19 U.S.C. 2704.) 

Uniform Statistical Data 

The ITC, in cooperation 

with the Secretary of the 

Treasury and the Secretary of 

Commerce, establishes for 

statistical purposes an enumeration of articles imported into 

the United States and exported 

from the United States and 

seeks to establish comparability of such statistics with statistical programs for domestic 

production. (For further information, see section 484(e), 

Tariff Act of 1930, 19 U.S.C. 

1484(e).) 

Harmonized Tariff 

Schedule of the 

United States 

The ITC issues a publication containing the HTS and 

related material and considers 

questions concerning the 

arrangement of the HTS and 

the classification of articles. 

(For further information, see 

section 1207 of the Omnibus 

Trade and Competitiveness 

Act of 1988, 19 U.S.C. 3007 

and sections 332(A) and 

484(e) of the Tariff Act of 

1930,19 U.S.C. 1484(e).) 

Harmonized System 

Convention 

The ITC has responsibility, along with the Department 

of the Treasury and the Department of Commerce, to 

represent the U.S. Government concerning the activities 

of the Customs Cooperation 

Council relating to the Harmonized System Convention and 

to formulate U.S. Government 

positions on technical and 

procedural issues relating to 

the Convention. (For further 

information, see section 1210 

of the Omnibus Trade and 

Competitiveness Act of 1988, 

19 U.S.C. 3010.) 

In addition, the ITC is 

responsible for reviewing the 

HTS and for recommending 

to the President such modifications as it considers necessary 

or appropriate to conform the 

HTS with amendments to the 

Harmonized System Convention, to ensure that the HTS is 

kept up to date, and to alleviate unnecessary administrative 

burdens. (For further information, see section 1205 of the 

Omnibus Trade and Competitiveness Act of 1988, 

19 U.S.C. 3005.) 

Annual Report on the 

U.S. Trade Agreements 

Program 

The ITC annually prepares for Congress and the 

interested public a factual 

report on the operation of the 

trade agreements program. 

The report contains information on U.S. participation in 

multilateral and bilateral trade 

negotiations and agreements, 

as well as related material on 

foreign economic and trade 

developments and the administration of U.S. trade laws. 

(For further information, see 

section 163(b), Trade Act of 

1974, 19 U.S.C. 2213.) 

Advice Concerning 

Trade Negotiations 

The ITC advises the 

President as to the probable 

economic effect on domestic 

industries and consumers of 

modification of duties and 

other barriers to trade that 

may be considered for inclusion in any proposed trade 

agreement with foreign countries. (For further information, 

see section 131, Trade Act of 

1974, 19 U.S.C. 2151.) 

Generalized System of 

Preferences 

With respect to articles 

that may be considered for 

duty-free treatment when 

imported from designated 

developing countries, the ITC 

advises the President as to the 

probable economic effect on 

the domestic industry and on 

consumers of the removal of 

duty. (For further information, 

see sections 131 and 503, 

Trade Act of 1974, 19 U.S.C. 

2151,2163.) 

East-West Trade 

Monitoring System 

The ITC monitors imports 

into the United States from 

nonmarket economy countries 

and prepares a report at least 

once each calendar quarter on 

the effect of such imports on 

the production of like or directly competitive articles in 

the United States and on 

employment within the industry. (For further information, 

see section 410, Trade Act of 

1974,19 U.S.C. 2440.) 

Andean Trade 

Preference Act 

The ITC submits annual 

reports to Congress and the 

President on the impact on 

U.S. industries and consumers 

of the Andean Trade Preference Act and Andean drug 

crop eradication and crop 

substitution. (For further 

information, see 19 U.S.C. 

3204.) 

76 
APPENDIX D 

REPORTS SUBMITTED TO CONGRESS ON 

PROPOSED LEGISLATION, FISCAL YEAR 19931 

Reports Submitted to 

the House on 

Proposed Legislation 

1. H.R. 1098 

Mr. Hall 

To extend until January 1, 1998, the existing 

suspension of duty on 

certain bicycle parts, and 

for other purposes. 

October 27, 1993. 

(See also S. 1043.) 

2. H.R. 1273 

Mr. Andrews 

To extend until January 1, 1 995, the existing 

suspension of duty on 

furniture of unspun 

fibrous vegetable 

materials. 

July 20, 1994. 

3. H.R. 1370 

Ms. Slaughter 

To amend the Harmonized 

Tariff Schedule of the 

United States to change 

the rate of duty for 

1

 Date shown for each bill 

is that on which the bill report 

was submitted to Congress. 

certain bicycles. 

October 29,1993. 

4. H.R.174 8 

Mr. Sensenbrenner 

Relating to the tariff 

treatment of certain 

plastic flat goods. 

March 14, 1994. 

(See also S. 1395.) 

5. H.R. 2008 

Mr. Ballenger 

To suspend until January 1, 1995, the duty on 

chloranil. 

December 3, 1993. 

(See also S. 1389.) 

6. H.R.200 9 

Mr. Ballenger 

To suspend until January 1, 1997, the duty on 

phospholan mixed with 

ethylene glycol. 

December 3, 1993. 

(See also S. 1393.) 

7. H.R. 2011 

Mr. Ballenger 

To suspend until January 1, 1995, the duty on 

2,4-Dinitro anilin. 

December 3, 1993. 

8. H.R. 2045 

Mr. Wheat 

To suspend until January 1, 1997, the duty on 

0,0-dimethyl-s-((4-oxo1,2,3-benzotriazin-3(4h)-

yl)methyl] phosphorodithioate. 

October 29, 1993. 

(See also S. 958.) 

9. H.R. 2104 

Mr. Lewis 

To provide duty-free entry 

privileges to participants 

in, and other individuals 

associated with, the XXV I 

Summer Olympiad in 

Atlanta, Georgia, and for 

other purposes. 

October 25, 1993. 

10. H.R. 2122 

Mr. Hoekstra 

To extend until January 1,1995, the existing 

suspension of duty on 

bendiocarb. 

December 3, 1993. 

(See also S. 510.) 

11. H.R. 2163 

Mr. Grandy 

To reduce the column 

1-general rate of duty on 

- piperonyl butoxide 

(PBO). 

October 27, 1993. 

(See also S. 2168.) 

12. H.R. 2165 

Mr. Grandy 

To suspend until January 1, 1997, the duty on 

Tefluthrin. 

October 22, 1993. 

(See also S. 594 and 

S. 1316.) 

13. H.R.216 6 

Mr. Grandy 

To extend until January 1, 1995, the existing 

suspension of duty on 

fluazifop-p-butyl. 

October 29, 1993. 

(See also S. 593.) 

14. H.R. 2168 

Mr. Grandy 

To reduce the column 

1-general rate of duty on 

piperonyl butoxide 

(PBO). 

October 27,1993. 

(See also S. 2163.) 

15. H.R. 2185 

Mr. Ravenel 

To suspend until January 1, 1996, the duty on 

Resolin Red F3BS 

Components I and II . 

October 27,1993. 

16. H.R. 2186 

Mr. Ravenel 

To suspend until January 1, 1996, the duty on 

dimethyl succinyl 

succinate. 

October 29, 1993. 

17. H.R. 2251 

Mr. Grandy 

To extend until January 1,1997, the existing 

suspension of duty on 

fluazifop-p-butyl. 

October 29,1993. 

(See also S. 593 and 

H.R. 2166.) 

18. H.R. 2252 

Mr. Grandy 

To extend until January 1, 1997, the existing 

suspension of duty on 

mercuric oxide. 

November 19, 1993. 

(See also S. 397.) 

19. H.R. 2279 

Mr. Porter 

To suspend temporarily 

the duty on Tacrolimus in 

bulk or measured dose 

form subject to approval 

by the Food and Drug 

Administration. 

October 29,1993. 

(See also S. 1153.) 

77 
20. H.R. 2281 

Mr. Reed 

To extend until January 1, 1995, the previously 

existing suspension of 

duty on acet quinone base. 

October 29, 1993. 

(See also S. 1246.) 

21. H.R. 2301 

Mr. Castle 

To suspend until January 1, 1997, the duty on 

PCMX. 

October 29,1993. 

(See also S. 511.) 

22. H.R. 2303 

Mr. Castle 

Relating to the tariff 

treatment of gum rosin 

and wood rosin. 

October 27, 1993. 

23. H.R. 2304 

Mr. Castle 

To extend until January 1, 1996, the existing 

suspension of duty on 

Quizalofop-ethyl. 

December 3, 1993. 

24. H.R. 2384 

Mr. Payne 

To extend until January 1, 1997, the previously 

existing suspension of 

duty on certain chemicals. 

October 29, 1993. 

25. H.R. 2385 

Mr. Payne 

To suspend until January 1,1995, the duty on 

certain chemicals. 

October 27,1993. 

26. H.R. 2452 

Mr. Kleczka 

Relating to the tariff 

treatment of certain 

agglomerated cork 

products. 

December 8, 1993. 

(See also S. 838.) 

27. H.R.246 5 

Mr. Manton 

To extend until January 1,1996, the previously 

existing temporary duty 

suspension on certain 

knitting machines and 

parts, and for other 

purposes. 

March 14, 1994. 

28. H .R.248 5 

Mr. Ramstad 

To suspend temporarily 

the duty on Bisphenol AP 

February 18, 1994. 

(See also S. 813.) 

29. H.R. 2486 

Mr. Ramstad 

To extend the temporarily 

suspension of duty on 

octadecyl isocyanate. 

December 8, 1993. 

(See also S. 754.) 

30. H.R.248 7 

Mr. Ramstad 

To suspend until January 1,1995, the duty on 

certain ceramic ferrules 

and sleeves. 

December 8, 1993. 

(See also S. 369.) 

31. H.R. 2505 

Mr. Machtley 

To extend until January 1, 1998, the existing 

suspension of duty on 

stuffed dolls, certain toy 

figures, and the skins 

thereof. 

December 8, 1993. 

(See also S. 1237.) 

32. H.R. 2506 

Mr. Quillen 

To suspend temporarily 

the duty on photographic 

gelatin. 

January 12, 1994. 

33. H.R. 2507 

Mr. Quillen 

To continue until the close 

of December 31,1994, the 

existing suspension of 

duties on color couplers 

and coupler intermediates 

used in the manufacture of 

photographic sensitized 

material. 

January 12, 1994. 

34. H.R. 2508 

Mr. Quillen 

To suspend temporarily 

the duty on benzoxazol. 

January 26,1994. 

35. H.R. 2509 

Mr. Quillen 

To suspend until January 1, 1995, the duty on 

ortho aminophenol. 

February 18, 1994. 

36. H.R. 2510 

Mr. Ramstad 

To suspend until January 1, 1995, the duty on 

certain machinery used to 

recycle mercury. 

February 18,1994. 

(See also S. 1308.) 

37. H.R. 2533 

Mr. Holden 

To suspend until January 1, 1996, the duty on 

certain chemicals. 

December 3, 1993. 

(See also S. 1287.) 

38. H.R. 2563 

Mr. Callahan 

To suspend until January 1, 1995, the duty on 

2-(2H-benzotriazol-2-yl) 

-6-dodecyl-4-methylphenol, branched and linear. 

January 12, 1994. 

39. H.R. 2637 

Mr. Valentine 

To revive and extend until 

January 1,1999, a 

suspension of duty on 

Cefixime. 

February 18, 1994. 

40. H.R. 2690 

Mr. Fazio 

Relating to the tariff 

treatment of Benthiocarb. 

March 15, 1994. 

41. H.R. 2700 

Mr. Tauzin 

To extend until January 1, 1998, certain 

previously existing 

temporary duty 

suspensions. 

March 14, 1994. 

42. H.R. 2701 

Mr. Tauzin 

To extend the previously 

existing temporary 

reduction of duty on 

caffeine. 

December 8,1993. 

(See also S. 700.) 

43. H.R. 2754 

Mr. Gingrich 

To extend until January 1,1998, the previously 

existing suspension of 

duty on lactulose. 

February 18,1994. 

44. H.R. 2755 

Mr. Gingrich 

To suspend until January 1, 1998, the duty on 

fluvoxamine. 

February 18, 1994. 

45. H.R. 2798 

Mr. Shays 

To revive the suspension 

of duty on 3,5,6-trichlorosalicylic acid. 

February 18, 1994. 

46. H.R. 2799 

Mr. Shays 

To suspend temporarily 

the duty on anthraquinone 

disulfonic acid sodium 

salt. 

January 12, 1994. 

47. H.R. 2801 

Mr. Shays 

To suspend temporarily 

the duty on acid violet 19. 

January 12, 1994. 

78 
H.R. 2821 

Mr. Gilman 

To suspend until January 1,1997, the duty on 

Ethambutol 

hydrochloride. 

February 18, 1994. 

H.R. 2822 

Mr. Gilman 

To suspend until January 1,1997, the duty on 

Tazobactam. 

January 26,1994. 

H.R. 2823 

Mr. Gilman 

To suspend until January 1, 1997, the duty on 

leucovorin calcium 

powder. 

January 26, 1994. 

H.R. 2844 

Mr. Santo rum 

To renew until January 1, 1996, the previous 

suspension of duty on 

certain chemicals, and for 

other purposes. 

February 18,1994. 

H.R. 2845 

Mr. Santo rum 

To suspend until January 1, 1996, the duty on 

certain chemicals. 

February 18, 1994. 

H.R. 2855 

Mr. Andrews 

To suspend until January 1, 1995, the duty on 

anthraquinone. 

December 8, 1993. 

(See also S. 1000 and 

H. R. 2383.) 

54. H.R. 2865 

Mr. Greenwood 

To extend until January 1, 1998, the existing 

suspensions of duty on 

m-Xylenediamine 

("MXDA") and 

I , 3-Bis(aminomethyl)cyclohexane("l,3-BAC"). 

January 12, 1994. 

55. H.R. 2869 

Mrs. Johnson 

To extend until December 31, 1998, the temporary suspension of 

duties on 2,6-Dichlorobenzonitrile, relating to 

mixtures and inerts. 

December 8,1993. 

(See also S. 804 and 

H.R. 2086.) 

56. H.R.288 5 

Mr. Gibbons 

To amend the Caribbean 

Basin Economic Recovery 

Act to clarify certain rules 

of origin. 

November 19,1993. 

57. H.R. 2897 

Mr. Reynolds 

To suspend temporarily 

the duty on the personal 

effects of participants in, 

and certain other 

individuals associated 

with, the 1994 World Cup 

soccer games. 

October 25, 1993. 

58. H.R. 2907 

Mr. Whitten 

To revive and extend 

through December 31, 

1996, a temporary 

reduction of duty on 

certain disposable surgical 

gowns and drapes. 

March 14, 1994. 

59. H.R. 2920 

Mrs. Clayton 

To suspend until January 1, 1996, the duty on 

certain textile spinning 

machines. 

December 8, 1993. 

(See also S. 1289.) 

60. H.R. 2948 

Mrs. Johnson 

To suspend temporarily 

the duty on synthetic 

staple fibers containing 

84 percent or more by 

weight of vinyl chloride 

arid 14 percent or more by 

weight of vinyl acetate. 

March 14, 1994. 

61. H.R. 2965 

Mr. Levy 

To revive and extend until 

January 1, 1997, the 

suspension of duty on 

castor oil and its fractions. 

January 12, 1994. 

62. H.R. 3045 

Mr. Solomon 

To extend through 

December 31, 1995, the 

existing temporary 

suspension of the duty on 

diphenyldichlorosilane 

and phenyltrichlorosilane. 

March 15, 1994. 

63. H.R. 3047 

Mr. Andrews 

Relating to the tariff 

treatment of theatrical, 

ballet, and operatic 

scenery, properties, and 

sets. 

February 18,1994. 

64. H.R. 3052 

Mr. Santo rum 

To amend the Harmonized 

Tariff Schedule ofthe 

United States to correct 

the tariff treatment of 

certain nickel catalysts. 

February 18,1994. 

65. H.R. 3053 

Mr. Valentine 

To suspend until January 1,1997, the duty on 

keto ester. 

January 26,1994. 

(See also S. 1707.) 

66. H.R. 3054 

Mr. Valentine 

To revive and extend until 

January 1, 1996, the 

suspension of duty on 

norfloxacin. 

February 18, 1994. 

(See also S. 1481.) 

67. H.R. 3055 

Mr. Valentine 

To revive and extend until 

January 1, 1996, the 

suspension of duty on Tfa 

Lys Pro in free base and 

tosyl salt forms. 

January 26, 1994. 

(See also S. 1705.) 

68. H.R. 3104 

Mr. Mclnnis 

To suspend until January 1,1996, the duty on 

continuous oxidized 

polyacrylonitrile fiber 

tow. 

March 14,1994. 

69. H.R. 3148 

Mr. Emerson 

To extend the duty 

reduction on certain 

unwrought lead for a 

period of two years. 

April 20,1994. 

(See also S. 960.) 

70. H.R. 3151 

Mr. Hoekstra 

To revive and extend until 

January 1, 1997, the 

suspension of duty on 

bendiocarb. 

April 21, 1994. 

71. H.R. 3152 

Mr Hoekstra 

To suspend, until January 1,1997, the duty on 

N,N-dimethyl-N'-(3-

((methylamino)carbonyl)-

oxy)phenyl)methanimidamide monohydrochloride. 

April 20, 1994. 

(See also S. 509.) 

79 
72. H.R. 3174 

Mrs. MargoliesMezvinsky 

To suspend until January 1, 1997, the duty on 

finasteride and finasteride 

tablets. 

April 12, 1994. 

(See also S. 1753.) 

73. H.R. 3175 

Mrs. MargoliesMezvinsky 

To extend retroactively 

until January 1,1996, the 

prior suspension of duty 

on L-alanyl-L—proline, 

also known as Ala Pro. 

April 12,1994. 

74. H.R. 3176 

Mrs. MargoliesMezvinsky 

To extend retroactively 

until January 1, 1996, the 

prior suspension of duty 

on diflunisal. 

April 21, 1994. 

(See also S. 1754.) 

75. H.R. 3177 

Mrs. MargoliesMezvinsky 

To suspend until January 1,1997, the duty on 

levodopa. 

February 18, 1994. 

(See also S. 1482.) 

76. H.R. 3178 

Mrs. MargoliesMezvinsky 

To extend retroactively 

until January 1,1996, the 

prior suspension of duty 

on amiloride hydrochloride. 

June 21, 1994. 

77. H.R.319 8 

Mr. Kanjorski 

To suspend until January 1, 1997, the duty on 

[3R-alpho(R*),4-beta]]-

4-(acetyloxy)-3-[l-[[(l,l 

-dimethylethyl) dimethylsily] oxy]ethyl]-

2-azetidinone, also known 

as acetoxy azetidinone. 

April 12,1994. 

78. H.R. 3199 

Mr. Kanjorski 

To suspend until January 1, 1997, the duty on 

p-nitrobenzyl alcohol. 

April 21,1994. 

79. H.R.320 0 

Mr. Kanjorski 

To renew until January 1, 1996, the previous 

suspension of duty on 

2,2-dimefhylcyclopropylcarboxamide, also known 

as D-carboxamide. 

April 12,1994. 

80. H.R. 3202 

Mr. Moakley 

To suspend temporarily 

the duty on film of 

polymers of propylene. 

April 20, 1994. 

81. H.R. 3243 

Mr. Price 

To suspend temporarily 

the duties on sumatriptan 

succinate (bulk and 

dosage forms). 

March 14, 1994. 

(See also S. 1294.) 

82. H.R. 3279 

Mr. Valentine 

To suspend temporarily 

the duty on ranitidine 

hydrochloride (bulk and 

dosage forms). 

March 14,1994. 

(See also S. 1292.) 

83. H.R. 3280 

Mr. Valentine 

To suspend temporarily 

the duties on salmeterol 

xinafoate (bulk and 

dosage forms). 

March 14,1994. 

(See also S. 1290.) 

84. H.R. 3358 

Mr. Hobson 

To suspend until January 1, 1999, the duty on 

straining cloth of 

nonwoven, needletacked 

web composed of fibers 

made from polypropylene 

electret charged, 

fibrillated film, with or 

without scrim, such scrim 

being composed of spun 

bond fibers of 

poly-propylene. 

April 29, 1994. 

85. H.R. 3387 

Mr. Meehan 

To suspend temporarily 

the duty on Neurolite 

(complete dosage kits). 

April 12,1994. 

86. H.R. 3388 

Mr. Meehan 

To suspend temporarily 

the duty on Cardiolite 

(complete dosage kits). 

April 12, 1994. 

87. H.R.342 8 

Mr. Greenwood 

To suspend undl January 1,1997, the duty on 

certain chemicals. 

April 29,1994. 

(See also S. 1752.) 

88. H.R. 3448 

Mr. Dixon 

Relating to the tariff 

treatment of hand crafted 

stone figurines. 

April 20,1994. 

89. H.R. 3517 

Mr. Lancaster 

To suspend temporarily 

the duties on ondansetron 

hydrochloride (bulk and 

dosage forms). 

March 14,1994. 

(See also S. 1293.) 

90. H.R.351 8 

Mr. Lancaster 

To suspend temporarily 

the duties on cefuroxime 

axetil (bulk and dosage 

forms). 

March 14, 1994. 

(See also S. 1291.) 

91. H.R. 3522 

Mr. Coble 

To suspend until January 1, 1996, the duty on 

certain machinery. 

April 20,1994. 

92. H.R. 3541 

Mr. Neal 

To provide for the 

duty-free entry of 

methanol produced aboard 

United States vessels on 

the high seas or in foreign 

waters. 

April 29,1994. 

93. H.R. 3576 

Mr. Tauzin 

To clarify the tariff 

classification of certain 

organo-phosphorous 

compounds and 

preparations thereof. 

April 29, 1994. 

94. H.R. 3598 

Ms. Schenk 

To amend the south 

Pacific Tuna Act of 1988 

to provide for duty-free 

treatment of canned tuna 

imported into the United 

States that was caught by 

certain vessels and 

processed in certain 

facilities. 

May 12,1994. 

95. H.R. 3607 

Mr. Slattery 

To revive and extend until 

December 31, 1996, the 

suspension of duty on 

certain chemicals, and for 

other purposes. 

August 9,1994. 

80 
i. H.R. 3608 

Mr. Slavery 

To suspend temporarily 

the duty on certain 

chemicals. 

June 21,1994. 

'. H.R. 3638 

Ms. Eshoo 

To suspend temporarily 

the duty on mycophenlate 

mofetil. 

June 21,1994. 

I. H.R. 3644 

Mr. Grams 

To correct the tariff 

treatment of certain 

articles covered by the 

Nairobi Protocol. 

April 21, 1994. 

». H.R. 3848 

Mr. Coble 

To suspend until January 1, 1996, the duty on 

102. H.R. 3858 

Ms. Pryce 

To extend the suspension 

of duty on certain 

diamond tool and drill 

blanks, and for other 

purposes. 

June 3,1994. 

(See also S. 1323.) 

103. H.R. 3910 

Mr. Machtley 

To suspend temporarily 

the duty on certain 

pigments. 

June 21, 1994. 

104. H.R. 3938 

Mr. Jacobs 

To provide duty-free 

privileges to participants 

in, and other individuals 

associated with, the 

1994 World Rowing 

Championships. 

June 3,1994. 

certain machinery. 

June 3, 1994. 

)0. H.R. 3855 

Mr. Leach 

To suspend temporarily 

the duty on Halosulfuron-Methyl. 

July 21, 1994. 

)1.H.R. 3856 

Mrs. Meyers 

To suspend until January 1,1997 the duty on 

2-(4-chloro-2-methylphenoxy) propionic acid. 

June 21, 1994. 

(See also S. 1850.) 

105. H.R. 3995 

Mr. Coble 

To suspend temporarily 

the duty on 5-Chloro2-(2,4^dichlorophenoxy) 

phenol. 

July 21, 1994. 

(See also S. 1911.) 

106. H.R. 3996 

Mr. Crane 

To suspend for the period 

January 1, 1994, to 

April 30, 1994, the 

duty on frozen onions. 

June 21,1994. 

107. H.R. 4004 

Mr. Tanner 

A bill to suspend 

temporarily the duty on 

combination microwave 

convection ovens. 

July 25, 1994. 

108. H.R. 4016 

Mr. Crane 

To suspend temporarily 

the duty on octadecylisocyanate. 

July 21,1994. 

(See also H.R. 2486.) 

109. H.R. 4020 

Mr. Hoekstra 

To suspend temporarily 

the duty on ACM. 

August 9,1994. 

(See also S. 1922.) 

110. H.R. 4021 

Mr. Hoekstra 

To suspend temporarily 

the duty on amitraz. 

June 21, 1994. 

(See also S. 1921.) 

111. H.R. 4023 

Mr. Portman 

To extend until June 30, 

1995, the temporary 

suspension of duties on 

self-folding telescopic 

shaft collapsible 

umbrellas. 

June 21,1994. 

(See also S. 1322.) 

112. H.R. 4080 

Ms. Kaptur 

To suspend until January 1, 1998, the duty on 

di-pentaerythritol. 

July 25, 1994. 

113. H.R. 4098 

Mr. Montgomery 

To suspend through 

September 30,1995, the 

duty on certain textile 

manufacturing machinery. 

June 15, 1994. 

(See also S. 2011.) 

114. H.R. 4104 

Mr. Holden 

To suspend until January 1,1996, the duty on 

certain chemicals. 

June 21,1994. 

(See H.R. 2533.) 

115. H.R.435 5 

Mr. Gingrich 

To suspend until January 1,1998, the duty on 

fluvoxamine maleate. 

September 6, 1994. 

116. H.R. 4641 

Mr. Sundquist 

To restore the previous 

tariff treatment accorded 

to hand-cast string-drawn 

fishing nets. 

September 20,1994. 

Reports Submitted to 

the Senate on 

Proposed Legislation 

1. S . 640 

Mr. Bradley 

To suspend until January 1,1995, the duty on 

Malathion. 

October 27,1993. 

2. S . 699 

Mr. Johnston 

To extend certain existing 

temporary duty 

suspensions. 

December 3,1993. 

3. S . 955 

Mr. Danforth 

To suspend temporarily 

the duty on sulfathiazole. 

October 27,1993. 

4. S . 958 

Mr. Danforth 

To extend the temporary 

suspension of duty on 

0,0-dimethyl-S-[(4-

oxo-1,2,3-benzotriazin-3 

(4H)-yl)methyl] 

phosphorodithioate. 

October 29,1993. 

(See also H.R. 2045.) 

5. S . 964 

Mr. Danforth 

To suspend temporarily 

the duty on 

sulfamethazine. 

October 27,1993. 

81 
6. S . 1012 

Mr. Exon 

To suspend temporarily the duty on 3,4,4'-

trichlorocarbanilide. 

October 27,1993. 

(See also H.R. 2314.) 

7. S . 1043 

Mr. Glenn 

To extend until January 1, 1998, the existing 

suspension of duty on 

certain bicycle parts, and 

for other purposes. 

October 27, 1993. 

(See also H.R. 1098.) 

8. S . 1101 

Mr. Roth 

To suspend temporarily 

the duty on (+)Methyl 

p-[2 - hydroxy-3-(isopropylamino) propoxy] 

hydrocinnamate 

hydrochloride. 

October 27,1993. 

9. S.110 2 

Mr. Roth 

To suspend temporarily 

the duty on 3-(a-acetonylbenzyl)-4-hydroxycoumarin sodium salt. 

October 27,1993. 

10. S . 1104 

Mr. Roth 

To suspend temporarily 

the duty on Triphenylmethyl chloride, 

Imidazole Intermediate, 

1,3-Dihydroxyacetone, 

N-Chlorosuccinimide, 

Losartan (active), and 

COZAAR 

(Formulation). 

October 22,1993. 

11. S . 1152 

Mr. McConnell 

To suspend temporarily 

the duties on certain 

chemicals. 

December 3,1993. 

12. S . 1153 

Mr. Simon 

To suspend temporarily 

the duty on Tacrolimus in 

bulk or measured dose 

form subject to approval 

by the Food and Drug 

Administration. 

October 29, 1993. 

(See also H.R. 2279.) 

13. S . 1176 

Mr. Kohl 

To clarify the tariff 

classification of certain 

plastic flat goods. 

March 14, 1994. 

(See also H.R. 1748.) 

14. S . 1211 

Mr. Brown 

To extend the suspension 

of duties on certain glass 

fibers. 

October 29,1993. 

(See also H.R. 1851.) 

15. S . 1219 

Mr. Coats 

To extend the existing 

suspension of duty on 

chemical intermediate. 

October 22, 1993. 

16. S . 1237 

Mr. Chafee 

To extend the existing 

suspension of duty on 

stuffed dolls, certain toy 

figures, and the skins 

thereof. 

October 29,1993. 

(See also H.R. 2505.) 

17. S . 1238 

Mr. Chafee 

To extend the temporary 

suspension of the duty on 

1-chIoro-5-hexanone. 

October 29,1993. 

(See also H.R. 2280.) 

18. S . 1239 

Mr. Chafee 

To extend the temporary 

suspension of the duty on 

theobromine. 

October 29, 1993. 

(See also H.R. 2280.) 

19. S . 1240 

Mr. Chafee 

To extend the temporary 

suspension of the duty on 

lasamid. 

October 29,1993. 

(See also H.R. 2280.) 

20. S . 1241 

Mr. Chafee 

To extend the temporary 

suspension of the duty on 

N-acetylsulfanilyl 

chloride. 

October 29, 1993. 

(See also H.R. 2280.) 

21. S.124 2 

Mr. Chafee 

To extend the temporary 

suspension of the duty on 

4-chloro-2-nitroaniIine. 

October 29, 1993. 

(See also H.R. 2384.) 

22. S.124 3 

Mr. Chafee 

To extend the temporary 

suspension of the duty on 

chloramino base. 

October 29,1993. 

23. S.124 4 

Mr. Chafee 

To extend the temporary 

suspension of the duty on 

3.4- diaminophenetole 

dihydrogen sulfate. 

October 29,1993. 

24. S.124 6 

Mr. Chafee 

To extend the temporary 

suspension of the duty on 

2.5- dimethoxyacetanilide. 

October 29,1993. 

(See also H.R. 2281.) 

25. S.128 9 

Mr. Helms 

To suspend temporarily 

the duty on certain textile 

spinning machines. 

December 8, 1993. 

(See also H.R. 2920.) 

26. S.129 0 

Mr. Helms 

To suspend temporarily 

the duties on salmeterol 

xinafoate (bulk and 

dosage forms). 

October 29,1993. 

(See also H.R. 3280.) 

27. S.129 1 

Mr. Helms 

To suspend temporarily 

the duties on cefuroxime 

axetil (bulk and dosage 

forms). 

October 29, 1993. 

(See also H.R. 3518.) 

28. S.129 2 

Mr. Helms 

To suspend temporarily 

the duty on ranitidine 

hydrochloride (bulk and 

dosage forms). 

October 29, 1993. 

(See also H.R. 3279.) 

29. S . 1293 

Mr. Helms 

To suspend temporarily 

the duties on ondansetron 

hydrochloride (bulk and 

dosage forms). 

October 29,1993. 

(See also H.R. 3517.) 

30. S . 1294 

Mr. Helms 

To suspend temporarily 

the duties on sumatriptan 

succinate (bulk and 

dosage forms). 

October 29,1993. 

(See also H.R. 3243.) 

31. S.130 5 

Mr. D'Amato 

To clarify the tariff 

treatment of certain 

footwear. 

October 29, 1993. 
S . 1307 

Mr. D'Amato 

To correct the 

Harmonized Tariff 

Schedule of the United 

States as it applies to 

certain electric 

toothbrushes and parts 

thereof. 

February 18, 1994. 

(See also H.R. 1473.) 

S.1308 

Mr. Durenberger 

To suspend until January 1, 1995, the duty on 

certain machinery used to 

recycle mercury. 

February 18,1994. 

(See also H.R. 25JO.) 

S.131 6 

Mr. Kerrey 

To suspend temporarily 

the duty on tefluthrin. 

October 22,1993. 

(See also H.R. 2165 and 

S. 594.) 

S.132 1 

Mr. Glenn 

To extend the temporary 

suspension of duty on 

umbrella frames. 

October 22, 1993. 

(See also H.R. 1626.) 

S.132 2 

Mr. Glenn 

To extend the suspension 

of duty on certain 

collapsible umbrellas. 

December 3, 1993. 

(See also H.R. 4023.) 

42. 

S.132 3 43. S.139 1 

Mr. Glenn Mr. Thurmond 

To extend the suspension To suspend temporarily 

of duty on certain the duty on diazo-2,1, 

diamond tool and drill 4-sulfonic acid and its 

blanks, and for other salts. 

purposes. December 3,1993. 

December 3, 1993. (See also H.R. 2006.) 

(See also H.R. 3858.) 44. S.139 2 

S.138 5 Mr. Thurmond 

Mr. Thurmond To extend the temporary 

To suspend temporarily suspension of duty on 

the duty on polyamide tetraamino biphenyl. 

resin. October 29, 1993. 

October 29,1993. (See also H.R. 1427.) 

S.138 7 45. S.139 3 

Mr. Thurmond Mr. Thurmond 

To extend the temporary To suspend temporarily 

suspension of duty on the duty on Phospholan. 

2,6-HNA. December 3, 1993. 

October 29, 1993. (See also H.R. 2009.) 

S.138 8 46. S.139 4 

Mr. Thurmond Mr. Thurmond 

To suspend temporarily To suspend temporarily 

the duty on certain the duty on acet-pchemicals. anisidine. 

October 29, 1993. December 3, 1993. 

(See also H.R. 2007.) (See also H.R. 2005.) 

S.138 9 47. S.139 5 

Mr. Thurmond Mr. Kohl 

To suspend temporarily Relating to the tariff 

the duty on chloranil. treatment of certain 

December 3, 1993. plastic flat goods. 

(See also H.R. 2008.) March 14, 1994. 

S . 1390 (See also H.R. 1748.) 

Mr. Thurmond 48. S . 1433 

To suspend temporarily Mr. Bradley 

the duty on 2,4—dinitro- To suspend temporarily 

aniline. the duty on 5-(N,NDecember 3, 1993. dibenzylglycyl)-salicyl-

(See also H.R. 2011.) amide, 2-[N-benzyl-Ntert-butylamino]^T-hydroxy-3' -hydromethylacetophenone hydrochloride, flutamide, and 

loratadine. 

October 22, 1993. 

(See also H.R. 1590.) 

49. S.143 4 

Mr. Bradley 

To suspend temporarily 

the duty on certain 

chemicals. 

November 19, 1993. 

(See also H.R. 1745.) 

50. S.143 5 

Mr. Bradley 

To suspend temporarily 

the duty on certain 

chemicals. 

October 27, 1993. 

(See also H.R. 1070.) 

51. S.143 6 

Mr. Bradley 

To extend the suspension 

of duties on certain 

chemicals. 

October 27, 1993. 

(See also H.R. 1071.) 

52. S . 1481 

Mr. Lautenberg 

To extend the temporary 

suspension of duty on 

1 -ethy 1-6-fluorc— 1,4-dihydro-4-oxo-7-

(l-piperazinyl)-3-quinolinecarboxylic acid 

(norfloxacin). 

February 18,1994. 

(See also H.R. 3054.) 

53. S.148 2 

Mr. Lautenberg 

To suspend temporarily 

the duty on Levodopa. 

February 18,1994. 

(See also H.R. 3177.) 

54. S . 1483 

Mr. Lautenberg 

To extend the temporary 

suspension of duty on 

N-Amidino-3,5-diamino6-chloropyrazinecarboxamide monohydrochloride dihydrate. 

June 21, 1994. 

55. S . 1518 

Mr. Helms 

To suspend temporarily 

the duty on Diquat 

Dibromide. 

February 10, 1994. 

(See also H.R. 2162.) 

56. S . 1519 

Mr. Helms 

To suspend temporarily 

the duty on lambdacyhalothrin. 

February 10,1994. 

(See also S. 1739.) 

57. S . 1538 

Mr. Daschle 

To make a technical 

correction with respect to 

the temporary duty 

suspension for clomiphene 

citrate. 

February 18,1994. 

(See also H.R. 2362.) 

83 
58. S.170 5 

Mr. Wofford 

To extend temporarily the 

suspension of duty on 

TFA Lys Pro in free base 

and tosyl salt forms. 

March 14, 1994. 

(See also H.R. 3055.) 

59. S.170 6 

Mr. Wofford 

To suspend temporarily 

the duty on certain 

chemicals. 

March 15,1994. 

60. S . 1707 

Mr. Wofford 

To suspend temporarily 

the duty on keto ester. 

March 14, 1994. 

(See also H.R. 3053.) 

61. S.170 8 

Ms. Moseley-Braun 

To renew the previously 

existing suspension of 

duty on parts of aircraft 

generators. 

February 18, 1994. 

(See also H.R. 1849.) 

62. S.170 9 

Mr. Wofford 

To suspend temporarily 

the duty on mounted 

closed circuit television 

lenses. 

February 10, 1994. 

(See also H.R. 1074.) 

63. S . 1710 

Mr. Wofford 

To extend temporarily the 

suspension of duty on 

certain chemicals. 

February 10, 1994. 

(See also H.R. 1288.) 

64. S.1711 

Mr. Wofford 

To suspend temporarily 

the duty on certain 

chemicals. 

February 18, 1994. 

(See also H.R. 1287.) 

65. S . 1730 

Mr. Thurmond 

To suspend temporarily 

the duty on 3,4—Dimethylbenzaldehyde 

(3,4-DBAL). 

March 14, 1994. 

66. S . 1739 

Mr. Pryor 

To suspend temporarily 

the duty on lambdacyhalothrin. 

February 10,1994. 

(See also H.R. 2164 and 

S. 1519.) 

67. S . 1740 

Mr. Pryor 

To suspend temporarily 

the duty on Diquat 

Dibromide. 

February 10, 1994. 

(See also H.R. 2162 and 

S. 1518.) 

68. S . 1752 

Mr. Bradley 

Amending the 

Harmonized Tariff 

Schedule. 

April 29,1994. 

(See also H.R. 3428.) 

69. S . 1753 

Mr. Bradley 

Amending the 

Harmonized Tariff 

Schedule. 

April 12, 1994. 

(See also H.R. 3174.) 

70. S . 1754 

Mr. Bradley 

Regarding the suspension 

of duty on diflunisal. 

April 21,1994. 

(See also H.R. 3176.) 

71. S . 1837 

Mr. Riegle 

To suspend temporarily 

the duty on the personal 

effects of participants in, 

and certain other 

individuals associated 

with, the 1994 World Cup 

soccer games. 

June 3, 1994. 

(See also H.R. 2897.) 

7 2. S.185 0 

Mr. Danforth 

To suspend temporarily 

the duty on 2-{4-chloro2-methyl phenoxy) 

propionic acid. 

June 21, 1994. 

(See also H.R. 3856.) 

73. S . 1861 

Mr. Chafee 

To suspend temporarily 

the duty on certain 

pigments. 

June 21,1994. 

(See also H.R. 3910.) 

74. S.189 6 

Mr. D'Amato 

To suspend temporarily 

the duty on certain PVC 

rain slickers. 

June 21, 1994. 

75. S.1911 

Mr. Helms 

To suspend temporarily 

the duty on 5-Chloro2-(2,4-dichlorophenoxy) 

phenol. 

July 21, 1994. 

(See also H.R. 3995.) 

76. S . 1918 

. Mr. Roth 

To suspend temporarily 

the duty on crosscarmellose sodium. 

June 21, 1994. 

77. S . 1921 

Mr. Riegle 

To suspend temporarily 

the duty on amitraz. 

June 21, 1994. 

(See also H.R. 4021.) 

78. S.192 2 

Mr. Riegle 

To suspend temporarily 

the duty on ACM. 

August 9, 1994. 

(See also H.R. 4020.) 

79. S . 1931 

Mr. Lugar 

To provide duty-free 

privileges to participants 

in, the 1994 World 

Rowing Championships. 

June 21, 1994. 

(See also H.R. 3938.) 

80. S . 2011 

Mr. Cochran 

To suspend temporarily 

the duty on certain 

textile-manufacturing 

machinery. 

June 15, 1994. 

(See also H.R. 4098.) 

81. S.222 8 

Mr. Lott 

To suspend temporarily 

the duty on certain 

textile-manufacturing 

machinery. 

August 15, 1994. 

(See also S. 2011.) 

84 
APPENDIX E 

LITIGATION IN FISCAL YEAR 1994 

Litigation Completed 

Appeals Arising From 

Antidumping and 

Countervailing Duty 

Investigations 

Bando Chemical Industries, Ltd. and Bando American Inc. v. United States, 

Appeal No. 94-1011 (Court of 

Appeals for the Federal 

Circuit) 

The Court of Appeals for 

the Federal Circuit (Federal 

Circuit) upheld the Court of 

International Trade's (CIT's) 

affirmance after remand of the 

Commission's final affirmative 

determination in Industrial 

Belts from Israel, Italy, Japan, 

Singapore, South Korea, 

Taiwan, the United Kingdom, 

and West Germany, Investigations Nos. 731-TA-412-419 

(final), [see USITC publication 

2194 (May 1980)1- The CIT 

remanded the Commission's 

final affirmative antidumping 

determinations with respect to 

industrial belts from Italy and 

Japan for further explanation 

of views by one Commissioner. After that explanation was 

filed, the CIT affirmed the 

remand affirmative determination, upholding the Commissioner's practice of determining whether the industry is a 

vulnerable condition, as well 

as his conclusion that on the 

facts of record stated foreign 

producers' capacity was not a 

limit on production increases. 

The Federal Circuit affirmed 

without opinion. 

Chung Ling Co., Ltd; 

Suppertex Knitting Co., Ltd; 

Bay Flower Knitting Co., Ltd; 

Bonanza Industries Co., Ltd; 

New Northern Knitting Co., 

Ltd; Oriental Knitting Co., 

Ltd; Chung Tai Industrial Co., 

Ltd; Modem Knitting Mills, 

Inc., Taih Yung Enterprise Co., 

Ltd; and Chen HWA Knitting 

Factory, et al. v. U.S. International Trade Commission, 

Appeal No. 94-1028 (Court of 

Appeals for the Federal 

Circuit) 

The CIT remanded the 

Commission's original affirmative determination in 

Sweaters Wholly or in Chief 

Weight of Manmade Fibers 

from Hong Kong, the Republic 

of Korea, and Taiwan, Investigations Nos. 731-TA-^148-

450 (final), [see USITC publication 2312 (Sept. 1990)]. It 

held that the Commission's 

determination was not supported by substantial evidence 

because of an unresolved ambiguity in pricing information 

on which the Commission 

placed critical reliance and 

that the Commission had 

inadequately resolved issues 

concerning alleged interference with the investigation. 

On remand, the Commission 

reached a negative determination, which the CIT affirmed. 

While defendant-intervenor 

below challenged the CIT's 

original remand on appeal to 

the Federal Circuit, the Commission acknowledged the 

propriety of the CIT's remand 

concerning pricing data. The 

Federal Circuit issued a notice 

of judgment without opinion 

affirming the CIT. 

Connecticut Steel Corporation, Co-Steel Raritan, 

Georgetown Steel Corporation, Keystone Steel Corporation & Wire Company, and 

North Star Steel Texas, Inc., 

Court No. 93-07-00382 

(Court of International Trade) 

The CIT affirmed the 

Commission's preliminary 

negative injury determination 

in Certain Steel Wire Rod 

From Trinidad & Tobago, 

Investigation No. 731-TA-649 

(preliminary), [see USITC 

publication 2647 (June 1993)]. 

The CIT emphasized that the 

Commission could conclude 

on the basis of the record as a 

whole that clear and convincing evidence supported a 

preliminary negative determination without each piece of 

evidence being clear and 

convincing. 

In the Matter of Pure 

Magnesium and Alloy 

Magnesium from Canada, 

Secretariat File Nos. 

USA-92-1904-05/06 (U.S.-

Canada Binational Panel) 

A panel convened under 

chapter 19 of the U.S.-Canada 

Free-Trade Agreement remanded the Commission's final 

affirmative determination, 

which was based on a finding 

of one like product, in Pure 

Magnesium and Alloy Magnesium from Canada, Investigations Nos. 701-TA-309 (final) 

and 731-TA-528 (final), [see 

USITC publication 2550 (Aug. 

1992)]. On remand, the Commission found two like products (pure and alloy magnesium) and reached affirmative 

determinations on each like 

product [see USITC publication 2696 (Nov. 1993)], and 

the panel affirmed. 

R-M Industries v. United 

States, Court No. 93-03-

00184 (Court of International 

Trade) 

In this appeal of the Commission's final negative determination in Sulfanilic Acid 

from the Republic of Hungary, 

Investigation No. 731-TA-560 

(final), [see USITC publication 

2603 (Feb. 1993)], the CIT 

remanded for further explanation of various Commissioners' views, particularly requesting their view of whether 

cumulation of imports recently 

subject to investigations that 

led to orders under title VII 

was an exercise of discretion 

or subject to the mandatory 

cumulation provision. The 

85 
Commission reached the same 

result after remand, stating, 

inter alia, that such "recent 

order" cumulation was discretionary, and, plaintiff not 

opposing the remand determination, the CIT affirmed the 

Commission's determination 

on remand without an opinion. 

SAARSTAHLAGv. United 

States, Court No. 93-04-

00219S (Court of International 

Trade) 

The CIT affirmed the 

Commission's final affirmative 

determination in Certain 

Hot-Rolled Lead and Bismuth 

Carbon Steel Products from 

Brazil, France, Germany, and 

the United Kingdom, Investigations Nos. 731-TA-552-

555 (final) and 701-TA-314-

317 (final), [see USITC publication 2611 (Mar. 1993)]. The 

CIT held, inter alia, that the 

Commission acted properly in 

considering the effect of subject imports on the domestic 

industry's ability to raise 

capital and make investments 

over the investigative period. 

Appeals Arising From 

Investigations Under 

Section 337 of the Tariff 

Act of 1930 

No section 337 cases on 

appeal were decided in FY 

1994. 

Litigation Terminated 

In addition to the cases 

discussed above, a number of 

cases were terminated during 

FY 1994 without final substantive decisions on the merits, 

including by court dismissal, 

voluntary dismissal by the 

plaintiff, or failure by the 

plaintiff to file a complaint 

after the service of a summons. Those cases are listed 

below. 

Avesta Sheffield, Inc., 

Bristol Metals, Inc. DamascusBishop Tube Co., Trent Tube 

Division of Crucible Materials 

Corporation, and the United 

Steelworkers of America v. The 

United States, Court No. 

94-04-00228 (Court of International Trade) (voluntary 

dismissal) 

Plaintiffs appealed the 

Commission's final negative 

determination in Welded 

Stainless Steel Pipe from 

Malaysia, Investigation No. 

73 l-TA-644 (final), 

[see USITC publication 2744 

(1993)]. 

Ad Hoc Committee of 

Domestic Uranium Producers 

and the Oil, Chemical and 

Atomic Workers International 

Union v. United States, Court 

No. 93-10-00665 (Court of 

International Trade) (voluntary dismissal) 

The summons in this case 

challenged the Commission's 

final negative determination 

with respect to highly enriched 

uranium in Uranium from 

Ukraine, Investigation No. 

731-TA-539-E (final), [see 

USITC publication 2669 (Aug. 

1993)]. 

Altos Hornos de Mexico, 

S.A. de CV. v. United States, 

Court No. 93-09-00626 

(Court of International Trade) 

(dismissal for lack of prosecution) 

Plaintiff failed to file a 

complaint perfecting its appeal 

of the affirmative determination in Certain Flat-Rolled 

Carbon Steel Products from 

Mexico (cut-to-lengfh plate), 

Investigation No. 731-TA-582 

(final), [see USITC publication 

2664 (Aug. 1993)]. 

Co-Steel Raritan, Connecticut Steel Corp., 

Georgetown Steel, Keystone 

Steel & Wire Co., North Star 

Steel Texas, Inc. & Northwestern Steel & Wire Co. v. United 

States, Court No. 94-05-

00263 (Court of International 

Trade) (voluntary dismissal) 

This action appealed the 

Commission's final negative 

determination in Certain Steel 

Wire Rod from Germany, 

Investigation No. 731-TA-687 

(preliminary), [see USITC 

publication 2760 (Mar. 1994)]. 

Echjay Forgings Private 

Limited v. United States, Court 

No. 94-03-00157 (Court of 

International Trade) (voluntary dismissal) 

This action challenged the 

Commission's final affirmative 

determination in Certain 

Stainless Steel Flanges from 

India and Taiwan, Investigations Nos. 73 l-TA-639 and 

640 (final), [see USITC publication 2724 (Feb. 1994)]. 

Fried. Krupp AG HoeschKrupp, Krupp Hoesch Stahl 

AG and Krupp Steel Products, 

Inc. v. The United States, 

Court No. 93-09-00604 

(Court of International Trade) 

(dismissal for lack of prosecution) 

Plaintiffs failed to file a 

complaint perfecting their 

appeal of the affirmative 

determination in Certain 

Flat-Rolled Carbon Steel 

Products from Germany 

(corrosion-resistant), Investigation No. 731-TA-616 

(final), [see USITC publication 

2664 (Aug. 1993)]. 

Lehigh Portland Cement 

Company v. United States, 

Court No. 94-06-00343 

(Court of International Trade) 

(voluntary dismissal) 

This action appealed the 

Commission's final negative 

determination in Calcium 

Aluminate Cement and Cement 

Clinker from France, Investigation No. 731-TA-645 

(final), [see USITC publication 

2772 (May 1994)]. 

MiniFIBERS, Inc. v. 

United States International 

Trade Commission, Case No. 

2.-94-CV-I81 (U.S. District 

Court, Eastern District of 

Tennessee); CA No. 94-5688 

(U.S. Court of Appeals for the 

Sixth Circuit) (appeal in action 

to quash administrative subpoena terminated after voluntary compliance) 

Plaintiff's motion to quash 

seeking a response to the 

Commission's questionnaire in 

Aramid Fiber Formed of Poly 

Para-Phenylene Terephthalamidefrom the Netherlands, 

Investigation No. 731-TA-652 

(final), [see USITC publication 

2783 (June 1994)], was dismissed, and plaintiff's appeal 

to the Court of Appeals for the 

Sixth Circuit contested that 

dismissal. 

Rubberflex Sdn. Bhd., 

Heveafil Sdn. Bhd., Filmax 

Sdn. Bhd., Rubfil Sdn. Bhd., 

86 
Filati Lastex Eslatofibre v. 

United States International 

Trade Commission, Court No. 

92-11-00741S (Court of 

International Trade) (voluntary dismissal) 

This suit appealed the 

Commission's final affirmative 

determination in Extruded 

Rubber Thread from Malaysia, 

Investigation No. 731-TA-527 

(final), [see USITC publication 

2559 (Sept. 1992)]. 

Sandoz Chemicals Corporation v. The United States, 

The United States Department 

Of Commerce, and the United 

States International Trade 

Commission, Court No. 

93-03-00178 (Court of International Trade) (voluntary 

dismissal) 

After plaintiff's motion 

for immediate remand of the 

Commission's final negative 

injury determinations in Sulfur 

Dyes from China, Hong Kong, 

India, and the United Kingdom, Investigations Nos. 

731-TA-548-551 (final), [see 

USITC publication 2602 (Feb. 

1993)] was denied, the CIT 

granted a Stipulation of Dismissal. 

Seagate Technology, Inc. 

v. United States International 

Trade Commission, Appeal No. 

94-1124 (Court of Appeals for 

the Federal Circuit) (dismissal 

for lack of jurisdiction) 

The Federal Circuit 

granted the Commission's 

motion to dismiss as premature 

this appeal from the Commission's summary determinations 

on jurisdiction in Certain 

Sputtered Carbon Coated 

Computer Disks and Products 

Containing Same, Including 

Disk Drives, Investigation No. 

337-TA-350, [see USITC 

publication 2701 (Nov. 1993)]. 

SGS Thomson v. United 

States International Trade 

Commission, Appeals Nos. 

93-1438, -1522, -1523, and 

-1549 (Court of Appeals for 

the Federal Circuit) (voluntary 

dismissal following settlement) 

The consolidated appeals 

challenged the Commission's 

determinations in Certain 

Integrated Circuit Telecommunication Chips and Products 

Containing Same, Including 

Dialing Apparatus, Investigation No. 337-TA-337, [see 

USITC publication 2670 (Aug. 

1993)]. 

Smith Corona Corporation, Smith Corona (PTE) Ltd. 

v. United States and the United 

States International Trade 

Commission, Court No. 

93-11-00752 (Court of International Trade) (voluntary 

dismissal following settlement 

between the private parties) 

This appeal challenged the 

Commission's final affirmative 

determination in Portable 

Electric Typewriters from 

Singapore, Investigation No. 

731-TA-515 (final), [see 

USITC publication 2681 (Sept. 

1993)]. 

Texas Instruments Incorporated v. United States International Trade Commission, 

Appeal No. 93-1529 (Court of 

Appeals for the Federal Circuit) (voluntary dismissal) 

This action challenged 

aspects of the Commission's 

determination in Certain 

Plastic Encapsulated Integrated Circuits, Investigation 

No. 337-TA-315, [see USITC 

publication 2574 (Nov. 1992)]. 

United States International Trade Commission v. MiniFIBERS, Inc., Misc. No. 

94-159 (U.S. District Court 

for the District of Columbia); 

and Court No. 94-5144 (U.S. 

Court of Appeals for the District of Columbia) (subpoena 

enforcement action terminated 

after voluntary compliance) 

The Commission brought 

this action to enforce an administrative subpoena to 

obtain a response to the Commission's questionnaire in 

Aramid Fiber Formed of Poly 

Para-Phenylene Terephthalamide from the Netherlands, 

Investigation No. 731-TA-652 

(final), [see USITC publication 

2783 (June 1994)]. 

Wire Rope Importers 

Association v. United States, 

Appeal No. 94-1010 (Court of 

Appeals for the Federal Circuit) (dismissal for lack of 

prosecution) 

The Federal Circuit dismissed this appeal by the Wire 

Rope Importers Association of 

the CIT's dismissal as untimely filed of its complaint challenging the Commission's 

final affirmative determination 

in Steel Wire Rope from Korea 

and Mexico, Investigations 

Nos. 731-TA-546 and 547 

(final), [see USITC publication 

2613 (Mar. 1993)] after appellant failed to file a brief. 

Litigation Pending at 

the End of Fiscal Year 

1994 

Cases arising from 

antidumping and 

countervailing duty 

investigations1 24 

Cases arising from 

section 337 

determinations 6 

Other litigation 1 

Total 31 

1

 All cases filed by different 

parties that have been consolidated by the court are 

counted only as a single piece 

of litigation. Thus, the actual 

number of complaints filed is 

greater than the number given 

above. In this year, for 

instance, 31 complaints in the 

CIT challenging various 

Commission determinations 

concerning flat-rolled carbon 

steel products were 

consolidated into four cases. 

By comparison, at the end 

of FY 1993, there were 47 

pending cases arising from 

antidumping and countervailing duty investigations, three 

arising from section 337 determinations, and three arising 

from other subjects, for a total 

of 53. 

87 
Commission and Executive Staff as of September 30,1994 

The Commission The Executive Staff 

Peter S. Watson, Chairman 

Janet A. Nuzum, Vice Chairman 

David B. Rohr 

Don E. Newquist 

Carol T. Crawford 

Lynn M. Bragg 

Office of the Secretary 

Secretary 

Office of Public Affairs 

Director 

Office of the Administrative Law Judge s 

Chief Administrative Law Judge 

Office of Executive and international Liaison 

Director 

Office of Congressional Liaison 

Director 

Office of the General Counse l 

General Counsel 

Office of Inspector General 

Inspector General 

Office of Operations 

Director 

Office of Economic s 

Director 

Office of Industries 

Director 

Office of Investigations 

Director 

Donna R. Koehnke 

Margaret M. O'Laughlin 

Janet D. Saxon 

William T. Hart 

Jeffrey M. Menath 

Lyn M. Schlitt 

Jane E. Altenhofen 

Robert A. Rogowsky 

Peter G. Morici 

Vern Simpson 

Lynn Featherstone 

Office of Tariff Affairs and Trade Agreements 

Director Eugene A. Rosengarden 

Office of Unfair Import Investigations 

Director 

Trade Remedy Assistanc e Office 

Director 

Office of Information Service s 

Director 

Library Service s 

Acting Chief 

Office of Administration 

Director 

Office of Finance and Budget 

Director 

Office of Management Service s 

Director 

Office of Personnel 

Director 

Equal Employment Opportunity 

Director 

Lynn I . Levine 

Elizabeth M. Seltzer 

Martin F. Smith 

Elizabeth A. Root 

Lorin L. Goodrich 

Queen E. Cox 

David E. Spencer 

Micheal J. Hillier 

Jacqueline Waters