United States International 1rade Commission 

Annual Report 

UNITED STATES INTERNATIONAL 

TRADE COMMISSION 

ANNUAL REPORT 

1990 

UNITED STATES 

INTERNATIONAL 

TRADE COMMISSION 

Commissioners: 

Anne E. Brunsdale, Vice Chairman and Acting Chairman 

Seeley G. Lodwick 

David B. Rohr 

Don E. Newquist 
Address all communications to: 

United States International Trade Commission 

500 E Street, SW. 

Washington, DC 20436 

USITC Publication 2354 
CONTENTS 

The Commission..................................................................................... 4 

Summary of Investigations Completed.................................................. 4 

Message From the Office of the Chairman............................................ 5 

The Commissioners................................................................................ 6 

Introduction............................................................................................ 8 

Part I. Highlights . ...... ... .. . ..... ... .. . .. .. . . . .. ..... ....... .. ..... ... .. ... .... .. . . . .. . ...... ...... 9 

Investigations Under Section 337 of the Tariff Act of 1930 ............. 9 

Investigations Under Title VII of the Tariff Act of 1930 .................. 9 

Investigations Under the Trade Act of 1974 ..................................... 10 

Investigations Under the Agricultural Adjustment Act of 1933 ........ l 0 

Investigations Under Section 332 of the Tariff Act of 1930 ............. 10 

Studies Relating to Probable Effects Advice for the 

Uruguay Round of Multilateral Trade Negotiations................... 10 

Studies Analyzing Various Aspects of U.S. Free-Trade 

Agreements and Other Special Trade Programs ... .. .... ...... ......... I 0 

Studies Analyzing the Competitiveness of U.S. Industry............... 12 

Studies on Special Areas of Congressional Interest....................... 13 

Part II. Organizational Activities............................................................ 18 

Office of Operations ...... .. ........ .. . . . . .. . ...... ......... ..... ... . .. ....... .... ............. 18 

Office of Investigations................................................................... 18 

Office of Industries.......................................................................... 19 

Office of Economics . ... .. .. ... .. ...... ....... ...... ... .. .... ..... ....... .. .. .......... ..... 21 

Office of Tariff Affairs and Trade Agreements.............................. 23 

Office of Unfair Import Investigations ........................................... 24 

Trade Remedy Assistance Office .................................................... 25 

Office of Administration . .. ............ ......... ..... ... .... ..... ..... .... .... ..... ....... ... 26 

Office of the Administrative Law Judges............................................ 27 

Office of Congressional Liaison ......................................................... 27 

Office of Inspector General ..... ....... ..... .. ... . ............. ..... .......... .... .... ..... 28 

Office of the Secretary ...... ....... ..... ......... .... .......... ........ .... .... ... .. .... ...... 28 

Office of Executive and International Liaison.................................... 29 

Office of the General Counsel............................................................ 29 

Office of Public Affairs........................................................................ 30 

Part III. Management and Finance......................................................... 31 

Figures 

1. Summary of Principal Activities, Fiscal Year 1990 ....... ................. 33 

2. Commission Organization and Functions ............... ~..................... 34 

3. Statutory Timetables for Antidumping and Countervailing 

Duty Investigations..................................................................... 36 

Appendixes 

A. Summary of Investigations Completed During Fiscal 

Year 1990 and Pending on September 30, 1990...................... 37 

B. Statutes Involving the U.S. International Trade Commission ..... 54 

C. Reports Submitted to Congress on Proposed Legislation, 

Fiscal Year 1990......................................................................... 58 

D. Litigation in Fiscal Year 1990 ....................................................... 68 
THE COMMISSION 

The United States International Trade Commission is a 

quasi-judicial, independent, and 

bipartisan agency established by 

Congress with broad investigative 

powers on matters of trade. In its 

adjudicative role, the Commission 

makes determinations of injury 

and threat of injury by imports to 

U.S. industry. As the Government's think tank on trade, the 

Commission is a national resource that gathers and analyzes 

trade data. That information is 

provided to the President and 

Congress as part of the information on which U.S. trade policy is 

based. 

Commission activities include-

• Making recommendations to the President regarding 

relief for industries seriously injured by increasing imports; 

4 

• Determining whether 

U.S. industries are materially injured by imports that benefit 

from pricing below fair value or 

subsidization; 

• Directing actions, subject 

to Presidential disapproval, 

against unfair trade practices such 

as patent infringement; 

• Advising the President 

whether agricultural imports 

interfere with price-support programs of the U.S. Department of 

Agriculture; 

• Conducting studies on 

trade and tariff issues and monitoring import levels; 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. 
MESSAGE FROM THE 

OFFICE OF THE CHAIRMAN 

Each year the U.S. International Trade Commission is called 

upon to perform its various functions in new and more challenging ways. Fiscal year 1990 was no 

exception. On the adjudicative 

side, while our caseload was at its 

lowest level in years, the Commission decided some of the largest 

and most complicated cases that 

have ever appeared on its docket. 

On the research side, the Commission completed studies for 

Congress and the U.S. Trade 

Representative (USTR) on topics 

not previously addressed by this 

agency. 

The Commission is perhaps 

best known as the agency that determines whether a domestic industry is materially injured or 

threatened with material injury by 

dumped or subsidized imports. 

This past year, we considered 

several cases of particular economic and legal significance. In 

Sweaters, Telephone Systems, and 

Portland Cement, the Commission 

rendered affirmative determinations covering $900 million, $400 

million, and $200 million worth 

of imports respectively. In Steel 

Rails and Pork, the Commission 

participated in the first appeals of 

its decisions to a binational panel 

established under the U.S.-

Canada Free-Trade Agreement. 

Finally, the Commission heard 

the first cases in which petitioners, assisted by our newTrade 

Remedy Assistance Office, presented their cases without legal 

counsel. 

Investigations of unfair 

import practices under section 

337 of the Tariff Act also presented new challenges involving, for 

example, pharmaceuticals and a 

variety of integrated-circuit technologies. In addition, the Commission issued its first decision, 

subsequently upheld by the court 

of appeals, establishing the 

proper grounds for issuing a temporary exclusion order under the 

1988 Omnibus Trade Act. 

U.S. trade relations changed 

more in FY 1990 than in any 

single year in a generation. The 

Uruguay Round negotiations held 

discussions in areas like services, 

agriculture, and foreign investment that have not previously 

been addressed in a trade context. The U.S.-Canada Free-Trade 

Agreement took effectjanuary 1, 

1989-and 21 months later President Bush announced his intention to negotiate a free-trade 

agreement with Mexico. The fall 

of the Berlin Wall, heralding the 

eventual integration of Eastern 

Europe into the multilateral trading system, came on the heels of 

the ongoing integration of the 

European Community under the 

EC '92 program. Each of these 

events brought the Commission's 

expertise in economic and trade 

analysis to bear. 

At the request of the USTR, 

the Commission conducted several studies in support of the Uruguay Round. A report on the barriers to trade in services provided 

background information for negotiations in that important sectorand prompted the Office of Industnes to establish a division devoted to services and advanced 

technology. In agriculture, the 

Commission estimated the tariff 

equivalents of U.S. agricultural 

import quotas. In a related 

matter, at the request of the 

Senate Finance Committee, the 

Commission estimated the economic impact on the U.S. economy of significant U.S. import restraints. 

In the field of bilateral relations, the Commission studied the 

liberalization effort in Mexico and 

the views of experts on a U.S.-

Mexico free-trade agreement. We 

also reported on the effects of accelerated tariff reductions under 

the U.S.-Canada agreement. And 

the ongoing evaluation of the 

impact of the EC '92 program on 

U.S. industry resulted in two wellreceived followup reports to the 

Commission's initial 1988 study. 

In addition to its foray into 

important new areas of research, 

the Commission this past year 

began two innovations in its research capability. First, the Office 

of Economics made great strides 

in developing a computable general equilibrium model of the 

U.S. economy. This model will 

enabfe the Commission to evaluate in a comprehensive fashion 

the effects of changes in trade relations on various sectors of the 

U.S. economy. Our research staff 

will use the model in the final 

phase of the import restraints 

study in 1991, and interest is now 

being expressed in the Commission's applying the model to 

evaluate any agreements reached 

during current and future trade 

negotiations. 

Second, the Commission's 

staff has revived the long-dormant idea of staff reports on 

topics of current interest. Last 

year, the Offices of Economics 

and the General Counsel prepared staff reports analyzing the 

prospects for enhanced U.S. trade 

with the Soviet Union and Eastern Europe from a legal, economic, and commercial perspective. 

These studies made timely and 

substantial contributions in this 

little-explored area. 

As the Commission begins its 

75th year, we can look back on 

the past year as a time of tremendous change and promise in the 

trade arena. The Commission met 

this test with a renewed commitment to professionalism, efficiency, and skill. We look forward 

with great anticipation to the 

challenges ahead. 

Anne E. Brunsdale 

Acting Chairman 

5 
THE 

COMMISSIONERS 

The six Commissioners are 

appointed by the President and 

are confirmed by the Senate for 

terms of nine years unless appointed to fill an unexpired 'term. 

A Commissioner who has served 

for more than five years is not eligible for reappointment. Not 

more than three Commissioners 

may be members of the same political party. The Chairman is designated by the President and 

serves 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. 

There are currently two vacancies on the Commission. 

6 

Anne E. Brunsdale, a Republican 

of the District of Columbia, was 

appointed Vice Chairman by 

President Bush onJune 16, 1990, 

for the term expiring June 16, 

1992. Since then, she has served 

as Acting Chairman in the absence of an appointed Chairman. 

Previously, she had been appointed Chairman by President Bush 

on March 28, 1989, for the term 

expiringJune 16, 1990. Before 

that she had served as Acting 

Chairman beginning June 27, 

1988, and as Vice Chairman beginning June 16, 1986. A native 

of Minnesota, Ms. Brunsdale 

became a member of the Commission onJanuary 3, 1986, for 

the term expiring June 16, 1993. 

She came to the Commission 

from the American Enterprise Institute for Public Policy Research, 

Washington, DC, where she was 

serving as resident fellow of the 

Institute and managing editor of 

its bimonthly magazine, Regulation. 
Seeley G. Lodwick, a Republican 

of Iowa, was sworn in as a 

member of the Commission on 

August 12, 1983, for a term expiring December 16, 1991. A 

native of Iowa, Mr. Lodwick came 

to the Commission from the U.S. 

Department of Agriculture, where 

he served as Undersecretary of 

Agriculture for International Affairs and Commodity Programs 

from 1981 to 1983. He is a 

former Iowa State senator ( 1962-

69) and was elected president pro 

tempore from 1968 to 1969. Mr. 

Lodwick maintains active fanning 

interests in his home State. 

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. Before his appointment to the Commission, 

Mr. Rohr was a staff director of 

the Subcommittee on Trade, 

Committee on Ways and Means, 

U.S. House of Representatives. 

He was a trade advisor and was 

principal liaison with the Commission, the Office of the United 

States Trade Representative 

(USTR), 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 Commerce in 1961 as 

an international economist. 

Don E. Newquist, a Democrat of 

Texas, was appointed to an 

unexpired term on October 18, 

1988, and reappointed to a nineyear term ending December 16, 

1997. Prior to his appointment, 

Mr. Newquist was with Valero 

Energy Corp. 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 past president of the South 

Texas Chamber of Commerce. 

7 
INTRODUCTION 

As a new decade unfolds, the 

role of the U.S. International 

Trade Commission in the important trade issues of the nineties is 

readily apparent and is growing 

in scope and complexity. Many 

questions with far-reaching consequences were addressed this year 

and will continue to require the 

attention of the Commission in 

years to come. 

Mirroring the fast pace of 

events in 1990, the Commission 

was called on to perform a variety 

of tasks, ranging from analyzing 

the effect on the United States of 

granting most-favored-nation 

status to the Soviet Union to investigating the status of the liberalization of Mexican trade and investment. In addition, activities in 

support of the conclusion of the 

Uruguay Round and ongoing 

work concerning the effects of 

greater European economic integration continued to demand a 

large share of Commission resources. Several investigations focusing on competitiveness issues 

were completed, including studies 

on gears, steel, and durum wheat. 

Recently, the Commission was 

asked by the Senate Finance 

Committee to begin a multiphase 

investigation on advanced-technology industries. 

In its adjudicative role, the 

Commission decided its first case 

establishing the grounds for 

granting a temporary exclusion 

order in a section 337 case under 

the Trade and Competitiveness 

Act of 1988. The Commission received its first remand from a 

United States-Canada binational 

panel established to hear appeals 

from Commission decisions and 

also decided the first case in 

which a petitioning company, assisted by the Commission's Trade 

Remedy Assistance Office, represented itself without legal counsel. 

8 

On the administrative side, 

the Commission established the 

Services and Electronic T echnology Division within the Office of 

Industries, reflecting the increased importance of these 

topics in trade negotiations. To 

improve delivery of services to all 

parts of the Commission, the 

Main Library and the Office of 

Information Resources Management (formerly the Office of Data 

Systems) were transferred from 

the Office of Operations to the 

Office of Administration. 

After completing her term as 

Chairman onjune 16, 1990, 

Anne E. Brunsdale was named 

Vice Chairman. In the absence of 

an appointed Chairman, she is 

serving as Acting Chairman of the 

Commission. With the departure 

of two Commissioners last 

summer, the fiscal year ended 

with four sitting Commissioners. 
PART L HIGHLIGHTS 

INVESTIGATIONS 

UNDER SECTION 337 

OF THE TARIFF ACT 

OF 1930 

Under section 337 of the 

Tariff Act of 1930, the Commission conducts investigations into 

alleged unfair practices in import 

trade. Most complaints filed 

under this provision involve allegations of patent, copyright, or 

trademark infringement. Other 

investigations include such matters as alleged misappropriation 

of trade secrets, violations of the 

antitrust laws, passing off, and 

false advertising. A more detailed 

explanation of section 337 of the 

Tariff Act of 1930 is set forth in 

appendix B. 

During FY 1990, the Commission was confronted with a 

varied group of patent-based section 337 investigations, as well as 

investigations involving trade secrets and trademarks. A significant number of investigations involved allegations that respondents were using complainants' 

patented processes abroad to 

produce products that respondents imported into the United 

States. These process patent investigations included a variety of 

end products such as chemotherapy drugs, nonwoven fabric for 

disposable diapers and other personal hygiene products, devices 

for measuring the pressure of 

fluids in pipes and vessels, and 

polymer geogrids for use in heavy 

construction projects. 

Two of the Commission's 

section 337 investigations included allegations that respondents' 

products infringed U.S. patents 

covering the overall appearance 

or design of a product. These investigations involved certain bathroom accessories and certain battery-operated ride-on toy vehicles. Two other investigations revolved around allegations that respondents had misappropriated 

the complainant's trade secrets 

and were using the trade secrets 

in manufacturing operations 

abroad to produce goods imported into the United States. The 

products involved were aramid 

fiber honeycomb, which is a lightweight, high-strength structural 

material used in industrial, aerospace, marine, military, and recreational applications, and internal 

mixing devices, which are most 

commonly used for the breakdown or incorporation of pigments and fillers into rubber and 

plastic materials. 

In FY 1990, as in previous 

years, the Commission's section 

33 7 caseload was highlighted by 

investigations involving several 

high-technology product areas. 

Significant among these were investigations concerning semiconductor products, including dynamic random-access memories; 

static random-access memories; 

erasable, programmable read-only 

memories, and other integrated 

circuits. Other investigations focused upon complex industrial 

machinery and organic chemicals. 

In FY 1990, for the first time, 

the Commission ruled, after a full 

hearing, that a complainant had 

violated the duty of candor owed 

to the Commission in filing its 

section 33 7 complaint. As a 

result, the Commission dismissed 

the complaint, terminated the investigation with prejudice, and 

issued a public reprimand. 

INVESTIGATIONS 

UNDER TITLE VII OF 

THE TARIFF ACT 

OF 1930 

In FY 1990, title VII petitions were filed with the Commission on a diverse group of products, including cement (from 

Japan), two chemical products 

(benzyl paraben and sodium 

sulfur compounds), 

electromechanical digital 

counters, flat-panel displays, 

heavy forged handtools, 

multiangle laser: light-scattering 

instruments, phototypesetting machines, plastic tubing corrugators, 

polyethylene film, pressure-sensitive PVC battery covers, salmon, 

and sparklers. The Commission 

also finished work on a number 

of other cases that had been filed 

during FY 1989. These included 

cement (from Mexico), industrial 

nitrocellulose, limousines, residential door locks, steel pails, and 

sweaters. Japan was the country 

most often cited in the investigations, being named in five. It was 

followed by the Federal Republic 

of Germany and the People's Republic of China, with three each. 

The value of imported products at issue in several of these 

investigations was quite large. For 

9 
example, imports subject to the 

sweaters investigations totaled 

more than $900 million in 1989 

and imports subject to the cement 

investigations totaled nearly $200 

million. At the other extreme, imports totaled less than $5 million 

in some cases. Irrespective of the 

volumes involved, the Commission collected and analyzed extensive information on the U.S. 

market in each investigation, obtaining such information both directly from market participants 

(producers, importers, and purchasers) and from submissions by 

parties to the investigations. 

INVESTIGATIONS 

UNDER THE TRADE 

ACT OF 1974 

The Commission conducted 

one escape clause investigation 

during the year, on cameras. In 

that case the Commission determined, by a unanimous vote of 4 

to 0, that increased imports of the 

subject cameras were not a substantial cause of serious injury to 

the domestic camera industry. 

.•. the investigative '' staff 

represents the public 

interest rather than 

the private interests 

of a complainant 

or respondent. 

INVESTIGATIONS 

UNDER THE '' 

AGRICULTURAL 

ADJUSTMENT ACT 

OF 1933 

The Commission initiated no 

investigations under section 22 of 

the Agricultural Adjustment Act 

of 1933 during FY 1990. An investigation on cotton comber 

waste initiated during FY 1989 

was completed injanuary 1990. 

The Commission found that 

changed circumstances required 

modification or termination of the 

10 

existing section 22 quota on 

cotton comber waste. 

INVESTIGATIONS 

UNDER SECTION 332 

OF THE TARIFF ACT 

OF 1930 

Under section 332 of the 

Tariff Act of 1930, the Commission conducts general investigations on any matter involving tariffs and international trade. See 

appendix B for a discussion of 

section 332 in detail. Most of the 

studies mentioned here are available to the public. In addition to 

completing the studies highlighted below that resulted from onetime requests, the Commission 

produces recurring industry surveys such as Nonrubber Footwear 

Q:μarterly Statistical Report (332-

191); U.S. Automobile Industry: 

Monthly Report on Selected Economic 

Indicators (332-207); Annual Survey 

Concerning Competitive Conditions in 

the Steel Industry and Industry Efforts 

to Adjust and ModBrniz.e (332-289); 

and Annual Surveys on Ammonium 

Paratungstate, Tungstic Acid, and 

Tungsten Oxide (332-2'52). 

Studies Relating to Probable Ef. 

fects Advice for the Uruguay 

Round of Muiltilateral Trade 

Negotiations 

Foreign Telecommunications and Information Service Industries (332-257) 

This report was requested by 

the United States Trade Representative (USTR) to supplement a 

previously submitted report, Service Sector Pro.files and Barriers to 

Tra<k in Services. The USTR requested that the Commission analyze in the supplemental report 

certain foreign restrictive measures that USTR identified involving telecommunications and information-processing services. 

Both the original report and the 

supplemental report provided 

profiles of selected foreign service industries and analyzed nontariff barriers to entry in those 

markets that affect U.S. service industries. These reports were prepared to assist the USTR in the 

services negotiations of the Uruguay Round. 

Estimated Tariff Equivalents of U.S. 

Qy,otas on Agricultural Imports and 

Analysis of Competitive Conditions in 

U.S. and Foreign Markets for Sugar, 

Meat, Peanuts, Cotton, and Dairy 

Products, and a supplement, Estimated Tariff Equivalents of Nontariff 

Barriers on Certain Agricultural Imports in the European Community, 

japan, and Canada (332-281) 

This study, requested by the 

USTR in the fall of 1989, provided the tariff equivalents of certain 

U.S. nontariff barriers in agricultural trade, in order to assist the 

USTR in its efforts in the Agriculture Negotiating Group (ANG) of 

the Uruguay Round of the General Agreement on Tariffs and 

Trade (GATT). The Commission 

study, subsequently presented to 

the ANG in Geneva, was requested in order to demonstrate the 

feasibility of converting the protection extended by nontariff barriers into tariff equivalents or 

"tariffication." The United States 

has proposed that GA TT members agree to convert agricultural 

nontariff barriers to tariffs and 

then reduce the resulting tariffs 

over a IO-year period. 

Studies Analyzing Various Aspects of U.S. Free-Trade Agreements and Other Special Trade 

Programs 

Production Sharing: U.S. Imports 

Under Harmoniz.ed Tariff Schedule 

Subheadings 9802. 00. 60 and 

9802.00.80 (332..-237) 

This annual study was instituted by the Commission in 1986 

to present and analyze statistical 

data on imports under Harmonized Tariff Schedule (HTS) subheadings 9802.00.60 (metal of 

U.S. origin processed in a foreign 

location and returned for further 

U.S. processing) and 9802.00.80 

(goods containing U.S.-made 

components). The 1989 study 

presented historical import data 

( 1970-88) under these HTS subheadings and evaluated the most 

current four-year period ( 1985-

88) on a commodity-specific and 

sector-by-sector basis. The study 

also included an analysis of the 

rise in imports under the HTS 
headings caused by the customs 

user fee established in December 

1986 and an examination of the 

production-sharing activities of 

the European Community that 

are heavily concentrated in Yugoslavia and other Eastern European countries. 

Certain Final ]u.dicial Decisions Relating to Tariff Treatment (332-273) 

This investigation was instituted pursuant to section 1211 ( d) 

of the Omnibus Trade and Competitiveness Act of 1988. That act 

requires the Commission to recommend to the President those 

changes to the Harmonized Tariff 

· Schedule that would have been 

incorporated in the schedule 

before enactment if certain "final 

judicial decisions" had been published prior to February 1988. In 

response to Commission notices, 

interested parties have requested 

the Commission to recommend 

changes in two product areas: (1) 

duty-free treatment for certain 

power supplies for automated 

data-processing machines that are 

now dutiable at three percent ad 

valorem and (2) a one-percent reduction (to just under four percent ad valorem) for certain 

electrophoresis equipment. 

Investigation With Respect to the Operation of the Harmonized System Subtit/,e of the Omnibus Trade and Competitiveness Act of 1988 (3~2-274) 

This investigation was instituted pursuant to section 1216 of 

the Omnibus Trade and Competitiveness Act of 1988. That statute 

required the Commission to 

report to the Congress and to the 

President on the operation of the 

new Harmonized System during 

1989. The Commission reported 

that implementation of the Harmonized Tariff Schedule has proceeded without significant difficulty. The Commission noted 

that, although some private sector 

interests have complained about 

tariff treatment for a relatively 

small number of commodities, 

overall there have been few complaints from the private sector 

concerning the new tariff schedule. The agencies most directly 

affected by the new tariff are 

overwhelmingly positive in their 

reactions. The USTR, Commissioner of Customs, and the Director of the Bureau of the Census 

all report that implementation of 

the Harmonized System in the 

U.S. customs tariff has notably 

improved their ability to fulfill 

their domestic and international 

responsibilities that depend upon 

a modernized common tariff language. 

Probab/,e Economic Effect on U.S. Industries and Consumers of Accekrated 

Elimination of U.S. Tariffs on Certain 

Articles From Canada (332-278) 

This study was requested by 

the USTR. It was required under 

section 103(a)(l)(B) of the United 

States-Canada Free-Trade Agreement Implementation Act, preparatory to the USTR's entering 

into consultations with the Government of Canada on U.S. rates 

of duty to be applied on certain 

articles when imported from 

Canada on and after January l, 

1990. The purpose of the study 

was to assess the probable economic effect of accelerated elimination of U.S. tariffs on such articles, under the United StatesCanada Free-Trade Agreement, 

on consumers and on domestic 

industries in the United States 

producing like or directly competitive products. 

President's List of Articles Which May 

Be Designated or Modified as Eligib/,e 

Articles for Purposes of the U.S. Generalized System of Preferences (TA503(a)-l 8 and 332-279, and TA503(a)-20 and 332-290) and Probab/,e Economic Effects of the Redesignation of Certain Articles From Certain Countries as Eligib/,e for DutyFree Treatment Under the U.S. Generalized System of Preferences (332-

284) 

The USTR annually requests 

the Commission to provide advice 

on the effects on U.S. industry 

and U.S. consumers of granting 

duty-free tariff preferences under 

the U.S. Generalized System of 

Preferences (GSP) to certain designated products from eligible 

countries. In addition to the 

annual GSP review, USTR also 

made two additional requests for 

special GSP reviews in the past 12 

11 
months. The first request was received in October 1989 (Investigation No. 332-284). In this 

study the Commission provided 

advice as to the probable economic effects of redesignating 

certain articles from certain countries to GSP-eligibility status. The 

second additional request was received in March 1990 (Investigations Nos. T A-503(3)-20 and 

332-290). This special GSP 

review considered requests from 

the Governments of Bolivia, Colombia, Ecuador, and Peru to add 

products to the list of articles eligible for duty-free treatment 

under the GSP. 

Studies Analyzing the Competitiveness of U.S. Industry 

Annua.l Survey Concerning Competitive 

Conditions in the Steel Industry and 

Industry Efforts to Adjust and Modernize (332-209) 

The survey prepared in FY 

1990 represented the final report 

in a five-year series. The reports 

were requested by USTR in February 1985 to assist in assessing 

the competitive position of the 

steel industry during a period of 

import restraints. The .survey indicated that the industry had 

a~hieved its second year of profitability, following several years of 

losses, and that the major companies' expenditures on facility 

modernization had exceeded their 

net cash-flow from steel operations. Special issues contained in 

the report included an analysis of 

the movement of minimills, which 

use scrap as opposed to iron ore 

as a raw material, into higher 

value-added segments of the 

market, an examination of the 

factors contributing to significant 

increases in steel exports, and an 

examination of conditions in the 

specialty steel segment of the industry during 1983-88. 

U.S. Imports of Lamb Meat 

(332-264) 

This investigation was instituted on October 20, 1988, pursuant to section 1937 of the Omnibus Trade and Competitiveness 

Act of 1988 for the purpose of 

monitoring and investigating U.S. 

imports of fresh, chilled, or 

frozen lamb meat. In the first of 

two scheduled reports, released 

in February 1990, the Commis-

';,,,/", 

~fla of~ mtlke.a [lfJint fle/l.m'; tie Ctmtmilsift4tmng.iz ltetumg 

Ma l:fl#·~ 1>y ~Camera. 

12 

sion described U.S. regulatory 

treatment applicable to U.S. imports of lamb meat and described 

the U.S. market. The report described the U.S. industry and discussed U.S. imports in terms of 

quantity and value, source, and as 

a share of U.S. consumption. 

Also, the role of the United States 

in world lamb meat trade was reviewed. The Commission's final 

report in its investigation is 

scheduled to be released in December 1990. 

Competitive Position of the U.S. Gear 

Industry in U.S. and Global Markets 

(332-275) 

This study was requested by 

the USTR in March 1989 and required the Commission to provide a profile of U.S. and major 

foreign gear producers, an assessment of the global market, a comparison of U.S. and foreign producers' strengths and weaknesses, 

and the views of interested parties. In response to the request 

from the USTR, data on U.S. production, imports, exports, and 

consumption were developed 

from questionnaire responses and 

from published statistical sources. 

Similar information was gathered 

for gear-producing countries in 

Europe and the Far East, and estimates were made of global consumption. 

Among the factors that were 

evaluated in the comparison of 

U.S. and foreign industries were 

the number and size of firms; expenditures on new equipment 

and research and development; 

productivity, measured in shipments per employee; importance 

of trade; capital availability and 

cost; tax and product liability 

laws; labor cost and mobility; and 

profitability. In addition to the 

conclusions of the investigation, 

views of producers, importers, 

and consumers were presented. 

Durum Wheat: Conditions of Competition Between the U.S. and Canadian 

Industries (332-285) 

The House Committee on 

Ways and Means and the Senate 

Committee on Finance requested 

this study on the conditions of 
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competition in the United States 

and Canadian durum wheat markets. The study report included 

analyses of the United States and 

Canadian durum wheat industries; 

United States and Canadian 

durum production, consumption, 

and trade; conditions of trade in 

durum wheat between the United 

States and Canada; United States 

and Canadian Government programs and policies to assist 

durum wheat producers and processors; and other factors affecting 

conditions of competition, including prices, transportation costs, 

and product quality. 

The study concluded that 

both United States and Canadian 

farmers produce high-quality 

durum wheat but there are differences in the postharvest handling 

and distribution systems. Production of durum wheat in the 

United States and Canada in 

1987-89 fell because of drought, 

and U.S. ending stocks of durum 

dropped as reserves (mostly 

farmer owned) were released. As 

U.S. prices rose in 1988, U.S. imports of durum wheat increased 

to a record high. Canada imported no durum wheat during 1985-

89. 

Conditions of Competition Between 

U.S. and Mexican Fabricated Automotive Glass in the U.S. Market (332-

286) 

This request from the USTR 

sought an investigation on the 

conditions of competition between United States and Mexican 

automotive glass in the U.S. 

market: specifically, whether (1) 

an industry in the United States 

would be materially injured or 

would be threatened with material injury or (2) the establishment 

of an industry in the United 

States would be materially retarded if the outstanding countervailing duty order on fabricated automotive glass from Mexico were 

revoked by the U.S. Department 

of Commerce. The Commission 

advised the USTR that revocation 

of the order would not have such 

injurious effects. 

Services: Compilation and Identification of U.S. Measures That May Not 

Conform With Principles the United 

States ls Seeking in the Uruguay 

Round (332-293) 

The Commission received a 

request from the USTR in May 

1990 requesting that the Commission conduct an investigation in 

connection with trade negotiations on services in the Uruguay 

Round of the Multilateral Trade 

Negotiations. As requested, the 

Commission undertook a study to 

provide a report that ( 1) compiles 

information provided to USTR by 

State governments in response to 

a USTR questionnaire on State 

services regulations and examines 

applicable information on State 

and Federal regulations included 

in the Commission's previously 

submitted report (Service Sector 

Profiles and Barriers to Trade in Services: Phase II, Investigation No. 

332-257); and (2) identifies, to 

the extent practical from the information reported to USTR by 

State governments, U.S. measures 

(State and Federal) that may not 

be in conformity with the principles governing trade in services 

proposed by the U.S. Government in the Uruguay Round. The 

Commission submitted an interim 

classified report to the USTR in 

July 1990; a final report will be 

submitted injanuary 1991. 

Studies on Special Areas of 

Congressional Interest 

The Economic Effects of Significant 

U.S. Import Restraints, Phase II: Agricultural Products and Natural Resources (332-262) 

The Commission completed 

this study as the second phase of 

a three-phase investigation requested by the Senate Finance 

Committee. The Commission estimated the effects on the U.S. 

economy of import quotas on 

sugar, dairy products, cotton, and 

peanuts, and voluntary restraint 

agreements (VRAs) with foreign 

suppliers of meat. The Commission concluded that the economy 

as a whole would benefit if nontariff restraints (primarily quotas) 

on these products were removed 

while maintaining both farm production and income at their current levels with Government subsidies. 

The first phase of the investigation, covering restraints on imports of manufactured goods, was 

completed in 1989. The third 

phase, covering restraints on 

services, is scheduled for completion in September 1991. 

13 
The Effects of Greater Economic Integration Within the European Community on the United States (332-267) 

The House Committee on 

Ways and Means and the Senate 

Committee on Finance requested 

this investigation to provide objective information on the EC 

single market and a comprehensive analysis of its potential economic consequences for the 

United States. The single-market 

exercise is designed to accomplish the removal of barriers to 

trade in the physical, fiscal, and 

technical areas by 1992. Removal 

of these barriers is being done 

through the issuance of approximately 280 "directives," each to 

correct one or more of the barriers to a free-trade internal 

market in the EC. 

... the Senate '' Finance 

Committee requested the 

Commission to expand its 

capacity to provide 

impartial and detailed 

information on 

the relative global 

competitiveness of U.S. 

industry by enhancing its 

expertise on the 

competitiveness of 

advanced-technology 

manufacturing 

industries in the 

United States. 

The initial '' report covering 

this ongoing EC process was 

issued inJuly 1989, and it covered directives issued prior to 

January 1, 1989. The first followup report was issued in March 

1990 and covered developments 

during 1989. Both reports indicated that while the EC singlemarket exercise did appear to 

hold potential benefits for both 

exporters to and investors in the 

14 

EC, certain developments should 

be carefully monitored for any 

possible distorting effects. Such 

developments include reciprocity, 

residual quantitative restrictions 

(particularly in the areas of automobiles, footwear, and textiles 

and apparel), and the setting of 

standards for specific products as 

well as for health and safety. 

The second followup report 

was issued in September 1990 

and concentrated on developments through June 1990. It also 

contained chapters on potential 

effects of the EC single-market 

effort on the automobile, chemical/pharmaceutical, and telecommunications sectors and contained in addition a separate discussion of EC research and development. 

Survey of Views on the Impact of 

Granting Most-Favored-Nation Status 

to the Soviet Union (332-280) 

This report was conducted in 

response to a request received 

from the Senate Committee on 

Finance in September 1989. It 

summarizes the views of recognized authorities on United 

States-Soviet trade on the impact 

that the granting of most-favorednation (MFN) treatment to the 

Soviet Union could have on the 

business climate for such trade. 

The report includes an assessment of the anticipated commercial implications of such an 

action. Most of the experts consulted in the investigation strongly supported a U.S. decision to 

grant MFN status to the Soviet 

Union. They claimed that it 

would substantially improve 

United States-Soviet relations and 

would provide a basis for longterm expansion of trade flows and 

business partnerships between the 

world's two superpowers. Many 

experts believed that the step 

would ultimately lead to an expansion of U.S. imports of Soviet 

goods, but few predicted that 

there would be a significant nearterm impact on the volume of 

United States-Soviet trade. 

Indeed, many participants argued 

that changes in other U.S. policies-those restricting access to 

U.S. credit, credit and insurance 

guarantees, and high-technology 

goods-could play a more concrete role in expanding two-way 

commerce. 

Review of Trade and Investment Liberalization Measures by Mexico and 

Prospects for Future United StatesMexican Relations; Phase I: Recent 

Trade and Investment Reforms Undertaken by Mexico and Implications for 

the United States (332-282) 

This two-phase study was requested by the House Committee 

on Ways and Means. Phase I reviews the changes Mexico has 

made in its trade and investment 

regime since 1985 and includes 

an overview of the Mexican economy and the austerity measures 

Mexico has adopted to address its 

debt situation and to promote 

economic growth; Mexico's accession package, the 1987 United 

States-Mexican Framework Understanding, the 1989 United 

States-Mexican Understanding 

Regarding Trade and Investment 

Facilitation Talks; Mexico's farreaching program of deregulation 

for the economy and the steps it 

has taken toward privatization of 

state-owned enterprises; liberalization of Mexico's import trade 

regime and operation of its antidumping and countervailing duty 

procedures; liberalization of 

Mexico's foreign investment regulations and recent changes in the 

Maquiladora program; and 

progress Mexico has made in the 

area of intellectual property rights 

protection. 

The phase II report, Prospects 

for Future United States-Mexican Relations, will provide a summary of 

views from experts on United 

States-Mexican trade and economic issues and on possibilities 

for the future direction of the bilateral relationship. The phase II 

report is due to the Committee in 

October 1990. 

japan '.5 Distribution System and Options for Improving U.S. Access (332-

283) 

In October 1989, the House 

Committee on Ways and Means 

requested that the Commission 

conduct an investigation, in two 
phases, on Japan's distribution 

system. Phase I of the study provided an overview of Japan's distribution system and analyzed the 

composition of Japanese trade 

patterns. The study concluded 

that certain aspects of Japan's distribution system appear to 

impede access to existing distribution channels by foreign firms, 

forcing them to rely upon more 

expensive alternatives such as establishing an independent distribution network. This option was 

shown to be expensive and difficult due to high land, rent, 

warehousing, and transportation 

costs and certain legal restrictions. Phase II of the study, which 

is due to the Committee in October 1990, will seek experts' views 

on options for improving U.S. 

access to Japan's distribution 

system. 

Ethyl Alcohol for Fuel Use: Determination of the Base Quantity of Imports 

(332-288) 

Section 7 of the Steel Trade 

Liberalization Program Implementation Act requires the Commission to determine each year 

for two years the U.S. domestic 

market for fuel ethyl alcohol 

during the 12-month period 

ending on the preceding September 30. The statute requires that 

the domestic market estimate 

made by the Commission be multiplied by seven percent 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 Caribbean Basin Initiative 

beneficiary countries. Because the 

Commission's calculated base 

quantity for the 12-month period 

ending September 1989 was less 

than the minimum base quantity 

of 60 million gallons established 

by the law, the base quantity for 

imports during 1990 was established at 60 million gallons. 

Identification of U.S. Advanced-Technology Manufacturing Industries for 

Monitoring and Possibk Comprehensive Study (332-294) 

In June 1990, the Commission received a letter from Chairman Bentsen of the Senate Committee on Finance requesting the 

initiation of a two-phase investigation under section 332 covering 

US. advanced-technology manufacturing industries. The phase I 

investigation report identified 

broad-based, advanced-technology industries for which the Commission will develop and maintain 

up-to-date information. From that 

list, the Commission recommended to the Senate Committee on 

Finance that communications 

technology and equipment, pharmaceuticals, and semiconductor 

manufacturing and testing equipment be designated for comprehensive study. Communications 

technology and equipment includes computers, digital switches, digital radios, satellites, fiber 

optics, and the software needed 

to run these integrated systems. 

Pharmaceuticals include medicinal 

chemicals, bioengineering, 

botanicals and diagnostics, and 

other biological products, such as 

serums and vaccines. Semiconductor manufacturing and testing 

equipment includes the machines 

and materials needed to produce 

integrated circuits and other 

microelectronic products. The 

Senate Committee on Finance approved the Commission's recommendations on September 27, 

1990. Phase II of the investigation will be undertaken in FY 

1991. 

15 

' ' ' ' ' ' ' '' 

ln~TMlleA~ Detmis 

~of*. lnmitmklkes 

p/Jtm;e. 

17 
PART IL 

ORGANIZATIONAL ACTIVITIES 

OFFICE OF 

. OPERATIONS 

The Director of Operations 

supervises all substantive work of 

its subordinate offices: Office of 

Investigations, Office of Industries, Office of Economics, Office 

of Tariff Affairs and Trade Agreements, Office of Unfair Import 

Investigations, and Trade 

Remedy Assistance Office. The 

Director is responsible for initiation, supervision, completion, 

and publication (when appropriate) of all statutory investigations, 

studies, and special work projects 

assigned by the Commission. The 

work includes completing the investigations within the statute-imposed deadlines and with a level 

of accuracy and detail suitable for 

subsequent review by the courts. 

Office of 

Investigations 

The Office of Investigations 

is respoμ.sible for conducting the 

Commission's countervailing 

duty, antidumping, and review investigations under title VII of the 

Tariff Act of 1930, escape clause 

and market disruption investigations under the Trade Act of 

1974, investigations under section 

22 of the Agricultural Adjustment 

Act to determine whether imports 

of agricultural products are interfering with programs of the U.S. 

Department of Agriculture, and 

· certain investigations under section 332 of the Tariff Act of 1930 

that relate to outstanding countervailing duty orders. In general, 

the Commission's responsibility 

in these investigations is to determine whether or not an industry 

in the United States has been injured, or is threatened with 

injury, by imports of like 

products. 

The primary responsibility of 

the investigative staff is to present 

the Commission with an objective 

and comprehensive report on the 

subject of each investigation in 

18 

order to assist the Commission in 

making an informed decision concerning injury. To do so, the staff 

seeks to understand the conditions of competition within the 

domestic market of the industry 

through extensive data collection, 

research, and consultation with 

The investigative '' team ... 

acquires a thorough 

knowledge of the industry 

and the product under 

investigation, principally 

from primary sources such 

as industry questionnaires 

and visits to 

production facilities. 

'' 

technical and marketing specialists. Under the direction of a supervisory investigator, the Office 

coordinates all facets of these investigations, beginning with the 

identification of primary data to 

be collected and ending with the 

publication of a report containing 

the Commissioners' views and a 

public version of the staff report. 

The principal cases handled by 

the Office during FY 1990 are 

discussed in the "Highlights" section of this report. 

The investigative team, which 

includes a supervisory investigator, investigator, accountant/auditor, and economist from the 

Office of Investigations, as well as 

a commodity analyst and an attorney from other Commission Offices, acquires a thorough knowledge of the industry and the 

product under investigation, principally from primary sources such 

as industry questionnaires and 

visits to production facilities. Data 

presented in the staff report include but are not limited to capacity, 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. The staff also collects 

and analyzes somewhat more limited information regarding the 

foreign industry producing the 

subject product. 
Investigations' staff members 

work closely with officials at the 

U.S. Department of Commerce, 

the U.S. Department of Agriculture, 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 to 

obtain information and effectively 

manage the administrative details 

of an investigation. Investigators 

also provide assistance to the 

United States Trade Representative (USTR) following Commission recommendations to the 

President of action to take in 

escape clause and market disruption cases. 

Effective October 22, 1989, 

the Investigative Support Division 

was transferred from the Office of 

Economics to the Office of Investigations and was renamed the 

Applied Economics Division. 

Office of 

Industries 

The Office of Industries, with 

more than 140 international trade 

analysts and support staff, provides the Commission, the Executive Office of the President, the 

Congress, and the public with 

technical and economic studies of 

U.S. industries and international 

trade. 

. The Office is organized into 

seven commodity Divisions covering the major industrial sectors: 

agriculture and forest products, 

textiles and apparel, energy and 

chemicals, minerals and metals, 

machinery and equipment, services and advanced-technology industries, and miscellaneous manufactures. Within Divisions, international trade analysts track the 

import, export, production, and 

sale of more than 8,000 agricultural products, raw materials, and 

manufactured products. In addition, the Office has trade analysts 

who monitor U.S. services, the 

focus of increasing attention in 

international trade. The primary 

responsibility of analysts is to examine the impact on U.S. industry 

of international trade (imports 

and exports), U.S. industry performance, and factors influencing 

U.S. competitiveness. 

During FY 1990, the Office 

conducted 28 investigations 

under section 332 of the Tariff 

Act of 1930, including both onetime, factfinding studies and continuing industry surveys. In particular, the Office of Industries 

focused on two important investigation efforts during the past 

year: (1) a major investigation entitled The Effects of Greater Economic 

Integration Within the European Community on the United States (EC '92) 

and (2) a series of three large investigations related to changes 

under the U.S. Generalized 

System of Preferences (GSP). The 

first investigation provided the 

Senate Committee on Finance 

and House Committee on Ways 

and Means with two semiannual 

reports in a series of reports on 

the EC '92 program for completion of the EC internal market by 

1992. This investigation was the 

largest inter-Office project undertaken at the Commission in 

recent years, requiring contributions from all of the Commission's principal operating offices. 

In the preparation of the report, 

the Commission developed a 

completely new information base 

on the complex EC '92 directive 

program, analyzed the impact of 

this program on U.S. industry, 

and prepared two public reports 

for the Congress covering all aspects of the EC effort. 

The GSP study involved 

three separate investigations, covering hundreds of commodities 

with important implications for 

trade with GSP beneficiary countries. In addition to the Commission's normal annual investigation 

of proposed modifications of 

product eligibility for the GSP, 

this fiscal year the Commission 

was requested by the USTR to 

determine the probable effects of 

redesignating as eligible those articles currently excluded from eligibility because of competitiveneed limits. Finally, a third GSP 

investigation requested by the 

USTR considered requests from 

the Governments of Bolivia, Colombia, Ecuador, and Peru to add 

products to the list of articles eligible for duty-free treatment 

under the GSP. 

Other studies released this 

year included an estimation of the 

tariff equivalents of U.S. quotas 

on imports of sugar, meat, peanuts, cotton, and dairy products 

and the probable effect of the removal of these barriers; and the 

probable effects of various 

changes in U.S. tariff levels under 

the United States-Canada FreeTrade Agreement. In addition, 

19 
the Office was primarily responsible for studies of the international competitiveness of U.S. producers in such areas as gears, 

steel, durum wheat, tuna, and advanced-technology manufacturing 

industries. 

Ten continuing industry surveys were conducted under section 332 to aid the Congress or 

the executive branch in monitoring U.S. imports and domestic 

production of various products. 

Two of these were at the request 

of the President, seven at the request of Congress, and one was a 

continuing survey initiated on the 

Commission's own motion. These 

surveys covered the following 

areas: synthetic organic chemicals; 

trade under provisions 

9802.00.60 and 9802.00.80 of the 

Harmonized Tariff Schedule 

(HTS); steel subject to the President's program of voluntary restraint agreements (VRAs); competitive conditions in the steel industry and industry efforts to 

adjust and modernize; automobiles; rum; various tungsten compounds; nonrubber footwear; 

lamb meat; and ethyl alcohol. 

The Office periodically reviews all 

recurring studies and recommends to the requester the reduction or elimination of studies as 

appropriate. 

In FY 1990, the Office made 

significant progress in the second 

phase of its comprehensive analysis of the effects of greater integration of the EC market. The 

second phase will consist of semiannual reports (March and September) to Congress analyzing 

the effects of new EC '92 directive proposals, amendments to 

previously pr~posed directives, 

decisions by the European Court 

of Justice affecting EC '92 market 

integration, decisions by EC 

standards bodies pursuant to EC 

'92 standards directives, and any 

other developments related to the 

EC '92 effort. EC '92 is an attempt to achieve complete EC internal integration through the 

elimination of barriers to the free 

movement of goods, services, 

people, and capital by the end of 

1992. It is a complex process and 

affects virtually every aspect of 

commercial activity in the EC. 

20 

Late in FY 1990, the Senate 

Finance Committee requested the 

Commission to expand its capacity to provide impartial and detailed information on the relative 

global competitiveness of U.S. industry by enhancing its expertise 

on the competitiveness of advanced-technology manufacturing 

industries in the United States. 

The Committee requested a twostep investigation. In the first 

phase of this effort, the Commission provided to the Committee a 

list of industries about which the 

Commission will develop and 

maintain up-to-date information. 

The list included ten major industries that produce products that 

embody advanced technology, 

that involve high value-added and 

research and development expenditures, and that are expected 

to experience above-average 

growth in demand in domestic 

and foreign markets. In addition, 

the Commission recommended 

three industries for comprehensive study during the second 

phase of the investigation. The 

three industries recommended 

were pharmaceuticals, communications technology and equipment, and semiconductor manufacturing and testing equipment. 

In selecting these industries, the 

Commission was requested to 

consider their importance to 

future U.S. global competitiveness and the extent that foreign 

governments provide benefits to 

industries producing competitive 

products. The Commission was 

requested to complete these studies by the end of FY 199 l. 

In the agricultural sector, the 

Commission had two investigations under way at the end of the 

fiscal year, covering (1) the competitive conditions affecting the 

U.S. and European tuna industries in domestic and foreign markets (332-291) and (2) the probable effects on U.S. international 

trade in agricultural food products of the California pesticide 

residue initiative (332-292). 

In support of the Uruguay 

Round services negotiations, the 

Commission had under way at 

yearend an investigation (332-

293) requested by the USTR to 

identify and analyze U.S. measures {State and Federal). that may 

not be in conformity with the 

principles governing trade in 

services proposed by the U.S. 

Government in the Uruguay 

Round. 

In support of its section 332 

investigative work, the Office also 
tested and acquired a new system 

of information storage and retrieval during the fiscal year. The 

system involves optical scanning 

and storage of commodity/industry information files with full indexing of text that permits research of data through the use of 

key words and phrases. This 

system greatly facilitates and enhances the research capabilities of 

the Office. 

The Office also began planning a new series of Summaries 

of Trade and Tariff Information. 

The '' Office also 

began planning a new: 

series of Summaries 

of Trade and 

Tariff Information. 

'' The Commission has, since its inception, periodically issued a 

series of reports designed to provide the Government and the 

public at large with a reliable, systematic, and uniform source of information on domestic and foreign trade in the articles enumerated in the Tariff Schedu/,es of the 

United States. The last complete 

"library" of Summaries was completed in FY 1984 and contained 

approximately 250 individual reports. The Commission is beginning the program at this time because the current series is now 

more than five years old and because of a strong, continuing 

demand for this type of information by the public and other 

agencies. Furthermore, in January 

1989 the United States adopted 

the Harmonized Tariff Schedule 

as the new U.S. tariff nomenclature, and little has been published 

regarding trade under this nomenclature and its relation to 

U.S. industry. Finally, the results 

of the Uruguay Round, including 

tariff and other ·concessions, will 

bring changes for U.S. industry 

and trade that can be conveyed at 

least in part in a summary series. 

The Commission will give primary attention to those industries 

in the forefront of U.S. competitiveness issues, particularly those 

industries that might be considered advanced-technology industries. Eventually, however, this 

series is expected to be comprehensive. 

The Office of Industries also 

produces a monthly staff publication, the Monthly Import/Business 

Review. This report includes selected industry and trade news 

items that may have immediate 

and important economic consequences on the domestic industry 

and the conditions of competition 

it faces at home and abroad. The 

review is distributed to a variety 

of congressional and executive 

branch offices and the public on 

request. 

Finally, th.e Office created a 

new Division to give greater emphasis and coverage to U.S. service industries and U.S. advancedtechnology industries, sectors that 

will significantly influence the 

future competitive position of the 

United States in world markets. 

The establishment of a separate 

Division will enable the development of greater staff expertise in 

these areas. 

Office of Economics 

The two Divisions of the 

Office of Economics-the Research Division and the Trade 

Reports Division-help the Commission provide expert economic 

advice to Congress and the President on a variety of international 

trade issues before U.S. policymakers. 

The Research Division provides technical analyses of trade 

and economic issues and provides 

advice and review on all Commission section 332 studies to assure 

that they are soundly based on 

generally accepted economic principles. 

The Research Division is currently leading a major threephase investigation of the effects 

of significant import restraints on 

producers, consumers, and the 

overall economic welfare of the 

United States. In the first phase, 

completed in September 1989, 

the Commission estimated the 

costs and benefits of 20 tariff and 

five nontariff barriers on manufactured goods. In the second 

phase, completed in September 

1990, it estimated the effects of 

import quotas on sugar, dairy 

products, cotton, and peanuts and 

VRAs with foreign suppliers of 

meat (Investigation 332-262). In 

the third phase, which will be 

published in September 1991, the 

Commission will estimate the economic effects of various restraints 

on international trade in services. 

T~ ~pg~;. a ~ng sldt wHh iz*Allen aml M~ Lan ti:! t:tm'Vq" ~ lllHntt pnwiding pod tp«d~ seni# daring a dvity 

~ ~ tlur l'FC F«lertd Wontm~~ 

21 
In addition, the Division is developing a computable general equilibrium (CGE) economic model 

that will enable the Commission 

to estimate more accurately the 

effects of removing any specific 

trade restraint or of removing 

multiple restraints simultaneously. 

The details of this CGE model 

will be presented in the report on 

the third phase of the import-restraints investigation. 

The Research Division also 

contributed substantially to the 

following section 332 investigations, which were led by the 

Trade Reports Division: 

Annual Report of the Impact .of 

the Caribbean Basin Economic Recovery Act on U.S. Industries and Consumers (332-227) 

Service Sector Pro.files and Barriers to Trade in Services: Supplemental Report (332-257) 

U.S. Imports of Lamb Meat 

(332-264) 

The Effects of Greater Economic 

Integration Within the European Community on the United States, first and 

second followup reports (332-

267) 

Competitive Position of the U.S. 

Gear Industry in U.S. and Global 

Markets (332-275) 

United States-Canada Free-Trade 

Agreement: Probable Economic Effects 

on U.S. Industries and Consumers of 

Accelerated Elimination of U.S. Tariffs 

on Certain Articles From Canada 

(332-278) 

Estimated Tariff Equivalents of 

U.S. Qμotas on Agricultural Imports 

and Analysis of Competitive Conditions 

in U.S. and Foreign Markets for 

Sugar, Meat, Peanuts, Cotton, and 

Dairy Products (332-281) 

Review of Mexico s Recent Trade 

and Investment Liberalization Measures and Prospects for Future U.S. -

Mexican Trade Relations (332-282) 

japans Distribution System and 

Options for Improving U.S. Access 

(332-283) 

Probable Economic Effects of Redesignation of Certain Articles From 

Certain Countries as Eligible for DutyFree Treatment Under the U.S. Generalized System of Preferences (332-

284) 

Durum Wheat: Conditions of 

Competition Between the U.S. and Ca-

. nadian Industries (332-285) 

22 

... the '' Division is 

developing a 

computable general 

equilibrium (CGE) 

economic model 

that will enable the 

Commission to estimate 

more accurately 

the effects of 

removing any specific 

trade restraint 

or of removing 

multiple restraints 

simultaneously. 

'' 

Presidents List of Articles Which 

May Be Designated or Modified as Eligible Articles for Purposes of the U.S. 

Generalized System of Preferences 

(332-290) 

Tuna: Competitive Conditions Affecting the U.S. and European Tuna 

Industries in Domestic and Foreign 

Markets (332-291) 

California Pesticide Residue Initiative: Probable Effects on U.S. International Trade in Agricultural Food 

Products (332-292) 

The Trade Reports Division 

of the Office of Economics is the 

Commission's "country desk" resource. Economists in the Division regularly monitor trade 

policy and trade-related economic 

trends in key trading nations-the 

EC, Japan, Canada, Mexico, 

Brazil, and the newly industrialized countries of Asia. A small 

staff covers China, Eastern 

Europe, and the Soviet Union. 

Trade Reports economists also 

monitor developments in the current Uruguay Round of Multilateral Trade Negotiations (MTN) 

sponsored by the General Agreement on Tariffs and Trade 

(GATT), and the activities of the 

main international organizations 

dealing with trade issues . 

The country-desk resources 

of the Trade Reports Division 

complement the commodity and 

industry expertise of the Office of 

Industries. Together, they enable 

the Commission to respond to 

the information needs of U.S. 

trade policymakers using either 

an industry approach, a country 

approach, or some combination 

as may be most suitable. 

The Trade Reports Division 

worked on a wide range of issues, 

conducting section 332 investigations, producing statutory reports 

on U.S. trade, and providing policymakers and the public with information and analysis on bilateral and multilateral trade issues. 

Division economists led a major 

research project requested by the 

Senate Finance Committee on the 

issues involved in granting mostfavored-nation (MFN) trade treatment to the Soviet Union (Investigation No. 332-280). The report 

on this Commission investigation 

presented a summary of experts' 

views on various issues identified 

by the Committee, including the 

potential for U.S. agricultural exports, opportunities for joint ventures, and the competitiveness of 

U.S. firms with other exporters 

(such as Japan) in the Soviet 

market. 

Trade Reports economists 

also led two studies ·requested by 

the Ways and Means Committee 

of the House of Representatives. 

In Review of Mexico s Recent Trade 

and Investment Liberalization Measures (Investigation No. 332-282), 

the Commission found, among 

other things, that Mexico has reduced its maximum import tariff 

from a level of 100 percent in 

1986 to a current level of 20 percent. Injapans Distribution System 

and Options for Improving U.S. 

Access, the Commission concluded 

that several forces-both within 

and outside Japan-seem to be 

pushing Japan's distribution 

system toward greater openness, 

but that change may come more 

slowly than in other countries. 

Both the Mexico and Japan reports are two-phase studies, with 

the first phase consisting of factfinding and the second phase 

summarizing experts' views on 

future policy options. The 
second-phase reports for both 

Mexico andjapan will be sent to 

the Congress in October 1990. 

Division staff also participated in two Commission studies on 

the 1992 integration of the European Community and in a staff 

report on issues related to a possible trade agreement with the 

Soviet Union. 

The Trade Reports Division 

prepared several recurring trade 

reports as required by statute. In 

August 1990, the 4 lst annual Operation of the Trade Agreements Program report was released. This 

report highlighted major developments in U.S. trade policy in 

1989, including special sections 

on United States-Eastern European trade and the Malta superpower summit. The report also included data on U.S. trade under 

the GSP program and the Caribbean Basin Initiative, a comprehensive review of developments 

within the GA TT and other multilateral forums, and actions taken 

under U.S. trade law. The report 

covered details of trade relations 

with seven major trading partners-the European Community, 

Canada, Japan, Mexico, Taiwan, 

the Republic of Korea, and Brazil. 

Trade Reports Division 

economists also prepared the fifth 

annual report on the impact of 

the Caribbean Basin Economic 

Recovery Act (CBERA) on U.S. 

industries and consumers. This 

report studied several other 

issues, including the effects of the 

CBERA on investment in Caribbean countries. 

The Report to the Congress and 

the Trade Policy Committee on Trade 

Between the United States and the 

Nonmarket Economy Countries (the 

East-West Trade Report) was prepared quarterly, as required by 

law. The ongoing report provides 

current data on U.S. trade with 

16 nonmarket economy countries 

(NMEs) along with analyses of 

significant developments in commercial relations and trade. The 

report also presents the results of 

the East-West Trade Statistics 

Monitoring System, which analyzes imports of manufactured 

goods from NMEs. The system 

identifies manufacturing industries experiencing rapid growth in 

imports and significant import 

penetration by NME suppliers. 

Division staff responded to 

more than 300 informal requests 

for specialized information and 

technical assistance from Congress, the public, and other Government agencies. The Trade Reports Division also produced a 

' ' ,, " 

. '11JfN Jim~ tlt"!'AZ1--14s · • 

._,.llnilllil~tiatl Mnt:o4umtg4 ~mt•• . 

monthly review of trade and 

policy developments, the International Economic Review, which gives 

timely information on significant 

economic and policy developments abroad that may affect U.S. 

commerce. The Review is distributed to Members of Congress and 

the public on request. 

Office of 

Tariff Affairs and 

Trade Agreements 

The Office published the 

second edition and first supplement of the Harmonized Tariff 

Schedule. The first supplement 

reflected, among other things, 

changes resulting from the annual 

review of the Generalized System 

of Preferences and the acceleration of staged duty reductions negotiated in the United StatesCanada Free-Trade Agreement. A 

second supplement was prepared 

in September 1990 for publication in October. It incorporates 

the new tariff provisions provided 

for in the Customs and Trade Act 

of 1990. 

Partly as the result of dutyrate changes that occurred in the 

conversion of the Tariff Schedules of the United States (TSUS) 

to the HTS, a large volume of 

tariff legislation was introduced in 

the Congress during FY 1989 and 

FY 1990. During FY 1990, the 

Office staff coordinated the Commission's preparation of reports 

on 366 tariff bills, most of them 

seeking temporary duty suspensions. The Commission's reports 

on these bills were completed and 

submitted to the Congress as of 

the end of FY 1990 and are listed 

in appendix C. These reports 

assist the House Ways and Means 

Committee and the Senate Finance Committee in their consideration of tariff legislation. 

Statistical changes to the 

HTS were also sought through 

the Committee for Statistical Annotation of the Tariff Schedule 

(the 484(e) Committee), which is 

chaired by the Director of this 

Office. During this fiscal year, the 

committee received 81 petitions 

for changes affecting hundreds of 

HTS subheadings. 

23 
The Office updated the HTS 

history and header files, the index 

of Harmonized System Committee summary records, and other 

relevant data bases. It also sent 

electronic copies of the HTS to 

the National Technical Information Service for distribution to 

the public. 

In the area of Trade Agreements, the Office contributed significantly to the preparation of 

electronic data base files for the 

ongoing Uruguay Round of Multilateral Trade Negotiations and 

for the proposed acceleration of 

duty reductions under the United 

States-Canada Free-Trade Agreement. In addition, Office staff assisted the USTR in reviewing 

other countries' documentation 

concerning the Uruguay Round. 

Staff also reviewed petitions and 

prepared reports and Presidential 

proclamations in connection with 

the GSP program. 

A major undertaking for the 

Office in FY 1990 involved implementing a United States-Canada 

Memorandum of Understanding, 

under which the two countries exchange monthly import statistics 

to reflect each country's exports 

to the other. The arrangement 

became operational beginning 

January 1, 1990, and eliminates 

the need to prepare and compile 

over one million export documents annually. 

Finally, the Office had primary responsibility for the following investigations: Certain Final Judicial Decisions Relating to Tariff 

Treatment (332-273); Operation of 

the Harmonized System Subtitle of the 

Omnibus Trade and Competitiveness 

Act of 1988 (332-274); and International Agreements to Protect Wildlife 

and the Environment (332-287). 

The first two were completed 

during FY 1990 and the last will 

be completed injanuary 1991. 

Office of 

Unfair Import 

Investigations 

The Office of Unfair Import 

Investigations is a party to adjudicatory investigations conducted 

under section 337 of the Tariff 

Act of 1930. These investigations 

involve claims of unfair methods 

of competition in import trade 

and most frequently include allegations of patent or trademark infringement. Allegations of copyright infringement, misappropriation of trade secrets, passing off, 

false advertising, and antitrust 

violations are also 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. 

.. ,J . ..· ............. . 

.Ams -.qt.. WMn:tmsta tttitli ~ Specid$/Dit.me'W/JitJiif4m * 

0/'11# ti.{TMIJI A/,fbin all Troile Al1••-* 

24 

The Office of Unfair Import 

Investigations represents the 

public interest in section 33 7 investigations. The Office is responsible for ·ensuring that a 

complete record is developed in 

these investigations and that the 

relevant issues are briefed for the 

administrative law judges and the 

Commission. Investigative attorneys from the Office actively participate along with counsel for the 

private parties throughout these 

investigations. Unlike the private 

litigants, 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. 

The Office of Unfair Import 

Investigations has responsibility 

for reviewing section 337 complaints prior to institution of an 

investigation and advising the 

Commission whether the complaint alleges a cause of action 

under section 337 and complies 

with the governing Commission 

rules. Prior to institution of a section 337 investigation, the Office 

engages in informal investigation 

of the factual and legal bases for 

the allegations in the complaint. 

On request, the Office also provides informal advice to prospective complainants regarding the 

viability of filing a complaint 

under section 337. 

During the violation phase of 

a section 337 investigation, attorneys from the Office of Unfair 

Import Investigations take discovery, examine witnesses, present 

evidence at the hearing, and 

submit briefs on factual and legal 

issues to the administrative law 

judges. The investigative staff 

also submits briefs to the Commission to assist the Commission 

in its review of the administrative 

law judge's initial determination 

as to violation and in its determinations on remedy. Given the 

public interest nature of section 

337, the time constraints imposed 

by the statute, and the fact that 

some parties do not want to par-
ticipate, the investigative staff's 

participation ensures that the administrative law judges and the 

Commission have the relevant 

facts and are offered an independent focus on the many issues 

presented in these investigations. 

The investigative staff also attempts to facilitate settlement negotiations among the parties. Accordingly, the staff reviews consent order agreements and settlement agreements and submits 

briefs on the question of whether 

they are in the public interest and 

comply with the Commission's 

rules and, when the parties seek a 

Commission consent order, 

whether the order would constitute a proper exercise of the 

Commission's jurisdiction. 

During FY 1990 there were 

33 active section 337 investigations. In these investigations, producers sought protection from alleged infringement of intellectual 

property rights in a host of different industries, including semiconductors, pharmaceuticals, insecticides, industrial materials and machinery, and various consumer 

products ranging from batteryoperated ride-on toy vehicles to 

athletic shoes. The Commission 

terminated nine 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 three other investigations. Of the 12 investigations in 

which the Commission made final 

determinations on the merits, a 

violation of section 33 7 was 

found in seven investigations. 

Temporary relief proceedings 

were concluded in two section 

337 investigations, with a grant of 

temporary relief being made in 

one of these proceedings. During 

FY 1990, there were also two advisory opinion proceedings and 

two formal enforcement proceedings stemming from prior section 

337 investigations. 

Trade Remedy 

Assistance Office 

The Trade Remedy Assistance Office provides assistance to 

the public and to small businesses 

Com•itmu Sed.ey ~wUik talks with. C<1tiinmwner'Cai:QtB. HtiilmfJfdie 

Customs S~e durin,t§'her "Visit to Mdress an awards· ceremony gathering. 

seeking benefits or relief under 

U.S. trade laws. In response to inquiries from the public, the Office 

provides information on the various trade laws identified in 19 

CFR 1339. In FY 1990, the Office 

responded to 268 inquiries. 

The Office also provides 

technical assistance, as defined in 

the Commission's rules, to eligible small businesses seeking a 

remedy under one or more of the 

trade laws. In FY 1990, seven 

small businesses were certified to 

receive technical assistance. The 

Office has provided these businesses with technical and informal 

legal advice to assist them in determining which statutes may 

offer relief, in preparing draft 

complaints or petitions, and in 

presenting their positions to the 

Commission and the U.S. Department of Commerce. 

In FY 1990, three businesses 

that have received technical assistance from the Office have filed 

petitions/ complaints seeking 

trade relief. First, on February 27, 

1990, ENM, a small business in 

Chicago that manufactures counting equipment, filed a petition 

seeking relief from allegedly 

dumped imports from Brazil. On 

March 19, 1990, Wyatt Technologies, a manufacturer of laser devices, filed a petition seeking 

relief from allegedly dumped imports fromjapan. On August 20, 

1990, a 337 complaint was filed 

by John A. McDougal from Detroit, MI, alleging infringement of 

his patent on antiknock ignition 

systems for automobiles. In addition, on March 22, 1990, the Keystone Camera Corp. filed for 

relief from camera imports from 

Japan under section 201 after 

making initial inquiries about potential trade relief through the 

Office. 

On April 10, 1990, the Commission, in a 4-to-2 decision, 

reached a negative determination 

in its preliminary investigation respecting digital counters, thereby 

terminating the investigation. On 

April 30, the Commission, also in 

a 4-to-2 decision, made an affirmative finding in its preliminary investigation respecting laser lightscattering instruments. On September 18, the Commission instituted a section 337 investigation 

based on Mr. McDougal's complaint. Also in September, the 

Commission made a negative decision in the camera investigation. 

In providing technical assistance, the Office staff is available 

to meet with eligible small businesses to discuss the procedures 

for obtaining relief. The Office 

has assisted small businesses in 

25 
analyzing their trade-related 

problems to determine which 

statutes may offer relief. Technical assistance may include review 

of draft complaints or petitions . 

prepared by the eligible small 

business to assist its efforts to 

prepare a final petition for filing. 

Technical assistance may also include informal legal advice and 

assistance for the eligible business 

during administrative review of 

the petition and any subsequent 

appeals. 

OFFICE OF 

ADMINISTRATION 

The Office of Administration 

handles the Commission's personnel, finance, budget, information resources management, publishing, procurement, facilities 

management, and library (other 

than law) functions. During FY 

1990, Library Services and the 

Office of Information Resources 

Management were transferred 

from the Office of Operations to 

the Office of Administration. 

The Office of Administration 

was involved in several audits 

conducted by the Inspector General during FY 1990, including 

(1) personnel management, (2) 

budget formulation and execution, (3) information security, (4) 

use .of copy machines by nonCommission personnel, (5) compliance with the Federal Managers' Financial Integrity Act of 

1982, and (6) use of imprest 

funds. 

Plans have been made to 

phase out the Commission mainframe computer (an IBM model 

4331) by March 1991. This 

project will require significant 

effort to transfer computer applications to other facilities, such as 

the National Institutes of Health 

and the Departments of Energy 

and the Interior. The capabilities 

of the Commission's personal 

computer base and its local area 

network will also help in the 

phaseout of the mainframe computer. 

Staff in the Office of Administration served as advisors for 

the Commission's program staff 

on the application of statistical 

theory, especially the use of sampling for obtaining information 

needed in the Commission's investigative and research studies. 

Staff handled frequent inquiries 

for trade data, evaluated data reliability, and provided graphics 

support for personal computers. 

Four statistical bulletins summa-

&m~of*"~-~.·-~--..,__--m~ wdlingflu'O:. JI "J:sitm. Sf4/I ...... 

26 

rizing import and export information for use in the trade community were prepared. In FY 1990, 

the Office of Administration completed 53 detailed statistical reviews of Commission investigative 

reports. 

The Commission's National 

Library of International Trade 

has expanded its services in several ways. In FY 1990, the Library 

staff began to work closely with 

other Commission staff on special 

project groups such as EC '92, including the evaluation of potential new data bases containing information about the dynamic 

changes in Europe. Additionally, 

it developed several bibliographies on special trade topics, such 

as Japan, during the fiscal year. 

During FY 1990, the Office 

of Personnel expended significant 

effort and resources in transfer- · 

ring its automated employee data 

base from the Commission mainframe computer to the U.S. Department of Energy automated 

personnel system. The manual 

capture of data directly from official personnel files was the core 

element of the project, requiring 

the most concentrated effort. 

Now fully operational, the Department of Energy system permits data input by means of personal computers and provides 

output in the form of computergenerated personnel documents. 

Extensive labor-management 

negotiations were conducted over 
the issuance of smoking regulations as well as the Commission's 

implementation of the President's 

Drugfree Workplace Initiative. On 

the first issue, a negotiation impasse resulted in referral of the 

issue to the Federal Service Impasses Panel, from which a decision is pending. Negotiations continue on drug testing. 

In the areas of financial management, steps were taken to enhance the responsibilities of the 

Commission's cost center managers. Additionally, an automated 

procurement-management system 

was installed to improve internal 

controls over procurement. 

The Commission's telecommunications capabilities improved 

significantly during the year with 

the transition of long-distance 

calling to the General Services 

Administration's (GSA) ITS-2000 

system. New telephone instruments were installed throughout 

the Commission, providing more 

efficient communications. At the 

close of FY 1990, preparations 

had been completed to install 

GSA' s Washington Interagency 

Telecommunications System, 

which will improve communications among Federal agencies in 

the Washington, DC, metropolitan area. 

During FY 1990, the Information Security Oversight Office, 

which oversees the Govemmentwide information security program, performed an onsite inspection to determine whether 

the Commission's security practices continued to be in compliance with Executive Order 12356. 

The Office concluded that the 

Commission was in full compliance and commended senior 

management for its strong support of the Commission's information security program. 

OFFICE OF THE 

ADMINISTRATIVE 

LAW JUDGES 

During FY 1990, the Office 

of the Administrative Law Judges 

held five evidentiary hearings on 

section 337 cases in accordance 

with the Administrative Procedure 

Act. These hearings ranged in 

length from two days to five 

weeks and involved a diversity of 

products including pressure 

transmitters, polymer geogrids, 

erasable programmable read-only 

memories, and doxorubicin (a 

pharmaceutical product). During 

this period, the judges disposed 

of 13 cases without an evidentiary 

hearing-that is, by settlement, 

withdrawal of the complaint, summary determination, or by a 

motion to terminate. 

OFFICE OF 

CONGRESSIONAL 

LIAISON 

The Office of Congressional 

Liaison is the primary point of 

contact between the Commission 

and Congress. The Office routinely 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 its operations. The Office 

also provides technical assistance 

to Members of Congress and 

their staff on various trade-related 

matters. 

During FY 1990, Congress 

asked the Commission for technical assistance, requesting a total 

of seven section 332 investigations, including those on Mexican 

trade and investment liberalization measures, on Japan's distribution system and options for improving U.S. access, and on international environmental agreements enforceable through trade 

sanctions. In addition, a staff 

study concerning United StatesSoviet economic relations and 

U.S. and EC trade agreements relating to nonmarket economies 

was conducted to assist the 

Senate Finance Committee in preparing for possible hearings on 

extending MFN status to the 

Soviet Union. 

In addition to requests for 

studies, the Commission responded to requests for testimony and 

briefings. In October 1989, 

Chairman Brunsdale testified 

before the House Ways and 

Means Trade Subcommittee on 

the subject of foreign trade zones. 

In addition, Commission staff 

briefed House Ways and Means 

and Senate Finance Committee 

staff on the most recent findings 

in the ongoing 332 investigation 

on the effects of greater economic integration within the European Community.InJuly of 1990, 

staff of the Textiles Branch of the 

Office of Industries briefed 

House Ways and Means Trade 

Subcommittee Chairman Sam 

Gibbons (D-FL) on the status of 

the domestic textile industry. 

The Commission received 

262 letters from individual Members of Congress and 202 requests for miscellaneous tariff bill 

reports. These reports provide 

statistical, legal, and industry 

background for use by the House 

Ways and Means and Senate Finance Committees during deliberations on legislation. 

Three Members of Congress 

testified at Commission hearings 

and seven submitted comments 

for the record. In connection with 

the section 332 investigation on 

Mexican trade and investment 

measures, three Members requested field hearings in New 

Mexico, Arizona, and Texas, 

which were well attended by representatives of both the public 

and private sectors. 

27 
OFFICE OF 

. INSPECTOR 

GENERAL 

The Inspector General is responsible for conducting all 

audits and investigations relating 

to Commission programs and operations and for recommending 

and commenting on proposed 

legislation, regulations, and procedures as they affect the Commission's efficiency and effectiveness. The accomplishments of the 

Office of Inspector General are 

included· in a semiannual report 

submitted to Congress in November and May each year. 

Commission programs and 

operations reviewed during FY 

1990 included implementation of 

the administrative protective 

order provision in title VII investigations; compliance with the 

Federal Managers' Financial Integrity Act of 1982; personnel 

management functions and activities; verification of report data in 

title VII investigations; use of 

copy machines by non-Commission personnel; budget formulation and execution; information 

security; and imprest funds. 

Activities in the Office of the 

Inspector General conducted to 

28 

prevent or detect fraud, waste, or 

abuse included establishing the 

Office's role in the Commission 

review process for all proposed 

directives and regulations. The 

Office has also begun a process 

of commenting on proposed legislation. 

The Inspector General has 

been an active member of the 

President's Council on Integrity 

and Efficiency Coordinating Conference (PCIE). The Inspector 

General is the Commission representative for the Audit Committee 

of PCIE's Standards Subcommittee. She is also a member of a 

task force developing an audit 

manual on behalf of the Coordinating Conference for use by 

auditors. 

OFFICE OF 

THE SECRETARY 

The Office of the Secretary 

compiles and maintains the Commission's official records, such as 

petitions, briefs, and other legal 

documents. It issues the Commission's notices, reports, and 

orders, and it schedules and participates in all Commission meetings (30 in FY 1990) and hearings 

(30 days of hearings in FY 1990). 

The Office also has been a repository for historical information on 

the Commission since its founding in 1916. It makes determinations on requests for confidential 

treatment of information, requests for information released 

under protective order, and requests under the Freedom of Information Act (FOIA). 

The following tabulation 

shows the volume of these requests for FY 1990 compared 

with the number in FY 1989: 

Type of request FY FY 

1989 1990 

Requests for 

confidential 

treatment .......... 488 399 

Requests for 

release of 

confidential 

business 

information 

under 

protective 

order ................. 166 124 

FOIA requests: 

Received ........... 77 72 

Granted.· ........... 56 44 

The Office of the Secretary 

receives surety bonds or other 

collateral posted by parties in 

connection with the temporaryexclusion-order phase of section 

337 investigations. The Secretary 

also is authorized to issue seizure 

letters authorizing the U.S. Customs Service to hold certain merchandise when a prohibited importation is attempted. There 

continues to be a need to monitor 

alleged breaches of the Commission's administrative protective 

orders. In FY 1990, a total of 63 

possible breaches were identified. 

In 13 cases, the Commission invoked sanctions; in 25 cases, investigation did not disclose evidence of an actual violation. 

Twenty-five cases are still under 

investigation. 

The next two years will likely 

see a significant change in the 

way the Office receives and processes the thousands of documents 
filed with the Commission each 

year. In FY 1990, 10,731 documents were filed with the Office 

of the Secretary. This number 

was almost identical to the FY 

1989 total of 10,735. When the 

IBM 4331 mainframe computer is 

phased out, the Office will require an alternative system tested 

and ready to use in the docketing 

function. At the same time, the 

Office is looking at improved 

microfilm systems and opticaldisk technology for introduction 

in the 1990s. 

The Office receives an average of almost 200 visitors each 

month-including Commission 

staff-researching its public files. 

Facilities for research by the 

public are in the Office of the . 

Secretary, room 112, and in the 

Commission libraries. 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, telephone 202-252-1000. Publications may be ordered 24 hours a · 

day, seven days a week, by calling 

202-252-1809. 

OFFICE OF 

EXECUTIVE AND 

INTERNATIONAL 

LIAISON 

The principal function of the 

Office of Executive and International Liaison is the management 

of the daily technical assistance 

that the Commission provides to 

the USTR in the operation of the 

trade agreements program and 

the execution of U.S. trade policy. 

The Office is also the channel 

through which assistance is ob-

. tained from U.S. embassies in foreign countries in assembling information for Commission investigations and reports. Major activities during the year included 

assistance to the USTR in its 

work on the Uruguay Round of 

MTN, negotiations with Canada 

on acceleration of removal of 

ITC st.ajf metn~ are ttady M amwcr Ctmtnzissi<merst q~ 41 a Cmmnissitm 

memng (left to right: Lynn Levine. Doniel Duty:. Ma.re Bemstein. tt!UI Tunor 

Yttwt>rski). 

duties under the United StatesCanada Free-Trade Agreement, 

and the preparation of Presidential proclamations implementing 

decisions in U.S. trade policy. 

OFFICE OF THE 

GENERAL COUNSEL 

The General Counsel is the 

Commission's chief legal advisor. 

The General Counsel and the 27 

attorneys in her Office advise the 

Commissioners on Commission 

investigations, prepare briefs and 

represent the Commission in 

court, and provide assistance and 

advice on general administrative 

matters, including ethics, labor 

relations, and contracts . 

Upon request, the Office provides technical assistance to the 

Congress and executive branch 

on tariff and trade matters. 

During the year just concluded, 

the Office provided considerable 

technical assistance and support 

to the U.S. delegations to the 

GA TT Uruguay Round trade negotiations in Geneva. Several of 

the laws administered by the 

Commission are based on GA TT 

articles or codes, and several of 

these GA TT articles and codes 

are the subject of negotiations in 

the current trade round. 

The General Counsel's attorneys were principal drafters of 

several sections of the followup 

versions of The Effects of Greater 

Economic Integration Within the European Community on the United States 

(Investigation No. 332-267). The 

sections involved were those on 

intellectual property, company 

law, taxation, and the legal framework of the European Community. General Counsel attorneys 

also contributed a major section 

to Japan '.s Distribution System and 

Options for Improving U.S. Access 

(Investigation No. 332-283). 

Office attorneys prepared a 

two-volume staff research study 

entitled U.S. Laws and U.S. and EC 

Trade Agreements Relating to 

Nonmarket Economies. The study included a description and analysis 

of the various U.S. and EC bilateral trade agreements with the 

Soviet Union and other 

nonmarket-economy countries as 

29 
well as a complete compendium 

of agreements. The study was 

prepared just before the executive branch began negotiating a 

new trade agreement with the 

Soviet Union, and it was provided 

to the U.S. negotiators and to 

Congress. 

The Law Library continues to 

be an important resource of the 

Office of the General Counsel. It 

contains more than 10,000 volumes related to international 

trade and tariffs, including the 

legislative histories of the trade 

laws administered by the Commission. It participates in an exchange program with other libraries and is open to the public. 

The Office continued to handle a 

heavy load of litigation, which is 

summarized in appendix D. 

OFFICE OF 

PUBLIC AFFAIRS 

The Office of Public Affairs, 

through its Director, is the 

spokesman for the Commission. 

It is responsible for a program of 

internal and external information 

programs designed to enhance 

employee morale and to keep the 

public informed about the Commission, respectively. The Office 

maintains an active relationship 

with the press, keeping it and the 

public informed of Commission 

decisions and studies through 

timely press releases. The Office 

also answers press and public 

queries about the. Commission 

and its activities and arranges for 

press and public contact with the 

Commissioners and Commission 

staff. 

The Office is responsible for 

preparing and disseminating brochures and pamphlets to help the 

public understand the Commission and its mission. It is consulted on the design, production, and 

dissemination of Commission 

publications, such as investigation 

reports, studies, pamphlets, and 

the Commission's annual report. 

This past year, Public Affairs 

handled the arrangements for 

three out-of-town hearings. These 

hearings-in Arizona, New 

Mexico, and Texas-were requested by Members of Congress 

in connection with the investigation of Mexican trade and investment. The Office coordinated 

press coverage and provided 

logistical support both for the 

hearings and for ancillary field 

trips. 

~-ow1itu1tm· 111p.wcft.t•2'--*~Um.Mob. 2'--*i81hQ11111·1 ·-~owlituitmatlilrtmtmfl~--·if. 

Qn Erm~· 

30 
PART IIL 

MANAGEMENT AND FINANCE 

The Commission maintains 

an expert staff of professional 

international trade and nomenclature analysts, investigators, attorneys, economists, data systems 

programmers, and administrative 

support personnel to do the work 

mandated by Congress. The 

Commission had a total of 464 

permanent employees as of September 30, 1990, compared with 

4 71 at the end of the previous 

fiscal year. All Commission personnel are located at 500 E 

Street, SW., Washington, DC. 

The breakdown of their assignments is as follows: 

Nu.m~uof 

Septem~ St, 1990 

Commissioners .................................................... . 

Offices of the Commissioners ............................. . 

Office of the Administrative Law judges ....•........ 

Office of the Secretary ........................................ . 

Office of Public Affairs ........................................ . 

Office of Executive and International Liaison .•... 

Office of Congressional Liaison ........................ .. 

Office of the General Counsel ................... ., ......•. 

Office of Inspector General,.. ............................. . 

Office of the Director of Operations .................. . 

Office of Economics ..................................... . 

Office of Industries ..................................... .. 

Office of Investigations ................................ . 

Office of Tariff Affairs and Trade 

mport Investigations ........ . 

Trade Remedy Assistance Office ................. . 

Office of the Director of Administration ............ . 

Office of Finance and Budget ..................... .. 

Office of Information Resources 

Management ............................................. . 

Office of Management Services .•.................. 

Office of Personnel ...................................... . 

Library Services ........................................... . 

4 

14 

u 

16 

2 

4 

3 

44 

< 2 

2 

29 

l39 

48 

19 

lrS 

2 

4 

12 

26 

40 

13 

12 

464 

31 
The U.S. International Trade 

Commission submits its budget to 

the President for transmittal to 

Congress. The Commission has a 

unique role as an independent, 

quasi-judicial, bipartisan agency 

designed to provide trade experc 

tise to both the legislative and executive branches of the U.S. Government. Thus, Congress provided in section 175 of the Trade 

Act of 1974 (19 U.S.C. 2232) that 

the Commission budget not be 

subject to control by the Office of 

Management and Budget but 

would instead be submitted directly to Congress. 

Item 

During FY 1990, appropriated funds made available to the 

Commission amounted to 

$39,000,000. The Balanced 

Budget and Emergency Deficit 

Control Act of 1985 resulted in a 

$523,000 sequester, which reduced the appropriation amount 

to $38,477,000. Reimbursements 

received totaled $28,000, making 

available a grand total of 

$38,505,000. Obligations for FY 

1989 and FY 1990 were as follows (in thousands of dollars): 

FY FY 

1989 1990 

Salaries and personnel benefits ...................... . 23.314 25.091 

Travel and transportation ............................... . 

Rental and communications services .............. . 

648 617 

7.414 7,332 

2,787 2,755 

Printing and reproduction ............................. .. 

Equipment, supplies, and material ................ .. 

202 245 

l.373 1.626 

Subtotal .................................................... . 35,738 37.666 

Relocation ....................................................... . 1(4) 

Total ........................................................ .. 35.734 37.666 

1 Related to the Commission's relocation, which was completed in January 1988. 

2 Not applicable. 

32 
FIGURE 1 

SUMMARY OF PRINCIPAL ACTIVITIES, 

FISCAL YEAR 1990 

Basic research; trade 

agreements activities; 

reports on production 

and imports of 

chemical products; 

summaries of trade 

and tariff information; 

tariff classification and 

enumeration; section 

22 of the Agricultural 

Adjustment Act. 

26.7% 

Executive direction 

and administration. 

23.0% 

Investigations under 

sections 201and406 of 

the Trade Act of 197 4. 

Less than 1.0%---

Investigations on the probable economic 

effects of granting concessions during 

multilateral trade negotiations or 

granting duty-free treatment through 

implementation of the Generalized 

System of Preferences. 

4.8% 

Investigating unfair import 

practices under section 337 of 

the Tariff Act of 1930; section 

603 of the Trade Act of 1974; 

and miscellaneous studies. 

8.0% 

Furnishing 

information and 

technical assistance 

to the Congress, 

other agencies, and 

the public. 

8.1% 

Antidumping and 

countervailing duty 

investigations. 

Investigations under 

section 332 of the 

Tariff Act of 1930; 

special studies . 

......._ __ 19.2% 

33 
FIGURE 2 

COMMISSION ORGANIZATION AND FUNCTIONS 

Chairman 

COMMISSION 

I 

I I I I I 

Office of the Office of Office of Office of the Office of 

Administrative Congressional Office of the Office of Executive and General Inspector Secretary Public Affairs International Law Judges Liaison Liaison Counsel General 

Director of Director of 

Operations Administration 

I I I I I I 

Office of Office of Office of 

Office of Office of Office of Office of Information 

Economics Industries Investigations Finance Management Personnel Resources and Budget Services Management 

I I I 

Office of Trade Remedy Office of Tariff Affairs Library andTrade Assistance Unfair Import Services 

Agreements Office Investigations 

34 
The Commission 

Office of the Hears and decides unfair trade practice cases brought under section 

Administrative Law Judges 337 of the Tariff Act of 1930. 

Office of Public Affairs Advises Commissioners and senior staff in public relations 

matters and plans and administers the media relations program. 

Office of the General The Commission's principal legal advisor, responsible for litigation, 

Counsel input on investigations, and reports on proposed legislation. 

Office of Industries 

Office of Tariff Affairs 

and Trade Agreements 

Trade Remedy Assistance 

Office 

Supervises all substantive work of the Offices of Investigations, Industries, 

Economics, Tariff Affairs and Trade Agreements, Unfair Import 

Investigations, and Trade Remedy Assistance Office. 

Provides technical and economic information and assessments of 

U.S. industries and merchandise trade. 

Prepares reports on tariff legislation, publishes U.S. tariff schedule, 

chairs import-export statistical committee, and participates in Harmonized System Committee. 

Provides information to the public on remedies and benefits 

available under U.S. trade laws and offers technical assistance 

to eligible small businesses seeking relief under the trade remedy laws. 

Responsible for the budget, payroll, and accounting functions. 

Office of Management Coordinates mail, supply, and building maintenance services and 

Services editorial, design, printing, and procurement functions. ~~_,... ....... ~~~~~~~~~ ~~~~~_,...~...-~-

Ollee Of~ elaSsiLibrary Services Provides library services (other than law) through the National Library 

of International Trade. 

35 
FIGURE 3 

STATUTORY TIMETABLES FOR 

ANT/DUMPING AND COUNTERVAILING 

DUTY INVESTIGATIONS 

u·,}·~· ... ·• 

36 

Total 

days 

340 

310 

370 .~ 

330 

390 

360 

420 

Total 

days 

205 

235 

270 

300 
APPENDIXES 

Appendix A 

Summary of Investigations Completed During FY 1990 and Pending on 

September 30, 1990 

Table 1 

General investigations of trade and tariff matters completed under sec. 332 of the Tariff Act of 1930, 

FY 1990 

Investigation No. 

332-273 

332-274 

332-275 

332-278 

332-279 

and 

TA-503(a)-18. 

332-280 

332-281 

332-284 

Subject 

Certain final judicial 

decisions relating to 

tariff treatment. 

Investigation with respect 

to the operation of the 

harmonized system subtitle 

of the Omnibus Trade and 

Competitiveness Act of 

1988. 

Competitive position of the 

U.S. gear industry in U.S. 

and global markets. 

United States-Canada 

Free-Trade Agreement: 

Probable economic effect 

on U.S. industries and 

consumers of accelerated 

elimination of U.S. 

tariffs on certain 

articles from Canada. 

Presidenrs list of 

articles which may be 

designated or modified 

as eligible articles 

for purposes of the 

U.S. Generalized 

System of Preferences. 

Survey of views on the 

impact of granting most 

favored nation status 

to the Soviet Union. 

Estimated tariff equivalents 

of U.S. quotas on agricultural imports and 

analysis of competitive 

conditions in U.S. and 

foreign markets for 

sugar, meat, peanuts, 

cotton, and dairy products. 

Probable economic effect of 

redesignation of certain 

articles from certain 

countries as eligible 

tor duty-free treatment 

under the U.S. Generalized 

System of Preferences. 

See footnotes at end of table. 

Origin 

Required by subsec. 

1211(d) of the Omnibus 

Trade and Competitiveness 

Act of 1988. 

Required by sec. 1216 

of the Omnibus Trade and 

Competitiveness Act of 

1988. 

Request from the United States 

Trade Representative. 

Request from the United States 

Trade Representative, 

pursuant to authority 

delegated by the President. 

Request from the United States 

Trade Representative. 

Request from the Committee 

on Finance, U.S. Senate. 

Request from the United States 

Trade Representative. 

Request from the United States 

Trade Representative. 

USITC Publication 

No. 

2309 

2296 

2278 

2236 

2251 

22762 

2280 

2256 

(vols. I 

and II) 

Date 

August 1990 

June 1990 

April 1990 

October1989 

December 1989 

January 1990 

April 1990 

April 1990 

February 1990 

37 
38 

Table I-Continued 

General investigations of trade and tariff matters completed under sec. 332 of the Tariff Act of 1930, 

FY 1990 

lnvestl· 

gatlonNo. Subject Origin 

332-285 Durum wheat: Conditions of 

conipetitk>n between lhe U.S. 

and Canadian industries. 

Requesffrom the Committee 

.on Ways and·Means; U.S. 

House of Representatives 

and from the Committee 

332-286 

332-290 

and. 

TA:503(a)-20~ 

TA-131(b)-15 

Conditions of competition between United Stiltesand Mexican-fabricated 

auto111otive glass in the 

U.S .. markel . 

Pres~r11 li11tof ~swhk:hmay 

be designated· or mOd~ ai; eligible ·a~11 for purposes of the U.S. Generalized 

system of Preferences. 

Probable economic effect 

of multilateral removal 

of trade barriers on 

imports of sugar; meat, 

peanuts, cotton, and 

dairy products. 

1 Confidential report; no publication 

number. is assigned. 

2 In order to avoid the appearance of a 

conflict of interest, Chairman Brunsdale 

recu118d herself from consideratk>n of the 

portion of this investigation that has to do 

with the sugar industry; 

on Finance, U.S. Senate, 

Request from the ,United States 

Trade Representative. 

Request .from the United States 

Trade Repre5entatiV9. 

Requestfrom the United States 

Trade Representative. 

3 Coinmis11ioner Rohr reeused himself 

from the investigatk>n in order to avoid the 

possible.appearance of a conflict of · interest. 

USl:T~ Publh;latlon 

No. Oat• 

2274 June1990 

22993 July1990 

2289 .June1990 

September 1990 
Table 2 

General investigations of trade and tariff matters under sec. 332 of the Tariff Act 

of 1930 pending on Sept. 30, 1990 

USITC Publication 

Invest!-

gatlon No. Subject Origin No. Date 

332-175 Rum: Annual report on Reiuest from the Committee 2288 July 1990 

selected economic on inance, U.S. Senate. 

indicators. 

332-191 Nonrubber footwear quarterly Reiuest from the Committee 2249 January 1990 

statistical reports. on inance, U.S. Senate. 2266 March 1990 

2293 June 1990 

2313 September 1990 

332-200 Competitive position of Instituted by the U.S. Inter- (1) (1) 

U.S. producers of national Trade Commission 

semiconductors. on its own motion. 

332-207 Monthly reports providing Re~uest from the Subcomittee 2229 October 1989 

information on the U.S. on rade, Committee on Ways 2238 November 1989 

auto industry. and Means, U.S. House of 2244 December 1989 

Representatives. 2252 January 1990 

2259 February 1990 

2267 March 1990 

2279 ~ril 1990 

2287 ay 1990 

2294 June 1990 

2300 July 1990 

2308 August 1990 

2320 September 1990 

332-226 Monthly reports on the Re~uest from the Subcommittee 2227 October 1989 

status of the steel on rade, Committee on Ways 2230 November 1989 

industry. and Means, U.S. House 2241 December 1989 

of Representatives. 2248 January 1990 

2258 February 1990 

2262 March 1990 

2270 April 1990 

2283 May 1990 

2290 June 1990 

2298 July 1990 

2301 August 1990 

2310 September 1990 

332-227 Annual re~rt on the impact Sec. 215(a~ Caribbean Basin 2321 September 1990 

of the Canbbean Basin Economic ecovery Act. 

Economic Recov:?' Act on U.S. industries an 

consumers. 

332-237 Production sharing: U.S. Instituted by the U.S. Inter- 2243 December 1989 

imports under Harmonized national Trade Commission 

Tariff Schedule subheadings on its own motion. 

9802.00.60 and 9802.00.80 

(formei items 806.30 

and 80 .00 of the Tariff 

Schedules of the United 

States). 

332-252 Annual surveys on Presidential Proclamation (2) March 1990 

ammonium paratungstate, 5718. 

tungstic acid, and 

tungsten oxide. 

332-262 The economic effects of significant U.S. import restraints. 

Reiuest from the Committee 2314 September 1990 on inance, U.S. Senate. 

332-264 U.S. imports of lamb meat As required by sec. 1937 

of the Omnibus Trade and 

2261 3 December 1989 

Competitiveness Act of 1988. 

See footnotes at end of table. 

39 
Table 2-Continued 

General investigations of trade and tariff matters under sec. 332 of the Tariff Act 

of 1930 pending on Sept. 30, 1990 

USITC Publlcatlon 

Invest!-

gallon No. Subject Origin No. Date 

332-267 The effects of greater Request from the Committee 2268 March 1990 

economic integration on Ways and Means, U.S. 2318 September 1990 

within the European House of Representatives, 

Community on the and the Committee on 

United States. Finance, U.S. Senate. 

332-282 Review of Mexico's recent Request from the Committee 2275 April 1990 

trade and investment on Ways and Means, U.S. 

liberalization measures House of Representatives. 

and prospects for future 

United States-Mexican 

trade relations.Phase I: 

Recent trade and investment 

reforms undertaken by 

Mexico and implications for 

the United States. 

332-283 Japan's distribution Rawest from the Committee 2291 June 1990 

system and options on ays and Means, U.S. 

for improving U.S. House of Representatives. 

access. 

332-287 International agreements Reiuest from the Committee (1) (1) 

to protect the environment on inance, U.S. Senate. 

and wildlife. 

332-288 Ethyl alcohol for fuel use: 

Determination of the base 

Sec. 7 of the Steel 

Trade Liberalization 

(1) (1) 

quantity of imports. Program Implementation 

Act 

332-289 Steel industry: Annual Request from the United States 2316 September 1990 

report on comletitive Trade Representative. 

conditions in e 

industry and industry 

efforts to adjust and 

modernize. 

332-291 Tuna: Competitive Request from the (1) (1) 

conditions affecting Committee on Finance, 

the U.S. and European U.S. Senate, and the 

tuna industries in Committee on Ways and 

domestic and foreign Means, U.S. House of 

markets. Representatives. 

332-292 California pesticide 

residue initiative: 

Request from the United States 

Trade Representative. 

2323 September 1990 

Probable effects on U.S. international 

trade in agricultural 

food products. 

332-293 Services: Compilation 

and identification of 

Request from the United States 

Trade Representative. 

(1) (1) 

U.S. measures that may 

not conform with 

principles the United 

States is seeking in 

the Uruguay Round. 

332-294 Identification of U.S. Reiuest from the Committee 2319 September 1990 

advanced-technology on inance, U.S. Senate. 

manufacturing industries 

for monitoring and 

possible comprehensive 

study. 

40 
Table 2-Continued 

General investigations of trade and tariff matters under sec. 332 of the Tariff Act 

of 1930 pending on Sept. 30, 1990 

USITC Publlcatlon 

lnveatl· 

gallon No. 

332-295 

and 

TA-503(a)-21. 

332-296 

Subject 

Presidenrs list of articles 

which may be designated or modified as eligible artides 

for purposes of the U.S. 

Gerieralized System of 

Preferences. 

Ice hockey pants and monofilarrient polyurethane yams: 

Probable economic effect of 

elimination of U.S. tariffs 

under the United States-Canada 

Free-Tracie Agreement. 

Origin 

Request from the United States 

Trade Representative. 

Request from the United States 

Trade Representative. 

1 Not applicable. 3 Investigation 332-264 (Interim Report) was completed in December 1989. The 

public report, USITC Publication 2261, was 

issued in February 1990. 

2 Confidential report; no publication 

number is assigried. 

No. Date 

41 
Table 3 

Investigations completed under sec. 337 of the Tariff Act of 1930, FY 1990 

Date of publication USITC 

of notice In Federal Finding and Date Publi· 

Article Complaint Register and Public remedy of orders cation 

concerned Complainant filed Investigation No. hearing Commission issued No. 

Certain electric Makita, USA, Inc.; 4-1-88; 8-17-88; (1) Vioiation2 2-20-90 (1) 

power tools, Cerritos, CA. 7-7-88, 337-TA-284. 

battery 7-25-88, 

cartridges, Makita Corp. 7-27-88, 

and battery of America; and 

chargers. Buford, GA. 7-29-88 

(supplements). 

Certain Julius Blum, Inc.; 11-23-88; 12-28-88; (1) Terminatecfl 12-28-89 (1) 

concealed Stanley, NC. 12-13-88 337-TA-289. 

cabinet hinges (suppleand mounting ment). 

plates. 

Certain wire Elox Corp.; 1-23-89; 3-8-89; (1) Violation4 3-9-90 (1) 

electrical dis- Davidson, NC. 2-8-89 337-TA-290. 

charge (supplemachining A.G. Fur lndusb'ielle ment). 

apparatus and Elektronik (AGIE); 

components Losone, Switzerland. 

thereof. 

Certain insulated John D. Brush 1-25-89; 3-8-89; (1) Terminated; 4-10-90 (1) 

security chests. & Co., Inc.; 2-8-89 337-TA-291. no violation. 

Rochester, NY. (supplement). 

Cer<.ain methods General Foods 1-31-89; 3-8-89; (1) Terminated; 3-8-90 (1) 

of making Corp.; 2-21-89 337-TA-292. no violation. 

, carbonated White Plains, NY. (amendcandy products. ment& 

Carbonated Candy suppleVentures; ment). 

Buffalo, NY. 

Pop Rocks, Inc.; 

Stamford, CT. 

Certain crystal- Bristol-Myers Co.; 2-1-89; 3-15-89; (1) Violations 3-15-90 (1) 

line cefadroxil New York, NY. 2-24-89 337-TA-293. 

monohydrate. (supplement). 

Certain novelty Homespun Imports, 3-7-89; 4-13-89; (1) Violations 4-11-90 (1) 

teleidoscopes. Inc,. d/b/a Silver 3-29-89, 337-TA-295. 

Deer Ltd.; 3-30-89, 

Boulder, CO. and 

4-3-89 

(supplements). 

Certain pheny- Phillips Petroleum 3-20-89; 4-27,-89; (1) Terminated7 12-21-89 (1) 

lene sulfide Co.; 4-5-89 337-TA-296. 

polymers, Bartlesville, OK. and 

polymer com- 4-6-89 

pounds, and (suppleproducts con- ments). 

taining same 

Certain cellular Motorola, Inc.; 4-19-89; 5-31-89; (1) Terminated7 12-29-89 (1) 

radiotelephones Schaumberg, IL 5-9-89 337-TA-297. 

and subassem- {suppleblies and com- ment). 

ponentparts 

thereof. 

See footnotes at end of table. 

42 
Table 3-Continued 

Investigations completed under sec. 337 of the Tariff Act of 1930, FY 1990 

Date of publication USITC 

of notice In Federal Finding and Date PubllArticle Complaint Register and Public remedy of orders cation 

concerned Complainant filed investigation No. hearing Commission Issued No. 

Certain low- GWN, Inc., d/b/a 4-26-89; 5-31-89; (1) Terminated8 11-24-89 (1) 

friction drawer Delta Industries; 5-9-89 337-TA-298. 

supports, com- Chatsworth, CA. (suppleponents thereof, men!}. 

and products 

containing same. 

Certain imported Amoena Corp.; 6-2-89; 8-2-89; (1) Terminated7 4-13-90 (1) 

artificial breast Marietta, GA. 7-6-89 337-TA-301. 

prostheses and and 

the manufac- 7-21-89 

turing processes (suppletherefor. ments). 

Certain self- Cascade Designs, 7-10-89 8-16-89; (1) Terminated9 4-11-90 (1) 

inflating Inc.; Seattle, WA. 337-TA-302. 

mattresses. 

Certain aramid Hexcel Corp.; 9-27-89 11-8-89; (1) Terminated8 8-31-90 (1) 

fiber honeycomb, Dublin, CA. 337-TA-305. 

unexpanded 

block or slice 

precursor of 

sucharamid 

fiber honeycomb & carved or contoured 

blocks, etc. 

Certain bath Baldwin Hardware 9-28-89; 11-8-89; ( 1) Terminated8 6-26-90 (1) 

accessories and Corp.; 10-23-89 337-TA-306. 

component Reading, PA. (suppleparts thereof. ment). 

Certain catalyst Himont Inc. & 10-6-89; 11-8-89; (1) Terminated10 7-16-90 (1) 

comhonents and Himont U.S.A., Inc.; 10-19-89 337-TA-307. 

cata ysts for the Wilmington, DE. (supplepolymerization ment). 

of olefins. 

Certain key Medeco Security 10-26-89 11-29-89; (1) Violation11 8-23-90 (1) 

blanks for keys Locks, Inc.; 337-TA-308. 

of high-secunty Salem, VA. 

cylinder locks. 

Certain athletic Autry Industries, 12-15-89 1-24-90; (1) Terminated7 8-7-90 (1) 

shoes with Inc.; 337-TA-309. 

viewing windows. Dallas, TX. 

Certain Roussel-UCLA, 2-12-90; 3-21-90; (1) Terminated7 6-7-90 (1) 

pyrethroids and S.A.; 3-9-90 337-TA-310. 

pyrethroid- Paris, France (supplebased insecti- ment). 

cides. UCLAF Corp.; 

Englewood, NJ. 

Roussel Bio Corp.; 

Englewood, NJ. 

See footnotes at end of table. 

43 
44 

Table 3-Continued 

Investigations completed under sec. 337 of the Tariff Act of 1930, FY 1990 

Article 

concerned Complalnant 

Certain dynamic SGS-Thomson 

random access Microelectronics, 

memories, Inc.; 

static random Carrollton, TX. access memories, 

components 

thereof, and 

products 

containing same. 

1 Not applicable. 

2 Cease-and-desist order. President 

took no action; became final 5-1-90. 

3 Dismissed with prejudice, no violation. 

4 Limited exclusion order and 

cease-and-desist order. President took no action; became final 5-2-90. 

Date of publlcatlon 

of notice In Federal 

Complaint Register and Public 

filed Investigation No. hearing 

3-26-90; 5-3-90; (1) 

4-13-90 337-TA-312. 

(supplement). 

5 Limited exdusion order and 

cease-and-desist order. President took no action; became final 5-15-90. 

6 Limited exclusion order. President 

took no action; became final 6-10-90. 

7 Settlement agreement 

e Consent order. 

9 Voluntarily dismissed with prejudice. 

USITC 

Finding and Date Publlremedy of orders cation 

Commission Issued No. 

Terminated7 8-29-90 (1) 

10 For lack of an indispensable party. 

11 Limited exclusion order. Presidential 

review period not over at end of fiscal year. 
Table 4 

Investigations under sec. 337 of the Tariff Act of 1930 pending on Sept. 30, 1990 

Articles 

concerned 

Certain doxorubicin and preparations 

containing same. 

Certain polymer geogrid 

products and processes 

therefor. 

Certain pressure transmitters 

Certain air impact wrenches 

Certain process, apparatus, and 

components thereof for the production 

of spunbond nonwoven fabric, and 

fabric made therefrom. 

Certain battery-powered ride-on 

toy vehicles and components 

thereof. 

Certain plastic encapsulated 

integrated circuits. 

Certain power transmission chains, 

chain components thereof, and 

products containing the same. 

Certain internal mixing devices 

and components thereof. 

Certain antiknock ignition 

systems and automobiles 

or automobile component parts 

containing same. 

Complainant 

Erbamont, Inc.; 

Stamford, CT. 

Tensar Corp.; 

Morrow, GA. 

Rosemount, Inc.; 

Eden Prairie, MN. 

Ingersoll-Rand Co.; 

Liberty Corner, NJ. 

Kimberly-Clark Corp.; 

Roswell, GA. 

Kransco; 

San Francisco, CA. 

Texas Instruments Inc.; 

Dallas, TX. 

Borg-Warner Corp.; 

Chicago, IL. 

Borg-Warner Automotive, Inc.; 

Sterling Heights, Ml. 

Farrel Corp.; 

Ansonia, CT. 

John A. McDougal, P.E.; 

Detroit, Ml. 

Complaint 

flied 

5-21-89; 

6-5-89 

(supplement). 

8-10-89; 

8-31-89 

(supplement). 

9-15-89; 

10-6-89 

(supplement). 

3-26-90· 

4-12-00' 

and 

4-20-90 

(amendment). 

4-2-90; 

4-19-90 

(supplement). 

5-15-90; 

6-8-90 

(supplement). 

7-19-90 

7-9-90; 

7-13-90, 

7-17-90, 

and 

7-25-90 

(supplement 

& amendment). 

7-24-90· 

8-8-90 . 

(amendment) 

$-9-90, 

8-10-90 

(supplements). 

8-20-90; 

9-5-90 

(supplement). 

Date of publication 

of notice In Federal 

Register and 

Investigation No. 

6-21-89; 

337-TA-300. 

9-20-89; 

337-TA-303. 

10-20-89; 

337-TA-304. 

5-3-90; 

337-TA-311. 

5-9-90; 

337-TA-313. 

6-20-90· 

337-TA-314. 

8-15-90· 

337-TA-315. 

8-15-90· 

337-TA-316. 

8-29-90· 

337-TA-317. 

9-27-90· 

337-TA-318. 

45 
Table 5 

Countervailing duty investigations completed under sec. 701 of the Tariff Act of 1930, 

FY 1990 

Final Investigation 

Preliminary Investigation (a) Advice 

(a) Request received 

received from 

(b) Confer· Commerce 

ence fb) Hearing 

(c) Re~rt USITC c) Re~rt to ecre· Pub- to ere- USITC 

Article tary of Not Ilea- ~~m- Not Publi· 

lnvestlga- con- Com· Affirm a- Neg a· particl· tion Affirm a- Neg a· partlcl- cation 

tlon No. cerned merce tlve tlve pa ting No. merce tlve tlve patlng. No. 

701-TA-299 Aluminum (1) (1) (1) (1) (1) (a) 8-9-89 Cass Brunsdale (1) 2242 

sulfate (b) 10-26-89 Eckes 

from (c) 12-6-89 Lodwick 

Venezuela. Rohr 

Newquist 

701-TA-301 Plastic 

i~l 11-7-89 Brunsdale Eckes (1) 2246 (1) (1) (1) (1) (1) 

tubing 11-28-89 Cass Lodwick 

corru- c) 12-22-89 Rohr 

~~rs Newquist 

Canada. 

701-TA-302 Fresh (a) 2-28-90 Brunsdale (1) (1) 2272 (1) (1) (1) (1) <1> 

and (b) 3-21-90 Cass 

chilled (c) 4-16-90 Eckes 

Atlantic Lodwick 

salmon Rohr 

from Newquist 

Norway. 

701-TA-303 Certain (a) 7-9-90 Brunsdale (1) (1) 2307 (1) (1) (1) (1) (1) 

sodium (b) 7-31-90 Lodwick 

sulfur (c) 8-23-90 Rohr 

chemical Newquist 

compounds 

from 

Turkey. 

1 Not applicable. 

46 
Table 6 

Antidumping investigations completed under sec. 731 of the Tariff Act of 1930, FY 1990 

Final Investigation 

Preliminary Investigation (a) Advice 

(a) Request received 

received from 

(b) Confer· Commerce 

ence (b) Hearing 

(c) Re~ USITC (c) Reci 

to e- Pub- to re- USITC 

Article tary of Not lica· 

!:ftomNot Publi· 

lnvestlga- con· Com· Afflrma- Neg a- partlcl· tlon Afflrma- Nega· partlcl· cation 

tion No. cerned merce tive tlve pa ting No. merce tive tlve pa ting No. 

731-TA-341 Tapered (1) (1) (1) (,) (,) (a) 11-6-89 (,) Brunsdale (1) 2245 

(Remand). roller (b) (1~ Cass 

bearings (c) 1 -21-89 Eckes 

and parts Lodwick 

thereof Rohr 

andcer- Newquist ta in 

~ousings 

incorporating tall: red rolers 

from 

Hungary. 

731-TA-426 Certain (1) (,) (1) (,) (1) (a) 8-2-89 Eckes Brunsdale (,) 2237 

and telephone (b) 10-31-89 Rohr Cass 

731-TA-428. systems (c) 11-29-89 Newquist Lodwick 

and subassemblies 

thereof 

from 

Japan 

and 

Taiwan. 

731-TA-427 Certain ,,) ,,) (1) (,) (,) (a) 8-2-89 Eckes Brunsdale (1) 2254 

telephone (b) 10-31-89 Rohr Cass 

systems (c) 1-31-90 Newquist Lodwick 

and subassemblies 

thereof 

from 

the 

Republic 

of Korea. 

731-TA-429 Mechani- (1) (,) (,) (,) (1) (a) 8-18-89 Cass Brunsdale (,) 2257 

cal trans- (b) 1-4-90 Eckes 

fer pres- (c) 2-8-90 Lodwick 

ses from Rohr 

Japan. Newquist 

731-TA-431 Aluminum (1) (1) (1) (,) (,) (a) 8-9-89 Cass Brunsdale (1) 2242 

sulfate ~b) 10-26-89 Eckes 

from c) 12-6-89 Lodwick 

Venezuela. Rohr 

Newquist 

731-TA-432 Drafting 

machines 

(1) (1) (1) (1) (1) (a) 8-25-89 Brunsdale (1) (1) 2247 

(b) 11-14-89 Cass 

and parts 

thereof 

(c) 12-22-89 Eckes 

Lodwick 

from Rohr 

Japan. Newquist 

See footnotes at end of table. 

47 
Table 6-Continued 

Antidumping investigations completed under sec. 731 of the Tariff Act of 1930, FY 1990 

Final Investigation 

Preliminary Investigation (a) Advice 

(a) Request received 

received from 

(b) Confer- Commerce 

ence (b) Hearing 

(c) Rec USITC (c) Rec 

to e- Pub- to e- USITC 

Article tary of Not Ilea-

!:JiomNot Publilnvesllga- con- Com- Affirms- Neg a- partlci- lion Afflrma- Neg a- particl- cation 

lion No. cerned merce tlve tive pa ting No. merce live tive pa ting No. 

731-TA-433 Certain (1) (1) (1) (1) (1) (a) 10.S-89 Lodwick Brunsdale (1) 2253 

residen- !b) 12-21-89 Cass 

tial door c) 2-2-90 Eckes 

locks and Rohr 

parts Newquist 

thereof 

from Taiwan. 

731-TA-435 Certain 

steel 

(1) (1) (1) (1) (1) (a) 11-15-89 

(b) 3-27-90 

(1) Brunsdale 

Cass 

(1) 2277 

~ails (c) 5-7-90 Eckes 

om Lodwick 

Mexico. Rohr 

Newquist 

731-TA-438 Limou- (1) (1) (1) (1) (1) (a) 1-9-90 (1) (1) (1) (1) 

~erminated sines 

-29-90). from 

Canada. 

731-TA-439 Industrial (a) 9-19-89 Brunsdale (1) (1) 2231 (a) 3-1-90 Brunsdale (1) (1) 2295 

throu~h nitro- (b) 10-11-89 Cass (b) 5-29-90 Eckes 

731- A-444. cellulose (c) 11-3-89 Eckes (c) 6-28-90 Lodwick 

from Lodwick Rohr 

Brazil, Rohr Newquist 

Japan, Newquist 

People's 

Re8ublic 

of hina, 

Republic 

of Korea, 

United 

~~dom, 

West 

Germany. 

731-TA-445 Industrial (a) 9-19-89 Brunsdale (1) (1) 2231 (1) (1) (1) (1) (1) 

nitro- !b) 10-11-89 Cass 

cellulose c) 11-3-89 Eckes 

from Lodwick 

Yugo- Rohr 

slavia. Newquist 

731-TA-446 Poly- (a) 9-22-89 (1) Brunsdale (1) 2233 (1) (1) (1) (1) (1) 

and chloro- ~b) 10-13-89 Cass 

731-TA-447. ~rene c) 11-6-89 Eckes 

om Lodwick 

France Rohr 

and Newquist 

West 

Germany. 

See footnotes at end of table. 

48 
Table 6--Continued 

Antidumping investigations completed under sec. 731 of the Tariff Act of 1930, FY 1990 

Final Investigation 

Preliminary Investigation (a) Advice 

(a) Request received 

received from 

(b) Confer- Commerce 

ence (b) Hearing 

(c) Rec USITC (c) Rec 

to e- Pub- to e- USITC 

Article tary of Not Ilea-

!:f'&mNot Pub Iilnvestlga- con- Com- Afflrma- Neg a- partlcl- tlon Afflrma- Nega- partlcl- cation 

tion No. earned merce live tlve pa ting No. merce tlve tlve pa ting No. 

731-TA-448 Sweaters (a) 9-22-89 Brunsdale (1) (1) 2234 (a) 4-27-90 Lodwick Newquist Bruns- 2312 

throu~h wh_olly lb) 10-12-89 Cass (b) 8-9-90 Rohr dale2 

731- i\-450. or in c) 11-8-89 Eckes (c) 9-10-90 

chief Lodwick 

weight Rohr 

of man- Newquist 

made 

fiber 

from 

Hong 

Kong, 

the 

Republic 

of 

Korea, 

and 

Taiwan. 

731-TA-451 Graran !~~ 9-26-89 Brunsdale (1) New- 2235 (a) 4-6-90 Brunsdale Rohr New- 2305 

port d 10-17-89 Cass quist3 (b) 7-19-90 Lodwick quist3 

cement (c) 11-13-89 Eckes (c) 8-23-90 

and Lodwick 

cement Rohr 

clinker 

from 

Mexico. 

731-TA-452 Pressure- (a~ 1-19-90 (1) Brunsdale (1) 2265 (1) (1) (1) (1) (1) 

sensitive (b 2-9-90 Cass 

PVC (c) 3-5-90 Eckes 

battery Lodwick 

covers Rohr 

from Newquist 

West 

Germany. 

731-TA-453 Electro- (a) 2-27-90 Brunsdale Eckes (1) 2273 (1) (1) (1) (1) (1) 

mechan-

!~~ 3-20-90 Cass Lodwick 

ical digital 4-13-90 Rohr 

counters Newquist 

from 

Brazil. 

731-TA-454 Fresh ~a) 2-28-90 Brunsdale <1) (1) 2272 (1) (1) (1) (1) (1) 

and b) 3-21-90 Cass 

chilled (c) 4-16-90 Eckes 

Atlantic Lodwick 

salmon Rohr 

from 

Norway. 

Newquist 

See footnotes at end of table. 

49 
Table 6-Continued 

Antidumping investigations completed under sec. 731 of the Tariff Act of 1930, FY 1990 

Final Investigation 

Preliminary Investigation (a) Advice 

(a) Request received 

received from 

(b) Confer- Commerce 

ence (b) Hearing 

(c) Rec USITC (c) Rec 

to e- Pub- to e- USITC 

Article tary of Not Ilea- ta to Not Publilnvestlga- con- Com- Affirms- Neg a- particl- tlon of m- Affirms- Negs- partlcl- cation 

tlon No. cerned merce tlve tive paling No. merce tlve tive pa ting No. 

731-TA-455 Multi- (a) 3-19-90 Eckes Brunsdale (1) 2282 (1) (1) (1) <1> (1) 

angle ~b) 4-11-90 Lodwick Cass 

laser c) 5-3-90 Rohr 

light- Newquist 

scattaring 

instrumen ts 

and 

parts 

thereof 

from 

Japan. 

731-TA-456 Photo- (a) 3-20-90 Brunsdale (,) <1) 2281 (1) (1) (1) (1) (1) 

type- (b) 4-11-90 Cass 

setting (c) 5-4-90 Eckes 

and Lodwick 

image- Rohr 

settin11 Newquist 

machines 

and subassemblies 

thereof 

from 

West 

Germany. 

731-TA-457 Heavy (a) 4-4-90 Brunsdale (1) (1) 2284 (1) (1) (1) (1) (1) 

forged (b) 4-25-90 Cass 

handtools (c) 5-21-90 Eckes 

from Lodwick 

the Rohr 

People's Newquist 

Republic 

of 

China. 

731-TA-458 Poly- (a) 4-27-90 Cass (1) Bruns- 2292 (1) (1) (1) (1) (1) 

throu~h ethylene (b) 5-18-90 Eckes dale4 

731- A-460. tereph- (c) 6-11-90 Lodwick 

th al ate Rohr 

film, Newquist 

sheet, 

and 

strip 

from 

Japan, 

Republic 

of Korea, 

and Taiwan. 

731-TA-461 Gray (a) 5-18-90 Brunsdale Eckes (,) 2297 (1) (1) (1) (1) (1) 

portland (b) 6-8-90 Lodwick 

cement (c) 7-2-90 Rohr 

and Newquist 

cement 

clinker 

from 

Japan. 

See footnotes at end of table. 

50 
Table 6--Continued 

Antidumping investigations completed under sec. 731 of the Tariff Act of 1930, FY 1990 

Final Investigation 

Preliminary Investigation (a) Advice 

(a) Request received 

received from 

(b) Confer- Commerce 

ence (b) Hearing 

(c) Re~ USITC (c) Re~t to e- Pub- to re- USITC 

Article tsry of Not lies- tary Not Publilnvestigs- con- Com- Affirms- Negs- particl- tlon of Com- Affirms- Negs- psrtici- cation 

lion No. cerned merce tive tlve pa ting No. merce tlve tive pating No. 

731-TA-462 Benzyl (a) 6-29-90 Brunsdale (1) (1) 2303 (1) (1) (1) (1) (1) 

~araben (b) 7-20-90 Lodwick 

om (c) 8-13-90 Rohr 

Japan. Newquist 

731-TA-463 Benzyl (a) 6-29-90 (1) (1) (1) (1) (1) (1) (1) (1) (1) 

9erminated ~araben -16-90). om 

United 

Kingdom. 

731-TA-464 Sparklers (a) 7-2-90 Brunsdale (1) (1) 2306 (1) (1) (1) (1) (1) 

from the (b) 7-24-90 Lodwick 

People's (c) 8-16-90 Rohr 

Re8ublic Newquist 

of hina. 

731-TA-465 Certain (a) 7-9-90 Bruns- Bruns- (1) 2307 (1) (1) (1) (1) (1) 

throu~h sodium lb) 7-31-90 dale5 dale7 

731- A-468. sulfur c) 8-2a-90 Lodwick6 Lodwick8 

chemical Rohr6 Rohr8 

compounds New- Newquist8 

from quist6 

West 

Germany, 

China, 

Turkey, 

andthe 

United 

Kingdom. 

731-TA-469 High- (a) 7-18-90 Brunsdale (1) (1) 2311 (1) (1) (1) (1) (1) 

infor- (b) 8-7-90 Lodwick 

mation- (c) 9-5-90 Rohr 

content Newquist 

fiatpanel 

displaJ5 

an 

subassemblies 

thereof 

from 

Japan. 

1 Not applicable. 4 Chairman Brunsdale recused herself from 7 With respect to imports of Sodium 

2 Chairman Brunsdale recused herself from the investigation in order to avoid the Thiosulfate from West Germany, China, Turkey, 

appearance of an impropriety. and the United Kintdom and Sodium the investigation in order to avoid the s With respect to imports of Sodium Metabisulfite from hina and Turkey. appearance of a conflict of interest. Metabisulfite from the United Kingdom. 8 With respect to imports of Sodium 3 Commissioner Newquist recused himself s With respect to imports of Sodium Metabisulfite from West Germany, China, 

from the investigation to avoid the possible Thiosulfate from West Germany, China, and the Turkey, and the United Kingdom and Sodium 

appearance of a conflict of interest. United Kingdom. Thiosulfate from Turkey. 

51 
Table 7 

Antidumping and countervailing duty investigations pending on Sept. 30, 1990 

Effective 

Investigation No. Article concerned date 

731-TA-470 through 472(P). Silicon metal from Argentina, 

Brazil, and the People's 

8-24-90 

Republic of China. 

731-TA-234(F)(Remand) Carbon steel structural shapes from 

Norway. 

11-30-88 

731-TA-300(F)(Suspended) Dynamic random-access memory 

semiconductors (DRAMs) of 256 

3-14-86 

kilobits and above from Japan. 

731-TA-37 4(F)(Suspended) Potassium chloride from Canada 8-25-87 

731-TA-445(F) Industrial nitrocellulose from 

Yugoslavia. 

4-19-90 

731-TA-455(F) Multiangle light-scattering 

instruments and parts thereof 

7-6-90 

from Japan. 

701-TA-304(P) Silicon metal from Brazil 8-24-90 

701-TA-254(F)(Suspended) Certain red raspberries from Canada 12-26-85 

701-TA-298 (F)(Remand) Fresh, chilled, or frozen 

pork from Canada. 

8-23-90 

701-TA-302(F) Fresh and chilled Atlantic salmon 

from Norway. 

6-26-90 

52 
Table 8 

Escape clause investigation completed under sec. 201 of the Trade Act of 1974, FY 1990 

Pe titlon Finding 

Commission's report 

Invest!- Petitioner or re-

~atlon Article or guest 0. concerned requestor filed 

of 

Public Comm lshearing slon 

Commissioners' vote 

Affirmative Negative 

To the 

President 

USITC 

Publication 

No. 

TA-201-62 Certain Keystone 3-29-90 6-20-90 (1) Brunsdale 9-28-90 2315 cameras. Camera Lodwick 

Co. Rohr 

Newquist 

1 Not applicable. 

Table 9 

Investigation under sec. 22 of the Agricultural Adjustment Act, completed Sept. 30, 1990 

Date Date report wasRe- lnvestlquest r.atlon Submitted Released USITC 

Investigation Article re- nstl- Public Finding and to by Publication 

No. concerned celved tuted hearing recommendations President President No. 

22-51 Cotton 7-25-89 8-18-89 11-28-89 In confidence January (1) (1) 

comber 1990 

waste. 

1 Not applicable. 

53 
54 

Appendix B 

Statutes Involving the 

U.S. International Trade 

Commission 

Key Statutes 

Section 201, Trade Act of 1974 

(Escape Clause Investigations), 

Import Relief for Domestic 

Industries 

Section 201 provides a procedure whereby domestic industries 

seriously injured by increased imports can petition for import relief 

generally in the form of tariffs or 

quantitative restrictions. To be 

found eligible for relief under section 201, industries need not prove 

that an unfair trade practice exists, 

as is necessary under the antidumping and countervailing duty laws 

and section 337 of the Tariff Act of 

1930. However, under section 201, 

a greater degree of injury-"serious" injury-must be found to exist, 

and imports must be a "substantial" 

cause (not less than any other 

cause) of that injury. In addition, 

relief under section 201, although 

temporary, should be tailored to the 

needs of the injured industry and 

should facilitate positive adjustment 

to import competition. 

Criteria for import relief set 

forth under section 201 are based on 

article XIX of the General Agreement on Tariffs and Trade (GAIT), 

an international agreement to which 

the United States is a signatory. 

Article XIX of the GATI is referred 

to as the escape clause, because it 

permits a country to "escape" temporarily from its obligations under 

the GATI with respect to a product 

when increased imports of that 

product are causing or are threatening to cause serious injury to domestic producers of a like or directly competitive product. Commission investigations under section 

201 provide a basis for the President to invoke article XIX. 

When: The Commission conducts investigations upon receipt of 

a petition from a firm, trade association, group of workers, or other 

entity representative of a domestic 

industry; upon receipt of a request 

from the President or the Office of 

the United States Trade Representative (USTR); upon receipt of a resolution of the House Committee on 

Ways and Means or the Senate 

Committee on Finance, or upon its 

own motion. The statute directs the 

Commission to determine whether a 

product is being imported in such 

increased quantities as to be a substantial cause of serious injury, or 

the threat thereof, to the domestic 

industry producing an article like or 

directly competitive with the imported article. 

Duration: In general, the Commission must make its injury finding within 120 days and must transmit its report, together with any recommendations with respect to relief, 

within 180 days of receipt of the 

petition, request, resolution, or institution on its own motion. 

Finding: If the Commission 

finding is affirmative, it must recommend a remedy to the President, 

who has discretion to take action to 

provide import relief, which could 

be in the form of a tariff increase, 

quantitative restrictions, or orderly 

marketing agreements. 

Followup: The Commission reports on developments within an industry that has been granted import 

relief and 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 action, the Commission is required to report to the President and 

the Congress on the effectiveness of 

the relief action in facilitating the 

positive adjustment of the domestic 

industry to import competition. 

(For further information, see sec. 

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 Commission applies U.S. statutory and common law of unfair competition to 

the importation of products into the 

United States and their sale. Section 337 declares unlawful unfair 

methods of competition and unfair 

acts in the importation 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 hearings in 

accordance with the Administrative 

Procedure Act (5 U.S.C. 551 et 

seq.). The hearings are held before 

an administrative law judge (ALJ). 

Parties to these investigations include complainants, respondents, 

and the Commission attorney representing the public. Following a 

hearing, the ALl issues an initial 

determination on all issues in relation to violations of section 337. 

The Commission may exercise its 

right to review and may reverse the 

ALl decision. Complainants may 

seek 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 

Commission conducts investigations 

to determine whether unfair methods 

of competition or unfair acts are occurring in the importation of articles 

into the United States or in their 

sale. 

Duration: The investigation 

must be completed in no more than 

l year, or 18 months in a more 

complicated case, after the date of 

publication of notice of investigation 

in the Federal Register. 
Finding: In general, if the Commission finds that the importation of 

such articles is such that the threat 

or effect is to destroy or substantially injure an industry, prevent the establishment of such an industry, or 

restrain or monopolize trade and 

commerce in the United States, it 

may issue orders excluding the 

products from entry and/or directing 

the violating parties to cease and 

desist from certain actions. However, in the case of importations that 

infringe a U.S. patent, copyright, 

registered trademark, or mask work, 

the Commission may issue an exclusion and/or cease and desist order 

without having to find a threat or 

effect to destroy or substantially injure an industry, prevent the establishment of such an industry, or restrain or monopolize trade and commerce. Commission orders become 

effective unless disapproved by the 

President for policy reasons within 

60 days of issuance. Appeals of 

Commission orders are heard by the 

Court of Appeals for the Federal 

Circuit. Violators of Commission 

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 sec. 337 of the Tariff Act of 

1930, 19 u.s.c. 1337.) 

Title VIl of the Tariff Act of 1930 

Under title VII of the Tariff Act 

of 1930 (19 U.S.C. 1671, as added 

by the Trade Agreements Act of 

1979), the Commission conducts 

preliminary and final investigations 

to determine whether (in preliminary investigations) there is a reasonable indication or whether (in 

final investigations) a U.S. industry 

is materially injured or threatened 

with material injury, or the establishment of such an industry is materially retarded, by reason of imports of merchandise that is being 

sold at less than fair value (dumped) 

or that is benefiting from foreign 

subsidies. The U.S. Department of 

Commerce determines whether 

dumping or subsidies exist and, if 

so, the margin of dumping or 

amount of the subsidy. 

Section 703(a), Tariff Act of 1930 

(Preliminary Countervailing Duty 

Investigations), Subsidized Imports 

When: After the simultaneous 

filing of proper petitions with it and 

the U.S. Department of Commerce, 

the Commission conducts investigations to determine, 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 of 

the allegedly subsidized merchandise 

that is the subject of the investigation by Commerce. 

Duration: The investigation 

must be completed within 45 days 

of the receipt of the petition. 

Finding: If both the Commerce 

Department and the Commission determinations are affirmative, Commerce continues its investigation. 

Section 705(b), Tariff Act of 1930 

(Final Countervailing Duty 

Investigations), Subsidized Imports 

When: After a preliminaiy determination by the Secretary of 

Commerce that imported products 

are subsidized, the Commission conducts an investigation to determine 

whether an industry in the United 

States is materially injured, or is 

threatened with material injury, or 

the establishment of an industry in 

the United States is materially retarded, by reason of imports of the 

subsidized merchandise. 

Duration: The investigation 

must usually be completed within 

120 days after an affirmative preliminary determination by the Secretary of Commerce or 45 days after 

an affirmative final determination by 

the Secretary of Commerce that a 

subsidy is being provided, whichever is longer. 

Finding: If the Commission determination is affirmative, the Secretary of Commerce issues a countervailing duty order. (For further information, see section 701 et seq. of 

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

1671 et seq.) 

Section 733(a), Tariff Act of 1930 

(Preliminary Antidumping 

Investigations), Imports Marketed at 

Less Than Fair Value 

When: After the simultaneous 

filing of a proper petition with it 

and the U.S. Department of Commerce, the Commission conducts investigations to determine, on the basis of the best information available 

to it at the time of the determination, whether there is a reasonable 

indication that an industry is materially injured, or is threatened with 

material injury, or the establishment 

of an industry is materially retarded, 

by reason of imports of the allegedly dumped merchandise that is the 

subject of investigation by Commerce. 

Duration: The investigation 

must be completed within 45 days 

of receipt of the petition. 

Finding: If the Commission determination is affirmative, Commerce continues its investigation. 

Section 735(b), Tariff Act of 1930 

(Final Antidumping Investigations), 

Imports Marketed at Less Than Fair 

Value 

When: After a preliminary determination by th~ Secretary of 

Commerce that imported products 

are being, or are likely to be, sold 

at less than fair value, the Commission conducts an investigation to determine whether any industry in the 

United States is materially injured, 

or is threatened with material injury, 

or the establishment of an industry 

in the United States is materially 

retarded, by reason of imports of 

the dumped merchandise. 

Duration: The investigation 

must usually be completed within 

120 days after an affirmative preliminary determination by the Secretary of Commerce that the imported 

products are being, or are likely to 

be, sold at less than fair value. 

Finding: If both the Commerce 

Department and Commission deter55 
56 

minations are affirmative, the Secretary of Commerce issues an antidumping order. 

(For further information, see sec. 

731 et seq. of the Tariff Act of 

1930, 19 U.S.C. 1673 et seq.) 

Section 332, Tariff Act of 1930, 

General Factfinding Investigations 

When: Upon official request 

from the President, the Congress, or 

the US1R, or upon its own motion, 

the Commission initiates a factfinding investigation on any matter involving tariffs or international trade. 

This broad provision allows the 

Commission to investigate trade 

matters of immediate concern to the 

Government and the public. 

Duration: Unless otherwise directed, the Commission establishes 

an administrative deadline. 

Finding: Unless the President or 

the Congress directs otherwise, the 

Commission's final reports are made 

available to all interested parties, the 

general public, the President and executive departments, and the Congress. (For further information, see 

sec. 332 of the Tariff Act of 1930, 

19 U.S.C. 1332.) 

Section 22, Agricultural 

Adjustment Act, Import 

Interference With Agricultural 

Programs 

When: The Commission conducts investigations at the direction 

of the President to determine whether any products are being, or are 

practically certain to be, imported 

into the United States under such 

conditions and in such quantities as 

to render or tend to render ineffective, or materially interfere with any 

loan, purchase, or other program or 

operation of the Department of 

Agriculture, including price-support 

programs for agricultural commodities or products thereof, or to reduce 

substantially the amounts of any 

product processed in the United 

States from such commodities or 

products. The Commission makes 

findings and recommendations to 

the President. 

Finding: The President may restrict the imports in question by imposition of either quotas or import 

fees (not to exceed 50 percent of 

the imported product's value). (For 

further information, see sec. 22 of 

the Agricultural Adjustment Act, 7 

u.s.c. 624.) 

Other Areas of Involvement 

by Statute 

Countervailing Duty Investigations 

Under Section 303 of the Tariff Act 

of1930 

In the case of countervailing 

duty investigations not covered by 

section 701 of the Tariff Act of 

1930 that involve articles that enter 

free of duty, the Commission determines, with respect to any article on 

which the Secretary of Commerce 

has determined that a bounty or 

grant is being paid, whether an industry in the United States is materially injured or threatened with material injury, or the establishment of 

an industry in the United States is 

materially retarded, by reason of the 

importation of such article. (For 

further information, see sec. 303, 

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

1303.) 

Caribbean Basin Economic 

Recovery Act 

The Commission submits annual 

reports to the 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 Commission, 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 sec. 484(e), Tariff 

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

Harmonized Tariff Schedule of the 

United States Annotated 

The Commission issues a publication containing the Harmonized 

Tariff Schedule (HTS) and related 

material and considers questions 

concerning the arrangement of the 

HTS and the classification of articles. (For further information, see 

sec. 1207 of the Omnibus Trade and 

Competitiveness Act of 1988, 19 

U.S.C. 3007 and secs. 332(A) and 

484( e) of the Tariff Act of 1930, 19 

U.S.C. 1484(e).) 

Harmonized System Convention 

The Commission 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 sec. 1210 of the Omnibus Trade and Competitiveness 

Act of 1988, 19 U.S.C. 3010.) 

In addition, the Commission has 

responsibility for keeping the HTS 

under review and for recommending 

to the President such modifications 

to the HTS as the Commission 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 sec. 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 Commission prepares for 

the 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 sec. 163(b), Trade 

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

Advice Concerning Trade 

Negotiations 

The Commission 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 sec. 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 

Commission 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 secs. 

131 and 503, Trade Act of 1974, 19 

u.s.c. 2151, 2163.) 

East-West Trade-Monitoring 

System 

The Commission monitors imports into the United States from 

nonmarket economy countries and 

makes a report not less frequently 

than 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 

sec. 410, Trade Act of 1974, 19 

u.s.c. 2440.) 

Trade With Communist Countries 

The Commission determines 

whether imports of an article produced in a Communist country 

cause market disruption in the 

United. States. In general, if the 

Commission determination is in the 

affirmative, the President may take 

the same action as in a case involving injury to an industry under section 201 of the Trade Act of 1974, 

except that the action would apply 

only to imports of the product from 

the Communist country. (For further information, see sec. 406, Trade 

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

57 
Appendix C 10. H.R. 1856 (Mr. McGrath)- To duty on norfloxacin. 

correct certain tariff inequities November 3, 1989. 

Reports Submitted to 

created by the implementation of 22. H.R. 1910 (Mr. Gilman)- To the Harmonized Tariff Schedule suspend temporarily the duty on 

Congress on Proposed of the United States. 

October 20, 1989. (6R-(6a,7B(Z)))-

Legislation, FY 1990 7-(( (2-Amino-4-thiazolyl)-

11. H.R. 1857 (Mr. Morrison)- To ( (carboxymethoxy )imino )acety 1)-

suspend temporarily the duty on amino)-3-ethenyl- 8-oxo-5-

Reports Submitted to the ciprofloxacin hydrochloride. thia-1-azabicyclo 

House on Proposed November I, 1989. (4.2.0)-oct-2-ene- 2-carboxylic 

Legislation 12. H.R. 1868 (Mr. Andrews)- To acid. November I, 1989. 

I. H.R. 1154 (Mr. Gibbons)- To suspend temporarily the duty on 23. H.R. 1912 (Mr. Gilman)- To 

a certain specialty thermoset suspend temporarily the duty on prohibit the importation of resin. December4, 1989. N-(4-(((2-aminoassault weapons and certain 5-formyl-1,4,5,6, 7 ,8-hexaaccessories. January 26, 1990. 13. H.R. 1884 (Mr. Carper)- To hydro-4-oxo-6-pteridinyl)-

2. H.R. 1233 (Mr. Gibbons)- To 

suspend temporarily the duty on methyl)amino )benzoyl)-

improve the operation of the quizalofop-ethyl. L-glutamic acid. 

Caribbean Basin Economic 

November 1, 1989. November 1, 1989. 

Recovery Act, and for other 14. H.R. 1887 (Mr. Coughlin)- To 24. H.R.1914 (Mr. Grandy)- To 

purposes. February 26, 1990. suspend for a 3-year period the suspend temporarily the duty on 

3. H.R. 1445 (Mr. Ravenel)- To 

duty on L-alanyl-L-proline, also mercuric oxide. 

known as Ala Pro. October20, 1989. suspend temporarily the duty on December4, 1989. 

penta-chloroben- zenethiol. 25. H.R. 1919 (Mr. Green)- To 

September 12, 1989. 15. H.R. 1893 (Mr. Courter)- To suspend temporarily the duty on suspend temporarily the duty on wicker products. 4. H.R. 1777 (Mr. Frenzel)- To hexychloride. October 18, 1989. November 16, 1989. 

suspend temporarily the duty on 16. H.R. 1894 (Mr. Crane)-To in-line roller skate boots. 26. H.R.1923 (Mr. Holloway)- To 

November 20, 1989. suspend temporarily the duty on suspend temporarily the duty on parts of generators for use on 2-ethylanthra- quinone. 

5. H.R. 1789 (Mr. Schneider)-To aircraft. December4, 1989. October 26, 1989. 

suspend temporarily the duty on 17. H.R.1900 (Mr. Downey)- To 27. H.R. 1926 (Mr. Johnson)- To D Salt October 26, 1989. add an additional U.S. note to suspend temporarily the duty on 

6. H.R. 1794 (Mr. Schneider)- To chapter 42 of the Harmonized N-[[4-chloro- phenyl)aminosuspend temporarily the duty on Tariff Schedule of the United ]carbonyl]-2,6-diflurobenzamide. 

Broenner's acid. States. November 20, 1989. October 13, 1989. 

October 10, 1989. 18. H.R. 1902 (Mr. Downey)- 28. H.R. 1927 (Mr. Johnson)- To 

7. H.R. 1818 (Mr. Morrison)- To Relating to the tariff treatment of suspend temporarily the duty on 

suspend temporarily the duty on woven fabrics of carded wool or 2,6-dichloro- benzonitrile. 

2,4-diamino-6-phenyl- carded fine animal hair, of woven November 20, 1989. 

1,3,5-triazine. October20, 1989. fabrics of combed wool or 29. H.R. 1928 (Mr. Johnson)- To combed fine animal hair, and of 

8. H.R. 1837 (Mr. Skaggs)-To certain gauze. October2, 1989. suspend temporarily the duty on 

amend the Harmonized Tariff 1-[1-(( 4-chloro-2-(trifluromeSchedule of the United States to 19. H.R. 1903 (Mr. Durbin)- To thyl)phenyl) imino)-2-propoxsuspend the duties on certain extend to ethyl tertiary-butyl ethyl)-lH-imadazole. 

infant nursery monitors and ether the same tariff treatment November 20, 1989. 

intercoms. November 20, 1989. provided to ethanol. 30. H.R.1936 (Mr. McGrath)- To October 20, 1989. 

9. H.R. 1843 (Mr. Bustamante)- reduce temporarily the colwnn 2 

To provide a separate tariff 20. H.R. 1904 (Mr. Dwyer)- To rate of duty on certain machine 

classification for, and to suspend suspend for a 3-year period the tools for planing, gear cutting, 

temporarily the duty on, certain duty on amiloride hydrochloride. gear grinding, or gear finishing. 

opal borosilicate glassware November l, 1989. November 16, 1989. 

imported in sets. 21. H.R. 1906 (Mr. Dwyer)- To 31. H.R.1937 (Mr. McGrath)- To 

October 26, 1989. suspend for a 3-year period the reduce temporarily the colwnn 2 

58 
rate of duty on certain machine 43. H.R. 1967 (Mr. Schulze}-To 54. H.R. 1978 (Mr. Schulze}- To 

tools for grinding or honing. suspend temporarily the duty on suspend temporarily the duty on 

November 20, 1989. 7-nitro- naphth[l,2]oxadiazole-5- 2,3-dihydro-1,3,3-

sulfonic acid. trimethyl-2-methylene-IH32. H.R. 1938 (Mr. McGrath}- To November 17, 1989. indole. November 20, 1989. 

reduce temporarily the column 2 

rate of duty on certain machine 44. H.R. 1968 (Mr. Schulze}- To 55. H.R. 1979 (Mr. Schulze}- To 

tools for drilling, boring, milling, suspend temporarily the duty on suspend temporarily the duty on 

threading, or tapping by 4-chloro-a,a,a- 2-[(4-aminophenyl)sulfonyl] 

removing metal. trifluoro-o-toluidine. ethanolhydrogen sulfate ester. 

November 20, 1989. February 26, 1990. October 16, 1989. 

33. H.R. 1939 (Mr. McMillan}- To 45. H.R. 1969 (Mr. Schulze}-To 56. H.R. 1980 (Mr. Schulze}- To 

amend the Harmonized Tariff suspend temporarily the duty on suspend temporarily the duty on 

Schedule of the United States to 7-amino-1,3-naphthalene- 7-anilino-4- hydroxycorrect the classification of sulfonic acid, monopotassium 2-naphthalenesulfonic acid. 

gripping narrow fabrics of salt November 16, 1989. October 19, 1989. 

manmade fibers. 

46. H.R. 1970 (Mr. Schulze}-- To 57. H.R.1983 (Mr. Shays}- To 

October 26, 1989. suspend temporarily the duty on suspend temporarily the duty on 6-tert-butyl- 2,4-xylenol. 34. H.R. 1943 (Mr. Mollohan}- To 2-amino-4- chlorophenol. October 16, 1989. suspend temporarily the duty on December 18, 1989. 

MBEP. November 1, 1989. 

H.R. 1971 (Mr. Schulze}-- To 

58. H.R. 1986 (Mr. Solomon}- To 

47. suspend temporarily the duty on 35. H.R. 1944 (Mr. Mollohan}- To suspend temporarily the duty on certain acid black powder and 

suspend temporarily the duty on 2,4-diamino- benzenesulfonic presscake. October 13, 1989. 

BPIP. October 10, 1989. acid. December 18, 1989. 

59. H.R. 1987 (Mr. Solomon}- To 

36. H.R. 1954 (Mr. Rose}- To 48. H.R. 1972 (Mr. Schulze}- To suspend the duty on rhodamine 

suspend until December 31, suspend temporarily the duty on 2C base, polymin P and polymin 

1992, the duty on an herbicide 2,5-dichloro-4- P hydrochloride, and polymin 

intermediate. October 13, 1989. (3-methyl-5-oxo-pyrazolin- SNA 60. October 19, 1989. 

37. H.R. 1956 (Mr. Schneider}-To 

1-yl)benzenesulfonic acid. 

November20, 60. H.R. 1988 (Mr. Stokes}- To 1989. 

suspend temporarily the duty on suspend temporarily the duty on 

K-acid. October 10, 1989. 49. H.R. 1973 (Mr. Schulze}- To mixed ortho/paratoluene 

suspend temporarily the duty on sulfonamide. November l, 1989. 

38. H.R. 1958 (Mr. Schulze}- To 7-hydroxy-1,2-

suspend temporarily the duty on naphthalenedisulfonic acid, 61. H.R. 1989 (Mr. Torricelli}-To 

ceftazidime, tertiary-butyl ester. dipotassium salt. suspend temporarily the duty on 

Decem~r 4, 1989. November 20, 1989. certain unstuffed dolls. 

October 19, 1989. 

39. H.R. 1963 (Mr. Schulze}- To 50. H.R. 1974 (Mr. Schulze}- To 62. H.R. 1990 (Mr. Torricelli}- To suspend temporarily the duty on suspend temporarily the duty on suspend temporarily the duty on 5-amino-2- naphthalenesulfonic o-anisidine. November 20, 1989. 

acid. October 10, 1989. certain unstuffed toys. 

51. H.R. 1975 (Mr. Schulze}- To October26, 1989. 

40. H.R. 1964 (Mr. Schulze}- To suspend temporarily the duty on 63. H.R. 1991 (Mr. Torricelli}- suspend temporarily the duty on l-amino-2-bromo- Relating to the tariff treatment of 1-naphthylamine. 4-hydroxyanthraquinone. certain disposable garments. November 1, 1989. October 13, 1989. October 26, 1989. 

41. H.R. 1965 (Mr. Schulze}- To 52. H.R. 1976 (Mr. Schulze}- To 64. H.R.1996 (Mr. Schulze}- To 

suspend temporarily the duty on suspend temporarily the duty on suspend temporarily the duty on 4-amino-1- naphthalenesulfonic 2-chloro-4- nitroaniline. l ,4-diamino-2,3-dihydroanthraacid, sodium salt. October 16, 1989. quinone. October 19, 1989. 

October 13, 1989. 53. H.R. 1977 (Mr. Schulze}- To 65. H.R. 2001 (Mr. Valentine}- To 

42. H.R. 1966 (Mr. Schulze}- To suspend temporarily the duty on suspend for a 3-year period the 

suspend temporarily the duty on (l,3,3-tri-methylindoline-2- duty on Tfa Lys Pro in free base 

1,4- dihydroxyanthraquinone. ylidene )acetaldehyde. and tosyl salt forms. 

November20, 1989. October 16, 1989. October 26, 1989. 

59 
66. H.R. 2003 (Mr. Frenzel)- To 78. H.R. 2451 (Mr. Hoagland)- 88. H.R. 3018 (Mr. Pease)- To 

suspend for a 5-year period the Relating to the tariff treaUnent of suspend temporarily the duty on 

duty on dimethoate. screenhouse tents. metallurgical fluorspar. 

October 26, 1989. October 26, 1989. November 17, 1989. 

67. H.R. 2017 (Mr. Torricelli)- To 79. H.R. 2578 (Mr. Matsui)-To 89. H.R. 3019 (Mr. Smith)- To 

extend temporary duty-free prohibit the importation into the reduce temporarily the duty on 

treatment of certain chemicals. United States of certain articles certain ceramic statues, 

October 20, 1989. originating in Burma. statuettes, and handmade 

68. H.R. 2018 (Mr. Vander Jagt)-To January 8, 1990. flowers. December 29, 1989. 

provide for duty-free entry of 80. H.R. 2701 (Mr. Buechner)- To 90. H.R. 3060 (Mr. Schneider)- To 

methanol. November 13, 1989. extend the existing suspension of suspend temporarily the duty on 

69. H.R. 2033 (Mr. Frenzel)- To duty on triphenyl phosphate. 2,3,6-trimethylphenol (TMP). 

October 26, 1989. 

amend accounting procedures October 20, 1989. 

under section 313 of the Tariff 91. H.R. 3111 (Mr. Flippo)- To 

Act of 1930. January 18, 1990. 81. H.R. 2721 (Mr. Guarini)- To amend the Tariff Schedule of the 

extend the existing suspension of United States to reclassify 

70. H.R. 2074 (Mr. Bilirakis)-To duty on graphite. apparel consisting of fabric 

correct the tariff treatment January 25, 1990. composed of manmade fiber and 

accorded zinc printing type. 82. H.R. 2782 (Mr. Stark)- To cotton blends. January 25, 1990. 

November 22, 1989. authorize the suspension of 92. H.R. 3130 (Mr. Valentine)- To 

71. H.R. 2077 (Mr. Brown)- To duty-free treaUnent to wood suspend temporarily the duty on 

suspend for a 3-year period the products under the Generalized ranitidine hydrochloride. 

duty on certain fiberglass yams. System of Preferences to February 26, 1990. 

October 26, 1989. beneficiary countries that do not 93. H.R. 3197 (Mr. Slaughter)- To 

72. H.R. 2100 (Mr. Stark)- implement appropriate suspend temporarily the duty on 

Relating to the tariff treatment of 

reforestation programs and for certain frozen vegetables. other purposes. certain paper products and March 15, 1990. December 4, 1989. 

synthetic detergents. 94. H.R. 3231 (Mr. Dwyer)-To 

November 20, 1989. 83. H.R. 2864 (Mr. Matsui)- provide for the temporary 

73. H.R. 2249 (Mr. Pickle)- To Regarding the reliquidation of a suspension of duty on certain 

extend for 5 years the existing certain extracorporeal shock types of veneer. January 8, 1990. wave lithotripter. suspension of duty on triallate. January 25, 1990. 95. H.R. 3232 (Mr. Frenzel)- To 

October 19, 1989. suspend temporarily the duty on 

74. H.R. 2250 (Mr. Ridge)- To 84. H.R. 2900 (Mr. McEwen)- To p-hydroxybenzal- dehyde. 

suspend temporarily the duty on clarify that charges and fees may December 8, 1989. 

chlorinated synthetic rubber. be collected in connection with 96. H.R. 3326 (Mr. Wheat)- To 

November 2, 1989. foreign trade zones at certain suspend temporarily the duty on small airports. fenofibrate. 

75. H.R. 2305 (Mr. Martin)- To February 26, 1990. January 18, 1990. 

require the Commissioner of 

Customs to provide certain 85. H.R. 2910 (Mr. Flippo)-- To 97. H.R. 3418 (Mr. Jenkins)- To 

facilities and equipment at the reduce temporarily the duty on extend the temporary duty-free 

port of entry at Trout River, New certain frozen carrots. treatmentforcertaintypesof 

York. January 18, 1990. November 16, 1989. hosiery knitting machines and 

76. H.R. 2367 (Mr. Morrison)- To 86. H.R. 3010 (Mr. Wheat)- To parts thereof and certain types of 

knitting needles. 

suspend temporarily the duty on suspend temporarily the duty on January 8, 1990. 

ciprofloxacin and nimodipine. 0,0-dimethyl-S98. H.R. 3419 (Mr. Jenkins)- To November 3, 1989. [ ( 4-oxo-1,2,3-benzotriazin-3-

(4H)-yl)methyl]phosphoro- extend the temporary suspension 

77. H.R. 2447 (Mr. Downey)- To dithioate. November 17, 1989. of duties for certain hosiery 

extend the existing temporary knitting machines and hosiery 

suspension of duty for certain 87. H.R. 3011 (Mr. Wheat)- To knitting needles and to include in 

small toys and novelty goods and suspend temporarily the duty on the suspension single-cylinder, 

for other purposes. 4-fluoro-3-pheno-xyben- coarse-gauge machines and parts. 

October 26, 1989. zaldehyde. November 16, 1989. January 8, 1990. 

60 
99. H.R. 3441 (Mr. Hatcher)- To papercutting machines. 119. H.R. 4022 (Mr. Gradison}-To 

suspend temporarily the duty on September 19, 1990. suspend temporarily the duties 

fluometuron and diuron. on TA3090. May 29, 1990. 

January 18, 1990. 110. H.R. 3887 (Mr. McGrath}- To 120. H.R. 4047 (Mr. Hastert}- To reduce temporarily the rate of 

100. H.R.3459(Mr.Flippo)- duty on certain machine tools correct the Harmonized Tariff 

Regarding the duty-free entry of that are the products of East Schedule of United States as it 

a nuclear magnetic resonance Germany. May 14, 1990. applies to certain parts of 

spectrometer for the use of the ionization smoke detectors. 

University of Alabama at 111. H.R. 3944 (Mr. B1az)- Relating May 21, 1990. 

Birmingham. Janaury 26, 1990. to wage certificates issued to 121. H.R. 4055 (Mrs. Roukema}-To 

101. H.R. 3509 (Mr. Bruce)-To producers in the insular amend the Harmonized Tariff 

possessions of the United States Schedule of the United States to change the tariff treatment of of watches and watch eliminate the duty on certain brooms wholly or in part movements. April 24, 1990. 2,2-azobis(isobutyronitrile). of broom com. December 19, August 7, 1990. 1989. 112. H.R. 3975 (Mr. Chandler)- To 

provide duty-free entry for the 122. H.R. 4072 (Mr. Cardin}- To 

102. H.R. 3510 (Mr. Applegate)- To personal effects and equipment extend through December 31, 

suspend temporarily the duty on of participants and officials 1992, the suspension of import 

Diaphone V. January 25, 1990. involved in the 1990 Goodwill duties on synthetic rutile. 

103. H.R. 3675 (Mr. Downey)- To Games to be held in the State of April 9, 1990. 

suspend temporarily the duty on Washington. April 6, 1990. 123. H.R. 4113 (Mr. Gradison}-To 

insulated winding wire cable and suspend temporarily the duty on 

other electrical apparatus. 113. H.R. 3995 (Mr. Matsui}- For certain chemicals. 

March 14, 1990. the relief of certain importers, May 29, 1990. 

wholesalers, and users of 124. H.R. 4126 (Mr. Torricelli}- To 104. H.R. 3780 (Mr. Slaughter)- To industrial fasteners. 

provide for the temporary June 20, 1990. extend the suspension of duties 

on certain chemicals. duty-free entry of certain frozen May 29, 1990. vegetables. 114. H.R. 3998 (Mr. Nowak)- To 

February 26, 1990. provide duty-free entry for the 125. H.R. 4182 (Mr. Courter}- To 

105. H.R. 3788 (Mr. Vander Jagt}-To personal effects and equipment suspend temporarily the duty on 

of participants and officials isophorone diisocyanate and 

suspend for a 3-year period the involved in the 1993 World trimethyl hexamethylene duty on certain radio/tape player University Games to be held in diisocyanate. May 14, 1990. 

combinations. April 24, 1990. the State of New York. 126. H.R. 4185 (Mr. Frenzel}- To 

106. H.R. 3809 (Mr. Moakley )-To April 10, 1990. correct the tariff treatment of 

suspend temporarily the duty on 115. H.R. 4017 (Mr. Gradison}-To certain articles covered by the 

certain aluminum plates, sheets, suspend temporarily the duty on Nairobi Protocol. May 15, 1990. 

and strips that are products of sucralfate. July 24, 1990. 127. H.R. 4188 (Mr. Guarini}- To 

Bahrain. April 25, 1990. extend until January 1, 1994, the 

107. H.R. 3878 (Mr. Ballenger)- To 116. H.R. 4018 (Mr. Gradison)-To existing suspension of duty on 

extend for 5 years the existing extend until January 1, 1995, the acet quinone base. 

suspension of duty on machines existing temporary suspension of May 29, 1990. 

designed for heat-set stretch the duty on nicotine resin 128. H.R. 4190 (Mr. Hutto)-To 

texturing of continuous manmade complex and on terfenadone. suspend temporarily the duty on 

fiber. April 30, 1990. April 24, 1990. copper acetate monohydrate. 

108. H.R. 3883 (Mr. Frenzel)- To 117. H.R. 4020 (Mr. Gradison)- To June 4, 1990. 

extend for a 2-year period the suspend temporarily the duty on 129. H.R. 4194 (Mr. Quillen}- To 

temporary reduction of the mesalamine. continue until the close of 

column 2 rate of duty on certain May 21, 1990. December 31, 1994, the existing 

large offset printing machines. suspension of duties on color 

April 24, 1990. 118. H.R. 4021 (Mr. Gradison)- To couplers and coupler 

suspend temporarily the duties intermediates used in the 

109. H.R. 3884 (Mr. Frenzel)- To on diltiazem hydrochloride and manufacture of photographic 

reduce temporarily the column 2 sustained-release diltiazem sensitized material. 

rate of duty on certain hydrochloride. May 29, 1990. June 20, 1990. 

61 
130. H.R. 4200 (Mr. Solomon}- To 142. H. R. 4318 (Mr. Frenzel}- To 152. H.R. 4542 (Mr. Kanjorski}- To 

extend the existing suspensions extend until January 1, 1995, the suspend for a 3-year period the 

of duty on certain chemicals. existing temporary suspension of duty on 

June 12, 1990. duty on cyclosporine. [3R-[3-alpha(R*),4-beta]]-4-(ace 

131. H.R. 4202 (Mr. Vander Jagt}-To July 12, 1990. tyloxy)-3-[1-[[(1,1-dimethylethyl)dimethylsilyl]- extend until January l, 1994, the 143. H.R. 4325 (Mr. Schulze}- To oxy]ethyl]-2-azetidinone, also 

existing temporary suspension of grant temporary duty-free known as acetoxy- azetidinone. 

duties on certain clock radios. treatment to 3-aminopropanol. July 5, 1990. 

May 15, 1990. July 9, 1990. 153. H.R. 4543 (Mr. Kanjorski}- To 

132. H.R. 4215 (Mr. Patterson}- To 144. H.R. 4364 (Ms. Kaptur}- To suspend for a 3-year period the 

suspend temporarily the duty on extend until January 1, 1994, the duty on 4-(6-fluoro-2 methyp-tolualdehyde. May 29, 1990. existing temporary suspension of lindine-3-methyl)phenyl- methyl 

133. H.R. 4236 (Mr. Schneider}-To duty on umbrella frames. sulphide dissolved in toluene, 

May 29, 1990. also known as IN-4. 

extend until January 1, 1994, the July 9, 1990. 

existing temporary suspension of 145. H.R. 4396 (Mr. Spratt}- To 154. H.R. 4544 (Mr. McMillan}- To duty on lasamid. May 29, 1990. extend until January 1, 1994, the suspend for a 3-year period the 

134. H.R. 4259 (Mr. Coble}-To existing temporary suspension of duty on DNCB. July 9, 1990. duty on tetraaminobiphenyl. extend the existing suspension of May 21, 1990. 155. H.R. 4545 (Mr. McMillan}- To 

duty on m-toluic acid until suspend for a 3-year period the 

January 1, 1994. May 29, 1990. 146. H.R. 4426 (Mr. Frenzel}- To duty on CJ. Pigment Red 214. 

135. H.R. 4272 (Mr. Walgren}- To include photoreceptors and July 20, 1990. 

continue until January 1, 1994, assemblies containing 156. H.R. 4546 (Mr. McMillan}- To 

the existing suspensions of duty photoreceptors within the suspend for a 3-year period the 

on certain chemicals. temporary suspension of duty on duty on CJ. Pigment Yellow 155. 

June 20, 1990. parts of certain electrostatic July 11, 1990. copying machines, and to extend 

136. H.R. 4302 (Mr. Vander Jagt}-To the suspension until January 1, 157. H.R. 4547 (Mr. McMillan}- To 

suspend temporarily the duty on 1993. May 21, 1990. suspend for a 3-year period the 

duty on CJ. Pigment Red 242. Pigment Blue 16. June 14, 1990. 147. H.R. 4536 (Mr. Hatcher}- To July 11, 1990. 

137. H.R. 4303 (Mr. Vander Jagt}-To suspend temporarily the duty on 158. H.R. 4587 (Mr. Coughlin}- To 

suspend temporarily the duty on fluometuron and IB1F. suspend for a 3-year period the 

Pigment Blue 60. June 14, 1990. July 9, 1990. duty on composite vials of 

138. H.R. 4304 (Mr. Vander Jagt}-To 148. H.R. 4538 (Mr. Jenkins}- To timolol maleate/pilocarpine 

hydrochloride solutions and extend until January 1, 1994, the extend until January 1, 1995, the diluent. July 12, 1990. existing temporary suspension of existing temporary suspension of 

duty on sethoxydim. duty on p-chlorCK>-nitroaniline. 159. H.R. 4596 (Mr. McGrath}- To 

May 29, 1990. July 5, 1990. suspend temporarily the duty on 

ethyl carbamate. 

139. H.R. 4305 (Mr. Vander Jagt}-To 149. H.R. 4539 (Mr. Jenkins}- To August20, 1990. 

extend until Janaury 1, 1994, the extend until January 1, 1995, the 160. H.R. 4615 (Mr. Carper}- To existing temporary suspension of existing temporary suspension of suspend temporarily the duty on duty on 3-ethylamino-p-cresol. duty on nitrosulfon B. Pigment Green 36. July 5, 1990. May 21, 1990. June 25, 1990. 

161. H.R. 4616 (Mr. Carper}- To 

140. H.R. 4306 (Mr. Vander Jagt}-To 150. H.R. 4540 (Mr. Jenkins}- To extend the existing temporary 

extend until January 1, 1994, the extend until January 1, 1995, the suspension of duty on fusilade. 

existing temporary suspension of existing temporary suspension of June 25, 1990. 

duty on diamino imid SP. duty on chloramino base. 162. H.R. 4623 (Mr. Jenkins}- To August 14, 1990. June 25, 1990. provide for the temporary 

141. H.R. 4307 (Mr. Vander Jagt}-To 151. H.R. 4541 (Mr. Jenkins}- To suspension of duty on sewing 

extend until Janaury 1, 1994, the extend until January 1, 1995, the machine needles. 

existing temporary suspension of existing temporary suspension of August6, 1990. 

duty on ~-naphthol. duty on aminosulfon br. 163. H.R. 4648 (Mr. Dwyer}- To 

June 4, 1990. July 5, 1990. suspend for a 3-year period the 

62 
duty on famotidine. 171. H.R. 4692 (Mr. Roe)- To duty on dinocap and on mixtures 

July 12, 1990. suspend temporarily the duty on of dinocap with application 

butyl-methoxydi-benzoyl- adjuvants. January 8, 1990. 

164. H.R. 4667 (Mr. Schulze)- To methane. August 21, 1990. 9. S. 789 (Mr. Heinz)-To continue suspend until Janaury 1, 1993, 172. H.R. 4693 (Mr. Shaw)- To the temporary suspension of the the duty on 

4,5-dichloro-2-n-octy 1-4-isothiaz suspend temporarily the duty on duty on m-hydroxybenzoic acid. 

olin-3-one and on mixtures of metal oxide varistors. January 8, 1990. 

4,5-dichloro-2-n- September 18, 1990. 10. S. 802 (Mr. Thunnond)- To 

octyl-4-isothiazoline-3-one and 173. H.R. 46% (Mr. Stokes)- To suspend temporarily the duty on 

application adjuvants, with or extend until January 1, 1994, the dimethyl- benzylidene sorbitol. 

without stabilizers. July 9, 1990. existing temporary suspension of January 16, 1990. 

165. H.R. 4668 (Mr. Schulze)- To duty on tungsten ores. 11. S. 803 (Mr. Thunnond)- To 

suspend until January l, 1993, August 21, 1990. suspend temporarily the duty on 

the duty on 174. H.R. 4717 (Mr. Olin)- To 4,4-isopropylidenedicyclodicyclopentenyloxyethyl suspend temporarily the duty on hexanol. August 20, 1990. 

methacrylate. July 9, 1990. textile winding or reeling 12. S. 822 (Mr. Moynihan)-To 

machines. August 21, 1990. prohibit the importation into the 

166. H.R. 4676 (Mr. Archer)- To United States of certain articles 

amend the Harmonized Tariff Reports Submitted to the originating in Burma. 

Schedule of the United States to January 8, 1990. 

clarify the classification of mixed Senate on Proposed 

alkylbenzenes. August 3, 1990. Legislation 13. S. 867 (Mr. Grassley)-To 

suspend temporarily the duty on 

167. H.R. 4677 (Mr. Archer)- To 1. S. 367 (Mr. Graham)-To sulfachloropyridazine. 

provide for the reliquidation of suspend temporarily the duty on January 16, 1990. 

certain entries of diamond tool calcium acetylsalicylate. 14. S. 876 (Mr. Helms)-To suspend and drill blanks. January 16, 1990. 

temporarily the duty on August21, 1990. 2. S. 385 (Mr. Roth)-To suspend thiothiamine hydro- chloride. 

168. H.R. 4678 (Mr. Courter)- To temporarily the duty on October 26, 1989. 

suspend for a 5-year period the 

bendiocarb. January 8, 1990. 15. S. 884 (Mr. Thunnond)-To 

duty on dithiobisbenzanilide. 3. S. 437 (Mr. Dixon)-To suspend suspend temporarily the duty on 

July 24, 1990. temporarily the duty on certain paramine acid. January 8, 1990. 

glass bulbs. December29, 1989. 16. S. 885 (Mr. Thunnond)- To 169. H.R. 4681 (Mr. Rinaldo)- To 4. S. 504 (Mr. Graham)-To suspend temporarily the duty on extend the temporary improve the operation of the trimethyl base. suspensions of duty on 

Nl,N4,N4,-tris(2-hydroxy- Caribbean Basin Economic January 16; 1990. 

ethyl)-2-nitro-l ,4-phenylenei-am Recovery Act and for other 17. S. 886 (Mr. Thunnond)- To 

ine; Nl,N4-dimethyl- purposes. April 13, 1990. suspend temporarily the duty on 

Nl-(2-hydroxyethyl)-3-nitro-1,4- 5. S. 718 (Mr. Heinz)-Toamend dimethyl succinyl succinate. 

phenylenediamine; the Harmonized Tariff Schedule December 8, 1989. 

NI ,N4-dimethyl-N 1-(2,3-di- of the United States to provide 18. S. 887 (Mr. Thunnond)- To hydroxypropyl)-3-nitro-1,4- duty-free treatment for certain suspend temporarily the duty on phenylenediamine; sports clothing. Resolin Red F3BS components I Nl-(2-hydroxyethyl)-3-nitro-1,4- April 25, 1990. and II. January 18, 1990. phenylenediamine and 

Nl-{2-hydroxyethyl)-2-nitro- 6. S. 733 (Mr. Moynihan)-To 19. S. 888 (Mr. Thunnond)- To 

1,4-phenylenediamine. prohibit the importation of suspend temporarily the duty on 

July 24, 1990. assault weapons and certain pentachloro- thiophenol. accessories. January 26, 1990. January 16, 1990. 

170. H.R. 4685 (Mr. Blaz)-To 7. S. 756 (Mr. Thurmond)- To 20. S. 889 (Mr. Thurmond)- To provide for the temporary make temporary suspension of suspend temporarily the duty on duty-free treatment of certain duty on menthol feedstocks anthraquinone. sweaters manufactured in the permanent October 26, 1989. January 16, 1990. Commonwealth of the Northern 

Mariana Islands. 8. S. 788 (Mr. Heinz)-To continue 21. S. 910 (Mr. Chafee)-To 

August6, 1990. the temporary suspension of the suspend temporarily the duty on 

63 
theobromine. 34. S. 1042 (Mr. Durenberger)- To with respect to low-fuming 

November l, 1989. suspend temporarily the duty on brazing rods. January 18, 1990. 

certain in-line roller skate boots. 46. S. 1136 (Mr. Moynihan)- To 22. S. 911 (Mr. Chafee}- To December 19, 1989. 

suspend temporarily the duty on reduce the rate of duty applicable 

chlorhexanone. 35. S. 1054 (Mr. Matsunaga)- To to certain modeling pastes. 

December 8, 1989. provide for the temporary January 18, 1990. 

suspension of duty on certain 47. S. 1137 (Mr. Danforth)-To 23. S. 925 (Mr. Heinz)- To suspend magnetic videotape recordings. 

temporarily the duty on February 2, 1990. suspend temporarily the duty on 

naphthalic acid anhydride. 4-fluoro-3-phenoxyJanuary 18, 1990. 36. S. 1095 (Mr. Glenn)- benzaldehyde. 

Concerning mixed ortho/ October 19, 1989. 

24. S. 929 (Mr. Rockefeller)- To para-toluenesulfonamide. 48. S. 1138 (Mr. Danforth)-To reduce temporarily and to December 4, 1989. suspend temporarily the duty on suspend the duty for . 37. S. 1101 (Mr. Helms)-To 0,0-dimethyl-S-[4-oxo- 1,6-hexamethylene diisocyanate. suspend temporarily the duty on 1,2,3-benzotriazin-3-(4H)- December 18, 1989. N-[[(4-chlorophenyl)- yl) methyl]phosphoro- dithioate. 

25. S. 934 (Mr. Thurmond)- To amino]carbonyl]-2,6-difluoro-be November 17, 1989. 

suspend temporarily the duty on nzamide. December 8, 1989. 49. S. 1169 (Mr. Roth)-Toprovide 

K-acid. December 8, 1989. 38. S. 1102 (Mr. Helms)-To administrative procedures for 

26. S. 935 (Mr. Thurmond)- To suspend temporarily the duty on noncontroversial tariff 

suspend temporarily the duty on 2,6-dichlorobenzonitrile. suspensions. April 24, 1990. 

Broenner's acid. February 2, 1990. 50. S. 1208 (Mr. Heinz)-To 

December 8, 1989. 39. S. 1103 (Mr. Helms)-To suspend temporarily the duty on 

27. S. 936 (Mr. Thurmond)- To temporarily suspend the duty on certain fine woolen fabrics. 

suspend temporarily the duty on l-[1-((4-chloro-2-(tri- October 2, 1989. 

D-Salt. January 16, 1990. fluoromethyl)phenyl)imino)- 51. S.1241 (Mr. Moynihan)- To 

2-propoxyethyl)-1-H-imid- deny the People's Republic of 

28. S. 937 (Mr. Thurmond)- To azole. February 2, 1990. China most-favored-nation trade 

suspend temporarily the duty on 40. S. 1104 (Mr. Danforth}-To treatment December 8, 1989. 

Neville and Winter's acid. 

December 8, 1989. suspend temporarily the duty on 52. S. 1292 (Mr. Grassley)-To 

flashlights and flashlight parts. suspend temporarily the duty on 

29. S. 938 (Mr. Thurmond)- To October 2, 1989. tefluthrin. December4, 1989. 

suspend temporarily the duty on 41. S. 1105 (Mr. Danforth}-To 53. S. 1309 (Mr. D' Amato)- To 

anis base. December 8, 1989. suspend temporarily the duty on reduce temporarily the column 2 

30. S. 939 (Mr. Thurmond)- To certain Christmas ornaments. rate of duty on certain 

suspend temporarily the duty on November 13, 1989. papercutting machines. 

naphthol AS types. 42. S. 1106 (Mr. Danforth}-To 

November 20, 1989. 

December 8, 1989. suspend temporarily the duty on 54. S. 1317 (Mr. Heinz)- To 

31. S. 957 (Mr. Heinz)- To suspend frozen carrots. suspend for a 3-year period the 

temporarily the duty on November 11, 1989. duty on L-alanyl-L- proline, also 

known as Ala Pro. ceftazidime tertiary-butyl ester. 43. S. 1122 (Mr. Boschwitz}- To January 18, 1990. February 26, 1990. reduce temporarily the column 2 

32. S. 991 (Mr. Wirth}- To continue rate of duty on impact line 55. S. 1318 (Mr. Heinz)-Toextend 

printers. January 18, 1990. the temporary duty-free the suspension of duty on treatment for certain types of 

d-6-methoxy-a-methyl- 44. S. 1123 (Mr. Heinz)-To amend hosiery knitting machines and 

2-naphthaleneacetic acid and its the Harmonized Tariff Schedule parts thereof and certain types of 

sodium salt. January 18, 1990. of the United States to suspend knitting needles. 

33. S. 1014 (Mr. Durenberger)- To temporarily the duty on certain November 22, 1989. 

provide for the temporary 

chemicals. October 19, 1989. 

56. S. 1319 (Mr. Heinz)-Toextend 

suspension of the duty on certain 45. S. 1135 (Mr. Moynihan}- To the temporary suspension of 

two-stroke cycle piston engines. amend the Harmonized Tariff duties for certain hosiery knitting 

January 25, 1990. Schedule of the United States machines and to include in the 

64 
suspension single-cylinder. 67. S. 1397 (Mr. Moynihan)- 76. S. 1495 (Mr. Johnston)- To 

coarse-gauge m~chines and parts. Relating to the tatiff treatment of suspend temporarily the duty on 

November 20, 1989. woven fabrics ofcardedwool or DEMAP. November 1, 1989. 

57. S. 1320(Mr. Heinz)--To carded fine animal hair, of woven 77. S. 1496 (Mr. Johnston)-- To fabrics of combed wool or suspend fora 3-year periOdthe combed fine animal hair, and of suspend temporarily the duty on 

duty on Tfa Lys Pro in free base certain gauzes. October 2, 1989. isoindolenine red pigment. 

and tosyl saltforrns~ January25, 1990. 

Deceml>er 8; 1989. 68. S. 14J5 (Mr. Lautenl>erg)-- To 78. S; ·.1498 (Mr .. JohnstOn)-To 

58. S. 1323 (Mr. Kohl)--To reduce suspend for a 3-year period the suspend temporarily the duty on 

temporarily the duty on certain duty on l-ethyl-6-fluoro~1,4- 2-ethylant,hraquinone. 

timing apparatus. dihydro-4-oxo-7-( 1-piperazinyl}- November· 17, .1989. 

October 16, 1989. 3· quinolinecarb<mixylic acid, 79. S.1499 (Mr.Jolmston)-To also known as norfloxacin; 

59. S. 1326 (Mr. Lieberman)-- To December 19, 1989. suspend temporarily the duty on 

suspendtempoiarily the duty on 

certain acid black powder and 

ciproflo:x.acin hydrochloride, 69. S. 14J6 (Mr.l~utenberg)--To presscake. November 1, 1989. 

ciprofloxacin, a11d nimodipine. suspend for a 3. year period the 80. S.1500 (Mr.Johnston)- To 

December8, 1989. duty pn 2,2-dimethylcyClo- suspend the duty on rhodamine 

60. S. 1335 (Mr. Bent:sen)--To propyl-carboxamide, also knowll 2C base. November22, 1989. 

suspend tetl'lporarily the duty on 

as D-carboxamide, December 8, 81. S. l50l(Mr~Jdhnston)-To. 

certain furniture and seats. 1989. suspend the duty onpolymin P 

Januaty 18, 1990. 70. S. 141 ?(Mr. Lautenberg)--To and polyminP hydrochloride. 

61. S. 1342 (Mr. Sanford)--To suspend for a 3-yearperiod·the October 19,1989. 

suspend temporarily the duty on dutyon N•ainidino-3,5- 82. S. 1502 (Mr,Johnston)- To 

ranitidine hydrochloride. diamino-6-chloropyrazine~ suspend the duty on polymin 

December4, 1989. carboxamide monohydrochloride SNA60. October 19, 1989. 

62. S.1351 (Mr.Roth)--Tosuspend 

dihydrate, also known as 83. S. 1504 (Mr. Kasten)--To amiloride hydrochloride. amend the Harmonized Tariff 

temporarily the duty on December8, 1989. Schedule of the United States to 

quizalofop-ethyl. correct the classification of 

January 18, 1990. 71. S. 1432 (Mr. Sanford)-- To 26-irtch bicycles. amend the Harmonized Tariff 

63. S. 1363(Mr. D' Am(lto}-- To Schedule ofthe United States to Novemberl3, 1989. 

suspend temporarily the duty on redllCe temporarily the duties on 84. S,1538 (Mr .. Bentsen)-To 

wicker products. gripping narrow fabrics of extend the temporary suspension November 16.1989. manmade fibers. of duty on fresh cantaloupes 

64. S. 1374 (Mr. Mack)--For the October26, 1989. imported between January 1 and 

relief of the State of Florida. 72. S. 1468 (Mr. Rockefeller)-- To 

May 15 of each year. 

January 18, 1990. December4, 1989. 

65. S. 1395 (Mr. Moynihan)--To 

suspend temporarily the duty on 85. S. 1549 (Mr. ~tch)--To amend BPIP. November 3, 1989. the Tariff Act of 1930 to suspend teinporarily the duty on 

(6R·(6a,7B(Z)))- 73. S. 1470 {Mr. Rockefeller)-- To eliminate the requirementthat 

7-(((2-Amino-4-thiazolyl)· SU$pend tempoflUily theduty on manf)ole covers be marked on the 

t()p surface. ((carboxymethoxy)iffiino) MBEP. December 18, 1989. November 20,1989. acetyl)-amino }-3~thenyl-8-

oxo-5-thia-1-azabicyclo 74. S. 1481 (Mr. Cochran)- To 86. S. 1567(Mr. Glenn)--To 

(4.2.0)oct-2~ne-2-carboxylic amend the Tariff Schedules of suspend temporarily the duty on 

acid. December 18, 1989. the United States to make omithine. November 1, 1989. 

66. S. 1396.(Mr. Moynihan)-- To 

perrnl)l'1ent the modification of 87. S. 1568 (Mr. Glenn)--To the tariff treatment on certain 

suspend temporarily the.duty on disposable surgical gowns and suspend temporarily the duty on 

N-(4·(((2•amin<r5· drapes. January 8, 1990. teicopl.anin, Novemberl, 1989. 

formyl-1.4,5,6,7,8-hexahy- 88. S.1584 (Mr. Cranston)--

dro-4-ox<MS-pteridinyl) 75. S. 1494 (Mr. Johnston)- To Regarding the reliquidation ofa 

methyl}-amino )benzoyl)- suspend temporarily the duty on certain C}(tracorporeal shock 

L-glutamic aeid. Pigment red 178. wavelithotripter. 

December 18, 1989. January 25, 1990. January 26, · 1990. 

65 
89. S. 1598 (Mr. Bradley)-To 102. S. 1693 (Mr. Lautenberg)-To 114. S. 1842 (Mr. Moynihan)- To 

suspend temporarily the duty on suspend temporarily the duty on suspend temporarily the duty on 

diphenolic acid. iopamidol. December 19, 1989. insulated winding wire cable and 

January 26, 1990. 

103. S. 1710 (Mr. Bradley)-To 

certain electrical apparatus. 

90. S. 1599 (Mr. Bradley)-To suspend temporarily the duty on March 14, 1990. 

provide temporary duty-free iohexol. February 26, 1990. 115. S. 1845 (Mr. Heflin)-

treatment to 2,6-HNA. 104. S. 1713 (Mr. Dole)-To suspend 

Regarding the duty-free entry of 

January 26, 1990. a nuclear magnetic spectrometer 

temporarily the duty on for the use of the University of 

91. S. HiOl (Mr. Bradley)-To p-hydroxybenzaldehyde. Alabama at Birmingham. 

extend the suspension of duties December 8, 1989. January 26, 1990. 

on certain chemicals. 

105. S. 1715 (Mr. Danforth)-To 116. S. 1915 (Mr. Breaux)- To December 19, 1989. suspend temporarily the duty on amend the Tariff Act of 1930 

92. S. l(J()2 (Mr. Bradley)-To ioxaglate. January 10, 1990. with respect to the applicability 

suspend temporarily the duty on 106. S. 1716 (Mr. Danforth)-To 

of duties upon certain aspects of 

ADC-6. March 14, 1990. the foreign repair of vessels. 

extend the existing suspension of March 6, 1990. 

93. S. l(J()3 (Mr. Bradley)-To duty on triallate. 

suspend temporarily the duty on January 8, 1990. 117. S.1975(Mr.Kerry)-To 

diflunisal. March 14, 1990. suspend temporarily the duty on 

107. S. 1717 (Mr. Danforth)-To certain aluminum plates, sheets, 

94. S. 1(,()4 (Mr. Bradley)-To extend the existing suspension of and strips that are products of 

suspend temporarily the duty on duty on triphenyl phosphate. Bahrain. 

levodopa. March 14, 1990. January 18, 1990. April 25, 1990. 

95. S. 1(,()5 (Mr. Bradley)- Relating 108. S.1724 (Mr. D'Amato)-To 118. S. 2018 (Mr. Lautenberg)- To 

to the tariff treatment of suspend temporarily the duty on provide for the temporary 

trifluoromethylaniline. 7-acetyl-1,1,3,4,4,6- suspension of duty on certain 

February 26, 1990. hexamethyltetrahydro- types of veneer. July 5, 1990. 

naphthalene. 119. S. 2047 (Mr. Thurmond)- To 96. S. 1613 (Mr. Bradley)-To November 20, 1989. 

suspend temporarily the duty on suspend temporarily the duty on 

tamoxifen citrate. 109. S. 1733 (Mr. Bentsen)-To p-tolualdehyde. May 29, 1990. 

March 15, 1990. suspend temporarily the duty on 120. S. 2060 (Mr. Dole)-To suspend 

97. S. 1642 (Mr. Matsunaga)- To 

a certain specialty thermoset temporarily the duty on resin. February 26, 1990. sucralfate. July 24, 1990. 

extend the existing suspension of 

duty on certain knitwear 110. S. 1736 (Mr. Grassley)-To 121. S. 2061 (Mr. Dole)-To suspend 

fabricated in Guam. suspend temporarily the duty on temporarily the duties on 

November 20, 1989. mercuric oxide. diltiazem hydrochloride, and 

November 20, 1989. sustained-release diltiazem 

98. S. 1647 (Mr. Coats)-To suspend hydrochloride. May 29, 1990. 

temporarily the duty on 111. S. 1744 (Mr. Lautenberg)-To 

fenofibrate. November 20, 1989. suspend temporarily the duty on 122. S. 2062 (Mr. Dole)-To suspend 

December 18, 1989. 2,3,6-ttimethylphenol (fMP). temporarily the duty on 

November 20, 1989. mesalamine. May 21, 1990. 

99. S. 1648 (Mr. Symms)-To 123. S. 2063 (Mr. Dole)-To suspend amend accounting procedures 112. S.1745 (Mr. Bradley)- To 

under section 313 of the Tariff extend the temporary suspension temporarily the duties on 

Act of 1930. January 18, 1990. of duty on jacquard cards and to TA3090. May 29, 1990. 

include in the suspension plastic 124. S. 2065 (Mr. Moynihan)- To 

100. S.1685 (Mr. Dodd)-To suspend jacquard cards and other cards to provide for duty-free treatment 

temporarily the duty on be used as jacquard cards. of, and refund of duties paid on, 

6-tert-butyl-2,4-xylenol. December 29, 1989. certain entties of frozen 

December 18, 1989. 

113. S. 1779 (Mr. Bentsen)- To vegetables. September 18, 1990. 

101. S. 1686 (Mr. Dodd)-To suspend change the tariff treatment of 125. S. 2081 (Mr. Danforth)-To 

temporarily the duty on certain brooms wholly or in part extend the existing temporary 

2,4-diamino-6-phenyl- 1,3,5- of broom com. suspension of duty for toy 

triazine. December 8, 1989. December 19, 1989. jewelry, certain small toys and 

66 
novelty goods, and for other 136. S. 2138 (Mr. Johnston)-To 145. S. 2218 (Mr. Bradley)-To 

purposes. September 19, 1990. suspend for a 3-year period the suspend for a 5-year period the 

126. S. 2086 (Mr. Rockefeller)- To duty on ~-naphthol. duty on dimethoate. 

extend the current duty May 21, 1990. May 15, 1990. 

suspension on certain glass 137. S. 2139 (Mr. Johnston)-To 146. S. 2219 (Mr. Bradley)-To 

ceramic kitchenware. suspend for a 3-year period the amend the Harmonized Tariff 

May 29, 1990. duty on rosachloride lumps. Schedule of the United States to 

127. S. 2107 (Mr. Graham)-To August 21, 1990. eliminate the duty on 

2,2' -azobis- (isobutyronitrile ). suspend temporarily the duty on 138. S. 2140 (Mr. Mitchell)-To August 7, 1990. 

copper acetate monohydrate. amend provisions of law 

June 4, 1990. 147. S. 2221 (Mr. Bradley)-To affecting the use of certain 

128. S. 2109 (Mr. Dixon)-To distilled spirits in foreign trade suspend temporarily the duty on 

methyl and ethyl parathion. suspend temporarily the duty on zones. April 24, 1990. August 7, 1990. 

parts of generators for use on 139. S. 2141 (Mr. Dole)-To 148. S. 2271 (Mr. Armstrong)- To aircraft May 15, 1990. temporarily increase the duty on continue the temporary 

129. S. 2116 (Mr. Armstrong)- To ethyl tertiary-butyl ether. suspension of the duty on certain 

suspend temporarily the duty on May 29, 1990. aromatic color couplers and 

certain glass fibers. 

140. S. 2142 (Mr. Rockefeller)- To coupler intermediates. 

May 15, 1990. 

suspend temporarily the duty on June 20, 1990. 

130. S. 2131 (Mr. Heinz)-To metallurgical fluorspar. 149. S. 2275 (Mr. Heinz)-To grant 

suspend temporarily the duty on April 6, 1990. temporary duty-free treatment to 

karate pants and belts. 

141. S. 2190 (Mr. Dixon)-To correct 

3-aminopropanol. July 9, 1990. 

April 24, 1990. 

the Harmonized Tariff Schedule 150. S. 2549 (Mr. Symms)-To 

131. S. 2132 (Mr. Johnston)-To of the United States as it applies temporarily suspend the duty on 

suspend for a 3-year period the to parts of ionization smoke certain radio/tape player 

duty on diamino imid sp. detectors. May 21, 1990. combinations. August 14, 1990. 

August 14, 1990. 151. S. 2781 (Mr. Helms)-To extend 142. S. 2192 (Mr. Cranston)- 132. S. 2134 (Mr. Johnston)-To Relating to the tariff treatment of the existing suspension of duty 

suspend for a 3-year period the certain paper products and on m-toluic acid until January 1, 

duty on 2-(4-aminophenyl)-6- synthetic detergents. 1994. August 21, 1990. 

methyl benzothiazole-7-sulfonic June 12, 1990. 

acid. April 9, 1990. 

133. S. 2135 (Mr. Johnston)-To 143. S. 2204 (Mr. Bentsen)-To 

amend the Harmonized Tariff suspend for a 3-year period the Schedule of the United States to duty on sethoxydim. clarify the tariff treatment of May 29, 1990. foliage-type artificial flowers of 

134. S. 2136 (Mr. Johnston)-To manmade fibers. 

suspend for a 3-year period the May 15, 1990. 

duty on 3-ethylamino-p-cresol. 144. S. 2211 (Mr. Moynihan)- To May 21, 1990. suspend the duty on 

135. S. 2137 (Mr. Johnston)-To diphenyldichlorosilane and 

suspend for a 3-year period the phenyltrichlorosilane. 

duty on 6-amino-1- July 24, 1990. 

naphthol-3-sulfonic acid. 

April 9, 1990. 

67 
68 

AppendixD 

Litigation in FY 1990 

Litigation Completed 

Appeals Arising From 

Antidumping and Countervailing 

Duty Investigations 

Avesta AB. v. United States, Appeal 

No. 90-1120 (Court of Appeals for 

the Federal Circuit) 

The Federal Circuit affirmed the 

Court of International Trade's decision sustaining the Commission's 

determination not to institute a section 751 review of an outstanding 

dumping order covering stainless 

steel plate from Sweden, issued as a 

result of the Commission's affirmative determination in Stainless Steel 

Plate From Sweden (Investigation 

No. AA192-114). The court rejected the contentions asserted by 

Avesta AB, the Swedish producer, 

that the Commission's standards for 

institution of review were arbitrarily 

high as a matter of law and as 

applied. The Federal Circuit noted 

that Congress gave the Commission 

broad discretion to make case-bycase determinations of what were 

sufficient changed circumstances to 

warrant review and held that the alleged changed circumstances "were 

either the direct and anticipated result of the imposition of import relief, were supported by the record, 

or had no significant connection to 

the impact of dumped Swedish 

stainless steel plate on [the] domestic industry." 

Cambridge Lee Industries, Inc. v. 

United States, Court No. 88-09-00714 

(Court of International Trade) 

By order dated July 20, 1990, 

after considering the Commission's 

remand determination, the U.S. 

Court of International Trade dismissed the appeal from the Commission's affirmative determination 

in Investigation No. 731-TA-379, 

Certain Brass Sheet and Strip From 

Japan. Incorporating the reasoning 

set forth in its opinion in a companion case, Metallverken Nederland, 

B.V. v. United States, 128 F. Supp. 

730 (CIT 1989), prior to the remand, the court had sustained (1) 

the Commission's interpretation of 

the statutory provision mandating 

that an evenly divided vote of the 

Commission is deemed an affmnative determination, (2) the affmnative material injury determinations 

of two Commissioners, and (3) portions of the affmnative threat determination of a third Commissioner. 

Of particular note was the court's 

agreement with the proposition that 

the mere existence of "underutilized" foreign capacity under threat 

factor (VI), is probative of threat of 

material injury. In addition, prior to 

the remand, the court had sustained 

the Commission's like-product determination in Cambridge Lee. The 

court remanded for cl3rification certain other portions of the third 

Commissioner's affmnative threat 

determination, because the court was 

unable to assess the impact of a 

mistake of fact on that Commissioner's analysis. After reviewing the 

remand determination, in separate 

orders issued on July 20, 1990, the 

court dismissed the appeals in both 

Cambridge Lee and Metallverken 

Nederland. Although the judgment 

in Metallverken has been appealed 

to the Federal Circuit, the time for 

appeal in Cambridge Lee has lapsed 

without an appeal being filed. 

Chaparral Steel Co. v. United States, 

Appeals N<>S. 89-1338, 89-1339 

(Court of Appeals for the Federal 

·Circuit) 

The Court of Appeals for the 

Federal Circuit reversed the decision 

of the Court of International Trade 

and affirmed the Commission's cumulation analysis in Carbon Steel 

Structural Shapes From Norway (Investigation No. 731-TA-234). The 

Federal Circuit concluded that the 

U.S. International Trade Commission's interpretation to exclude from 

cumulation Spanish and South African imports, which had long been 

subject to antidumping duties, and 

Polish imports, as to which investigation terminated when Poland ascribed to a voluntary restraint agreement, was permissible in view of 

the statutory language, the legislative history, and the congressional 

purpose of title VII. 

Citizen Watch Co., Ltd. et al. v. 

United States, Court No. 88-01-00046 

(Court oflnternational Trade) 

The Court of International Trade 

affmned the Commission's determination in Liquid Display Television 

Receivers From Japan (Investigation 

No. 751-TA-14) not to exclude liquid crystal display televisions (LCD 

TVs) from the scope of a 1971 antidumping duty order issued against 

television sets from Japan and in accordance with 19 U.S.C. § 1675(b). 

The court held that the Commission 

acted properly by not separately 

analyzing whether modification of 

the order to exclude LCD TVs 

would result in injury to the domestic TV industry as a whole, that 

there was substantial evidence of 

record to support the Commission's 

determination that LCD TVs did not 

constitute a separate like product, 

and that changed circumstances 

were sufficient to support a 751 review. 

Roses, Inc. v. United States, Court 

No. 84-10-01371 (Court of 

International Trade) 

The court affmned and supported the Commission's 1984 determination that the domestic industry producing fresh-cut roses was 

not materially injured and was not 

threatened with material injury by 

reason of less-than-fair-value imports of Fresh Cut Roses From Colombia (Investigation No. 

731-TA-426). The court held that 

the Commission's affirmative material injury determination was based 

on substantial evidence, in particular 

concluding that to require the Commission to break down data by rose 

variety or geographic producer sector or to reevaluate financial information on a quarterly rather than 

annual basis would constitute improper judicial reweighing of the 
evidence. The decision also sustained as supported by substantial 

evidence the Commission's conclusion that notwithstanding rising imports, there was not a threat of material injury. The court upheld the 

Commission's determination of no 

threat of material injury by reason 

of imports, concluding that while 

reasonable minds could disagree as 

to the import of the facts of record, 

the Commission's determination did 

not lack substantial evidentiary support in the record. 

Sandvik AB, AB Sandvik Steel and 

Sandvik Steel Co. v. United States, 

Appeal No. 90-1082 (Court of 

Appeals for the Federal Circuit) 

The U.S. Court of Appeals for 

the Federal Circuit summarily affirmed without opinion the decision 

of the U.S. Court of International 

Trade upholding the Commission's 

affirmative determination with respect to seamless pipe and tube in 

Stainless Steel Pipes and Tubes 

From Sweden, Investigation No. 

731-TA-354 (Final). The court thus 

rejected, inter alia, appellants' arguments that the Commission's determination should be remanded because of the Commission's failure to 

consider causation issues as to the 

material injury of certain producers 

individually and the lack of competition between certain imports and 

domestic products. 

New Steel Rails From Canada, 

USA-89-1904-09 and-10 (United 

States-Canada Binational Panel 

Review) 

On August 13, 1990, a panel 

formed pursuant to article 19 of the 

United States-Canada Free-Trade 

Agreement affrrmed the Commissions 's determination that a U.S. industry is threatened with material 

injury by reason of dumped and 

subsidized imports in Investigations 

Nos. 701-TA-297 and 731-TA-422. 

The panel determined that the Commission is not precluded from making a threat determination even 

though the material injury to the domestic industry was not by reason 

of the subject imports. It further 

held that the Commission is entitled 

to consider dumped imports from 

the country under investigation as a 

part of the relevant conditions of 

trade in connection with its determination of threat of injury by reason 

of subsidized imports. The opinion 

also concludes that the Commission 

had clearly expressed its legal analyses and did not impose an improper burden of proof. 

Appeals Arising From 

Investigations Under Section 337 of 

the Tariff Act of 1930 

Amgen, Inc. v. U.S. International 

Trade Commission, Appeal No. 

89-1523 (Court of Appeals for the 

Federal Circuit) 

The Court of Appeals for the 

Federal Circuit vacated and remanded the Commission's decision in 

Certain Recombinant Erythropoietin 

(Investigation No. 337-TA-281), 

holding that the Commission should 

have dismissed the complaint submitted by Amgen, Inc., on the merits for failure to state a proper cause 

of action, rather than for lack of 

subject matter jurisdiction. The 

Federal Circuit noted that "the jurisdictional requirements of section 

337 mesh with the factual requirements necessary to prevail on the 

merits." The court affrrmed the 

Commission's two substantive findings- that Amgen 's patent failed to 

cover processes and that the applicable 337 provision did not apply to 

importation of products made 

abroad by means of a patented host 

cell. 

Bristol Myers Co. v. U.S. 

International Trade Commission, 

Appeal No. 89-1530 (Court of 

Appeals for the Federal Circuit) 

The Court of Appeals for the 

Federal Circuit reversed the Commission's determination in Certain 

Crystalline Cefadroxil Monohydrate 

(Investigation No. 337-TA-293), denying Bristol Myers' request for a 

temporary exclusion order under 

section 337(e) of the Tariff Act of 

1930. The court held that the Commission erred in (1) concluding that 

petitioner was not entitled to a temporary exclusion order because there 

was a reason to believe that a violation had occurred, and (2) in determining that the cefadroxil patent 

would likely be proven invalid for 

obviousness. The court considered 

the proper inquiry to be whether the 

prior art itself provided an affrrmative suggestion that it could be modified to make the specific compound in the Bristol Myers' patent 

and held that the patent was nonobvious. 

Hyundai Electronics Industries Co., 

Ltd. v. U.S. International Trade 

Commission, Appeal No. 89-1600 

(Court of Appeals for the Federal 

Circuit) 

The Court of Appeals for the 

Federal Circuit affrrmed the Commission's determination in Certain 

Erasable Programmable Read Only 

Memories, Components Thereof, 

Products Containing Such Memories, and Processes for Making Such 

Memories (Investigation No. 

337-TA-276), issuing a limited exclusion order extending to certain 

downstream products incorporating 

the devices under investigation. 

The Federal Circuit affrrmed the 

specific remedy issued by the Commission, holding that the appropriate 

standard of review of Commission 

remedy determinations is whether 

there has been an abuse of discretion by the Commission in the issuance of the specific remedy chosen. 

Makita U.SA. lnc., Makita Corp. of 

America v. U.S. International Trade 

Commission, Tachiado Industry Co., 

Ltd., and Jepson, Inc., and Ko Shin 

Electric & Machinery Co., Ltd., 

Appeal No. 89-1709 (Court of 

Appeals for the Federal Circuit) 

The Federal Circuit affirmed the 

negative determination of the Commission in In Re Certain Electric 

Power Tools, Battery Cartridges, 

and Battery Chargers (Investigation 

No. 337-TA-284). The court rejected Makita's argument that the 

imports of certain electric power 

69 
70 

tools, battery cartridges and battery 

chargers infringed Makita's common 

law trademarks as to the design and 

the combined color and design of its 

products. The Federal Circuit, affinning the Commission's opinion, 

sustained that Makita's claimed 

trademarks were neither inherently 

distinctive nor had they acquired 

secondary meaning, t,hat the marks 

were de jure functional, and that no 

likelihood of confusion existed. 

Seibu Polymer Chemi.cal Co. Ltd. and 

Seibulite International Inc. v. U.S. 

International Trade Commi..ssion, 

Appeal No. 89-1006 (Court of 

Appeals for the Federal Circuit) 

The Court of Appeals for the 

Federal Circuit upheld the Commission's final detennination in Certain 

High Intensity Retroflective Sheeting 

(Investigation No. 337-TA-268). 

The court held that the Commission 

did not misconstrue the relevant 

claims of the patent as a meansplus-function claim and that the 

claims were invalid for lack of enablemenL 

SMAR International Corp. v. U.S. 

International Trade Commission, 

Appeal No. 90-1278 (Court of 

Appeals for the Federal Circuit) 

The Federal Circuit dismissed an 

appeal by SMAR International, respondent, in Certain Pressure Transmi.tters (Investigation No. 

337-TA-304), denying petitioner's 

request for temporary relief against 

SMAR. Although SMAR alleged 

that the Commission should have 

denied the relief on other grounds, 

the court held that SMAR was not 

adversely affected by a decision denying it relief. 

Litigation Terminated 

In addition to the cases discussed above, a number of cases 

were terminated during FY 1990 

without final decisions on the merits, 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. 

Ad Hoc Granite Trade Group v. 

United States, Court No. 88-08-00653 

(Court of International Trade). 

American Packaging Specialists, Inc. v. United States, Court No. 

82-7-00937 (Court of International 

Trade). 

Armstrong Rubber v. United States, 

Appeal No. 88-1380 (Court of 

Appeals for the Federal Circuit). 

Asahi Chemi.cal Industry Co., Ltd. v. 

United States, Court No. 

80-5-00755-S (Court of International 

Trade). 

Atmel Corp. v. U.S. International 

Trade Commission, Appeal No. 

89-1333 (Court of Appeals for the 

Federal Circuit). 

Aunyx Corp. v. United States, Court 

No. 87-04-00593 (Court of 

International Trade). 

Biocraft Laboratories, Inc. v. U.S. 

International Trade Commission, 

Appeal No. 89-1553 (Court of 

Appeals for the Federal Circuit). 

Cooperlndustries,lnc. v. U.S. 

International Trade Commission, 

Appeal No. 89-1694 (Court of 

Appeals for the Federal Circuit). 

In Re Convertible Rowing Exerciser 

Patent Litigation, Misc. No. 268 

(Court of Appeals for the Federal 

Circuit). 

Cullom Machine Tool & Die, Inc. v. 

United States, Court No. 90-02-00064 

(Court oflntemational Trade). 

Dexter Lock Co., Nalcor, Inc., 

Schlage Lock Co., and Weiser Lock 

Co., v. United States, Court No. 

90-03-00118 (Court oflntemational 

Trade). 

Dudley Shearing Machine 

Manufacturing Co., Ltd. v. United 

States International Trade 

Commission, Appeal No. 90-1325 

(Court of Appeals for the Federal 

Circuit). 

Fujitsu Limi.ted and Fujitsu America, 

Inc. v. United States, Court No. 

90-01-00022 (Court of International 

Trade). 

In the Matter of Generic Cephalexin 

Capsules from Canada (Notice of 

intent to commence judicial review 

filed with the United States-Canada 

Free-Trade Agreement, pursuant to 

19 U.S.C. § 1516a(g)(3)(B); no 

summons filed. 

Hitachi 'Zosen Corp. v. U.S. 

International Trade Commi.ssion, 

Court No. 90-03-00133 (Court of 

International Trade). 

INA Roulements SA. and INA 

Bearing Co., Inc. v. United States, 

Court No. 89-06-00339 (Court of 

International Trade). 

INA Walzalger Scho.effler K.G. and 

INA Bearing Co. v. United States, 

Court No. 89-06-00365 (Court of 

International Trade). 

In Re Mag Instruments, Misc. Docket 

No. 256 (Court of Appeals for the 

Federal Circuit). 

Mutoh Corp., & MutohAmerica v. 

United States, Court No. 90-01-00047 

(Court of International Trade). 

Newell Co. v. United States, Court 

No. 86-06-00720 (Court of 

International Trade). 

Nitsuko Corp. v. United States, Court 

No. 90-01-00020 (Court of 

International Trade). 

TaiwanNitsuko Co., Ltd. v. United 

States, Court No. 90-01-00019 (Court 

of International Trade). 

USX v. United States, Court No. 

85-11-01542 (Court of International 

Trade); SSAB Svenskt Staal AB v. 

United States, Court No. 85-11-01577 

(Court of International Trade). 
U.S. International Trade Commission 

v. OPEX Inc., Misc. No. 90-186 

(District Court for the District of 

Columbia). 

U.S. International Trade Commission 

v. Hyman Products, Inc., Misc. No. 

90-187 (Disb'ict Court for the Disb'ict 

of Columbia). 

Yuasa-Exide Battery Corp. v. United 

States, Com1 No. 89-08-00461 (Court 

of International Trade). 

Yuasa-Exide Battery Corp. v. United 

States, Com1 No. 89-08-00530 (Court 

of International Trade). 

Litigation Pending at the 

End of FY 1990 

Cases arising from antidumping 

and countervailing duty 

investigationsl . . . . . . . . . . . . 31 

Cases arising from 

section 337 

determinations . . . . . . . . . . 8 

Other litigation . . . . . . . . . . . 3 

Total.................... 42 

I All cases filed by different parties that 

challenge the same Commission detennination 

or that have been CClllsolidated by the coun are 

counted only as a single piece oflitigation. Thus, 

the acwal nmnber of complaints filed is greater 

than the nwnber given above. 

By comparison .• at the end of FY 

1989. there were 45 pending cases 

arising from antidumping and countervailing duty investigations, 12 arising from section 337 determinations, 

and 4 arising from other subjects, for 

a total of 61. 

71 

Commission and Executive Staff 

as of September 30, 1990 

The Commission 

Anne E. Brunsdale, Vice Chairman and 

Acting Chairman 

Seeley G. Lodwick 

David B. Rohr 

Don E. Newquist 

The Executive Staff 

Office of the Secretary 

Secretary 

Office of Public Affairs 

Acting Director 

Office of the Administrative Law 

Judges, Chief Administrative Law Judge 

Office of Executive and International 

Liaison, Director 

Office of Congressional Liaison 

Director 

Office of the General Counsel 

General Counsel 

Office of Inspector General 

Inspector General 

Office of Operations 

Director 

Office of Economics 

Director 

Office of Industries 

Director 

Office of Investigations 

Director 

Office of Tariff Affairs and 

Trade Agreements, Director 

Office of Unfair Import 

Investigations, Director 

Trade Remedy Assistance Office 

Director 

Office of Administration 

Director 

Office of Finance and Budget 

Director 

Office of Management Services 

Director 

Office of Personnel 

Director 

Office of Information Resources 

Management, Director 

Library Services 

Chief 

Kenneth R. Mason 

Lisbeth Kamborian Godley 

Janet Saxon 

William T. Hart 

Jane C. Baird 

Lyn M. Schlitt 

Jane E. Altenhofen 

Charles W. Ervin 

John Suomela 

Robert A. Rogowsky 

William L. Featherstone 

Eugene A. Rosengarden 

Lynn L. Levine 

Gary L. Kaplan 

Lorin L. Goodrich 

Philip H. Katz 

David E. Spencer 

Terry P. McGowan 

Michael J. Olsavsky 

Barbara J. Pruett 
UNITED STATES 

INTERNATIONAL 

TRADE COMMISSION 

500 E STREET SW. 

WASHINGTON, DC 20436