US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1330]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                     SUBTITLE II--SPECIAL PROVISIONS
 
          Part II--United States International Trade Commission
 
Sec. 1330. Organization of Commission


(a) Membership

    The United States International Trade Commission (referred to in 
this subtitle as the ``Commission'') shall be composed of six 
commissioners who shall be appointed by the President, by and with the 
advice and consent of the Senate. No person shall be eligible for 
appointment as a commissioner unless he is a citizen of the United 
States, and, in the judgment of the President, is possessed of 
qualifications requisite for developing expert knowledge of 
international trade problems and efficiency in administering the duties 
and functions of the Commission. A person who has served as a 
commissioner for more than 5 years (excluding service as a commissioner 
before January 3, 1975) shall not be eligible for reappointment as a 
commissioner. Not more than three of the commissioners shall be members 
of the same political party, and in making appointments members of 
different political parties shall be appointed alternately as nearly as 
may be practicable.

(b) Terms of office

    The terms of office of the commissioners holding office on January 
3, 1975, which (but for this sentence) would expire on June 16, 1975, 
June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 
1980, shall expire on December 16, 1976, June 16, 1978, December 16, 
1979, June 16, 1981, December 16, 1982, and June 16, 1984, respectively. 
The term of office of each commissioner appointed after such date shall 
expire 9 years from the date of the expiration of the term for which his 
predecessor was appointed, except that--
        (1) any commissioner appointed to fill a vacancy occurring prior 
    to the expiration of the term for which his predecessor was 
    appointed shall be appointed for the remainder of such term, and
        (2) any commissioner may continue to serve as a commissioner 
    after an expiration of his term of office until his successor is 
    appointed and qualified.

(c) Chairman and vice chairman; quorum

    (1) The chairman and the vice chairman of the Commission shall be 
designated by the President from among the members of the Commission not 
ineligible, under paragraph (3), for designation. The President shall 
notify the Congress of his designations under this paragraph. If, as of 
the date on which a term begins under paragraph (2), the President has 
not designated the chairman of the Commission for such term, the 
Commissioner \1\ who, as of such date--
---------------------------------------------------------------------------
    \1\ So in original. Probably should not be capitalized.
---------------------------------------------------------------------------
        (A) is a member of a different political party than the chairman 
    of the Commission for the immediately preceding term, and
        (B) has the longest period of continuous service as a 
    commissioner,

shall serve as chairman of the Commission for the portion of such term 
preceding the date on which an individual designated by the President 
takes office as chairman.
    (2) After June 16, 1978, the terms of office for the chairman and 
vice chairman of the Commission shall be as follows:
        (A) The first term of office occurring after such date shall 
    begin on June 17, 1978, and end at the close of June 16, 1980.
        (B) Each term of office thereafter shall begin on the day after 
    the closing date of the immediately preceding term of office and end 
    at the close of the 2-year period beginning on such day.

    (3)(A) The President may not designate as the chairman of the 
Commission for any term any commissioner who is a member of the 
political party of which the chairman of the Commission for the 
immediately preceding term is a member, or who has less than 1 year of 
continuous service as a commissioner as of the date such designation is 
being made.
    (B) The President may not designate as the vice chairman of the 
Commission for any term any commissioner who is a member of the 
political party of which the chairman for that term is a member.
    (C) If any commissioner does not complete a term as chairman or vice 
chairman by reason of death, resignation, removal from office as a 
commissioner, or expiration of his term of office as a commissioner, the 
President shall designate as the chairman or vice chairman, as the case 
may be, for the remainder of such term a commissioner who is a member of 
the same political party. Designation of a chairman under this 
subparagraph may be made without regard to the 1-year continuous service 
requirement under subparagraph (A).
    (4) The vice chairman shall act as chairman in case of the absence 
or disability of the chairman. During any period in which there is no 
chairman or vice chairman, the commissioner having the longest period of 
continuous service as a commissioner shall act as chairman.
    (5) No commissioner shall actively engage in any business, vocation, 
or employment other than that of serving as a commissioner.
    (6) A majority of the commissioners in office shall constitute a 
quorum, but the Commission may function notwithstanding vacancies.

(d) Effect of divided vote in certain cases

    (1) In a proceeding in which the Commission is required to 
determine--
        (A) under section 2252 of this title, whether increased imports 
    of an article are a substantial cause of serious injury, or the 
    threat thereof, as described in subsection (b)(1) of that section 
    (hereafter in this subsection referred to as ``serious injury''), or
        (B) under section 2436 of this title, whether market disruption 
    exists.

and the commissioners voting are equally divided with respect to such 
determination, then the determination, agreed upon by either group of 
commissioners may be considered by the President as the determination of 
the Commission.
    (2) If under section 2252(b) or 2436 of this title there is an 
affirmative determination of the Commission, or a determination of the 
Commission which the President may consider an affirmative determination 
under paragraph (1), that serious injury or market disruption exists, 
respectively, and a majority of the commissioners voting are unable to 
agree on a finding or recommendation described in section 2252(e)(1) of 
this title or the finding described in section 2436(a)(3) of this title, 
as the case may be (hereafter in this subsection referred to as a 
``remedy finding''), then--
        (A) if a plurality of not less than three commissioners so 
    voting agree on a remedy finding, such remedy finding shall, for 
    purposes of section 2253 of this title, be treated as the remedy 
    finding of the Commission, or
        (B) if two groups, both of which include not less than 3 
    commissioners, each agree upon a remedy finding and the President 
    reports under section 2254(a) of this title that--
            (i) he is taking the action agreed upon by one such group, 
        then the remedy finding agreed upon by the other group shall, 
        for purposes of section 2253 of this title, be treated as the 
        remedy finding of the Commission, or
            (ii) he is taking action which differs from the action 
        agreed upon by both such groups, or that he will not take any 
        action, then the remedy finding agreed upon by either such group 
        may be considered by the Congress as the remedy finding of the 
        Commission and shall, for purposes of section 2253 of this 
        title, be treated as the remedy finding of the Commission.

    (3) In any proceeding to which paragraph (1) applies in which the 
commissioners voting are equally divided on a determination that serious 
injury exists, or that market disruption exists, the Commission shall 
report to the President the determination of each group of 
commissioners. In any proceeding to which paragraph (2) applies, the 
Commission shall report to the President the remedy finding of each 
group of commissioners voting.
    (4) In a case to which paragraph (2)(B)(ii) applies, for purposes of 
section 2253(a) of this title, notwithstanding section 2192(a)(1)(A) of 
this title, the second blank space in the joint resolution described in 
such section 2192(a)(1)(A) of this title shall be filled with the 
appropriate date and the following: ``The action which shall take effect 
under section 203(a) of the Trade Act of 1974 is the finding or 
recommendation agreed upon by Commissioners _______, _______, and 
______.'' The three blank spaces shall be filled with the names of the 
appropriate Commissioners.
    (5) Whenever, in any case in which the Commission is authorized to 
make an investigation upon its own motion, upon complaint, or upon 
application of any interested party, one-half of the number of 
commissioners voting agree that the investigation should be made, such 
investigation shall thereupon be carried out in accordance with the 
statutory authority covering the matter in question. Whenever the 
Commission is authorized to hold hearings in the course of any 
investigation and one-half of the number of commissioners voting agree 
that hearings should be held, such hearings shall thereupon be held in 
accordance with the statutory authority covering the matter in question.

(e) Authorization of appropriations

    (1) For the fiscal year beginning October 1, 1976, and each fiscal 
year thereafter, there are authorized to be appropriated to the 
Commission only such sums as may hereafter be provided by law.
    (2)(A) There are authorized to be appropriated to the Commission for 
necessary expenses (including the rental of conference rooms in the 
District of Columbia and elsewhere) not to exceed the following:
        (i) $54,000,000 for fiscal year 2003.
        (ii) $57,240,000 for fiscal year 2004.

    (B) Not to exceed $2,500 of the amount authorized to be appropriated 
for any fiscal year under subparagraph (A) may be used, subject to the 
approval of the Chairman of the Commission, for reception and 
entertainment expenses.
    (C) No part of any sum that is appropriated under the authority of 
subparagraph (A) may be used by the Commission in the making of any 
special study, investigation, or report that is requested by any agency 
of the executive branch unless that agency reimburses the Commission for 
the cost thereof.
    (3) There are authorized to be appropriated to the Commission for 
each fiscal year after September 30, 1977, in addition to any other 
amount authorized to be appropriated for such fiscal year, such sums as 
may be necessary for increases authorized by law in salary, pay, 
retirement, and other employee benefits.
    (4) By not later than the date on which the President submits to 
Congress the budget of the United States Government for a fiscal year, 
the Commission shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate the 
projected amount of funds for the succeeding fiscal year that will be 
necessary for the Commission to carry out its functions.

(f) Treatment of Commission under Paperwork Reduction Act

    The Commission shall be considered to be an independent regulatory 
agency for purposes of chapter 35 of title 44.

(June 17, 1930, ch. 497, title III, Sec. 330, 46 Stat. 696; Aug. 7, 
1953, ch. 348, title II, Sec. 201, 67 Stat. 472; Pub. L. 93-618, title 
I, Secs. 172(a), (b), 175(b), Jan. 3, 1975, 88 Stat. 2009-2011; Pub. L. 
94-455, title XVIII, Sec. 1801(a), (b), Oct. 4, 1976, 90 Stat. 1762; 
Pub. L. 95-106, Secs. 1, 2(a), Aug. 17, 1977, 91 Stat. 867; Pub. L. 95-
430, Oct. 10, 1978, 92 Stat. 1020; Pub. L. 97-456, Sec. 1(a), Jan. 12, 
1983, 96 Stat. 2503; Pub. L. 98-573, title II, Sec. 248(c), title VII, 
Sec. 701, Oct. 30, 1984, 98 Stat. 2998, 3043; Pub. L. 99-272, title 
XIII, Sec. 13021, Apr. 7, 1986, 100 Stat. 305; Pub. L. 100-203, title 
IX, Sec. 9502, Dec. 22, 1987, 101 Stat. 1330-380; Pub. L. 100-418, title 
I, Secs. 1401(b)(4), 1611, 1612, Aug. 23, 1988, 102 Stat. 1240, 1262; 
Pub. L. 100-647, title IX, Sec. 9001(a)(15), Nov. 10, 1988, 102 Stat. 
3808; Pub. L. 101-207, Sec. 2, Dec. 7, 1989, 103 Stat. 1833; Pub. L. 
101-382, title I, Sec. 101, Aug. 20, 1990, 104 Stat. 633; Pub. L. 102-
185, Sec. 1(a)(1), (2), (c)(1), Dec. 4, 1991, 105 Stat. 1280; Pub. L. 
107-210, div. A, title III, Sec. 371, Aug. 6, 2002, 116 Stat. 991.)

                       References in Text

    Section 203(a) of the Trade Act of 1974, referred to in subsec. 
(d)(4), is classified to section 2253(a) of this title.

                          Codification

    Provisions of subsec. (c) which prescribed the annual basic 
compensation of the commissioners were omitted to conform to the 
provisions of the Executive Schedule. See sections 5314 and 5315 of 
Title 5, Government Organization and Employees.


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 8, 1916, ch. 463, Sec. 700, 39 Stat. 795. That section was 
superseded by section 330 of act June 17, 1930, comprising this section.


                               Amendments

    2002--Subsec. (e)(2)(A)(i). Pub. L. 107-210, Sec. 371(a)(1), added 
cl. (i) and struck out former cl. (i) which read as follows: 
``$41,170,000 for fiscal year 1991.''
    Subsec. (e)(2)(A)(ii). Pub. L. 107-210, Sec. 371(a)(2), added cl. 
(ii) and struck out former cl. (ii) which read as follows: ``$44,052,000 
for fiscal year 1992.''
    Subsec. (e)(4). Pub. L. 107-210, Sec. 371(b), added par. (4).
    1991--Subsec. (c)(1). Pub. L. 102-185, Sec. 1(c)(1), inserted at end 
``If, as of the date on which a term begins under paragraph (2), the 
President has not designated the chairman of the Commission for such 
term, the Commissioner who, as of such date--
        ``(A) is a member of a different political party than the 
    chairman of the Commission for the immediately preceding term, and
        ``(B) has the longest period of continuous service as a 
    commissioner,
shall serve as chairman of the Commission for the portion of such term 
preceding the date on which an individual designated by the President 
takes office as chairman.''
    Subsec. (c)(3)(A). Pub. L. 102-185, Sec. 1(a)(2)(A), inserted ``, or 
who has less than 1 year of continuous service as a commissioner as of 
the date such designation is being made'' before the period.
    Pub. L. 102-185, Sec. 1(a)(1)(A), amended subpar. (A) generally. 
Prior to amendment, subpar. (A) read as follows: ``The President may not 
designate as the chairman of the Commission for any term--
        ``(i) either of the two commissioners with the shortest period 
    of service on the Commission as of the beginning date of the term of 
    office for which the designation of chairman is to be made; or
        ``(ii) any commissioner who is a member of the political party 
    of which the chairman of the Commission for the immediately 
    preceding term is a member.''
    Subsec. (c)(3)(C). Pub. L. 102-185, Sec. 1(a)(2)(B), inserted at end 
``Designation of a chairman under this subparagraph may be made without 
regard to the 1-year continuous service requirement under subparagraph 
(A).''
    Pub. L. 102-185, Sec. 1(a)(1)(B), struck out at end ``Designation of 
a chairman under this subparagraph may be made without regard to the 
limitation set forth in subparagraph (A)(i).''
    1990--Subsec. (e)(2). Pub. L. 101-382 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``There are authorized to 
be appropriated to the Commission for necessary expenses (including the 
rental of conference rooms in the District of Columbia and elsewhere) 
for fiscal year 1990 not to exceed $39,943,000; of which not to exceed 
$2,500 may be used, subject to approval by the Chairman of the 
Commission, for reception and entertainment expenses. No part of any sum 
that is appropriated under the authority of this paragraph may be used 
by the Commission for the making of any special study, investigation, or 
report that is requested by any agency of the executive branch unless 
that agency reimburses the Commission for the cost thereof.''
    1989--Subsec. (e)(2). Pub. L. 101-207 substituted ``1990'' for 
``1988'' and ``$39,943,000'' for ``$35,386,000''.
    1988--Subsec. (c)(3)(A)(i). Pub. L. 100-647 substituted ``with the 
shortest period of service on'' for ``most recently appointed to''.
    Pub. L. 100-418, Sec. 1611, which directed that subsec. (c)(A)(i) of 
this section be amended by substituting ``with the shortest period of 
service on'' for ``most recently appointed to'', was probably intended 
to be an amendment to subsec. (c)(3)(A)(i). See amendment by Pub. L. 
100-647 above.
    Subsec. (d)(1)(A). Pub. L. 100-418, Sec. 1401(b)(4)(A), substituted 
``2252'' for ``2251''.
    Subsec. (d)(2). Pub. L. 100-418, Sec. 1401(b)(4)(B)(i), (iii), in 
introductory provisions substituted ``2252(b)'' and ``2252(e)(1)'' for 
``2251'' and ``2251(d)(1)'', respectively.
    Subsec. (d)(2)(A). Pub. L. 100-418, Sec. 1401(b)(4)(B)(iv), 
substituted ``section 2253 of this title'' for ``sections 2252 and 2253 
of this title''.
    Subsec. (d)(2)(B). Pub. L. 100-418, Sec. 1401(b)(4)(B)(iv), (v), in 
introductory provisions substituted ``section 2254(a) of this title'' 
for ``section 2253(b) of this title'' and, in cls. (i) and (ii), 
substituted ``section 2253 of this title'' for ``sections 2252 and 2253 
of this title''.
    Subsec. (d)(4). Pub. L. 100-418, Sec. 1401(b)(4)(C), substituted 
``section 2253(a) of this title'' for ``section 2253(c)(1) of this 
title'' and ``section 203(a) of the Trade Act of 1974'' for ``section 
203(c)(1) of the Trade Act of 1974''.
    Subsec. (f). Pub. L. 100-418, Sec. 1612, added subsec. (f).
    1987--Subsec. (e)(2). Pub. L. 100-203 substituted ``for fiscal year 
1988 not to exceed $35,386,000'' for ``fiscal year 1986 not to exceed 
$28,901,000''.
    1986--Subsec. (e)(2). Pub. L. 99-272 amended first sentence 
generally, substituting ``for fiscal year 1986 not to exceed 
$28,901,000'' for ``for fiscal year 1985 not to exceed $28,410,000''.
    1984--Subsec. (d)(4). Pub. L. 98-573, Sec. 248(c), substituted ``the 
joint resolution described in such section 2192(a)(1)(A)'' for ``the 
concurrent resolution described in such section 2192''.
    Subsec. (e)(2). Pub. L. 98-573, Sec. 701, substituted authorization 
of appropriation of not more than $28,410,000 for fiscal year 1985 for 
necessary expenses, including the rental of conference rooms in the 
District of Columbia and elsewhere for provision authorizing 
appropriation of not more than $19,737,000 for necessary expenses for 
fiscal year 1983, and inserted provision that not more than $2,500 may 
be used, subject to approval by the Chairman of the Commission, for 
reception and entertainment expenses.
    1983--Subsec. (e)(2). Pub. L. 97-456 substituted authorization of 
appropriation of not exceeding $19,737,000 for fiscal 1983 for 
authorization not exceeding $12,963,000 for fiscal 1979, and inserted 
provision relating to reimbursement by agencies of the executive branch 
for studies requested by them.
    1978--Subsec. (e)(2). Pub. L. 95-430 substituted provisions 
authorizing $12,963,000 to be appropriated for the necessary expenses of 
the Commission for fiscal year 1979 for provisions authorizing 
$11,522,000 to be appropriated for similar expenses for fiscal year 
1978.
    1977--Subsec. (c). Pub. L. 95-106, Sec. 2(a), inserted provisions in 
par. (1) for the Congressional notification of Presidential 
designations, substituted, in par. (2), provisions covering the 
expiration of terms of office after June 16, 1978, for provisions 
covering the expiration of terms of office on and after June 17, 1975, 
added par. (3), and redesignated as pars. (4) to (6) provisions formerly 
contained in par. (1).
    Subsec. (e). Pub. L. 95-106, Sec. 1, designated existing provisions 
as par. (1) and added pars. (2) and (3).
    1976--Subsec. (b). Pub. L. 94-455, Sec. 1801(a), inserted provisions 
that any commissioner may continue to serve as a commissioner after an 
expiration of his term of office until his successor is appointed and 
qualified.
    Subsec. (d)(1). Pub. L. 94-455, Sec. 1801(b)(2), substituted 
provisions relating to consideration by the President of determinations 
of the Commission as to whether increased imports of an article are a 
substantial cause of serious injury or threat or whether market 
disruption exists for provisions relating to consideration by the 
President of findings of the Commission in connection with any authority 
conferred upon the President by law to make changes in import 
restrictions.
    Subsec. (d)(2) to (5). Pub. L. 94-455, Sec. 1801(b), added pars. (2) 
to (4) and redesignated former par. (2) as (5).
    1975--Subsec. (a). Pub. L. 93-618, Sec. 172(a), substituted ``United 
States International Trade Commission'' for ``United States Tariff 
Commission'' and inserted provision that a person who has served as a 
commissioner for more than five years (excluding service as a 
commissioner before January 3, 1975) shall not be eligible for 
reappointment as a commissioner.
    Subsec. (b). Pub. L. 93-618, Sec. 172(a), lengthened the term of 
office from 6 years to 9 years for commissioners appointed after Jan. 3, 
1975, and substituted Dec. 16, 1976, June 16, 1978, Dec. 16, 1979, June 
16, 1981, Dec. 16, 1982, and June 16, 1984, for June 16, 1975, June 16, 
1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, 
respectively, as the expiration dates for the terms of office of 
commissioners serving on Jan. 3, 1975.
    Subsec. (c). Pub. L. 93-618, Sec. 172(b), designated existing 
provisions as par. (1), inserted ``Except as provided in paragraph 
(2),'' before ``The'', and added par. (2).
    Subsec. (e). Pub. L. 93-618, Sec. 175(b), added subsec. (e).
    1953--Subsec. (d). Act Aug. 7, 1953, added subsec. (d).


                    Effective Date of 1991 Amendment

    Section 1(a)(3) of Pub. L. 102-185 provided that:
    ``(A) Modification.--The amendments made by paragraph (1) [amending 
this section] shall apply to terms beginning on and after June 17, 1990.
    ``(B) 1-year requirement.--The amendments made by paragraph (2) 
[amending this section] shall apply to terms beginning on and after June 
17, 1996.''
    Section 1(c)(2) of Pub. L. 102-185 provided that: ``The amendment 
made by this subsection [amending this section] shall take effect on the 
10th day following the date of the enactment of this Act [Dec. 4, 
1991].''


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-647 applicable as if such amendment took 
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set out 
as an Effective and Termination Dates of 1988 Amendments note under 
section 58c of this title.
    Amendment by section 1401(b)(4) of Pub. L. 100-418 effective Aug. 
23, 1988, and applicable with respect to investigations initiated under 
part 1 (Sec. 2251 et seq.) of subchapter II of chapter 12 of this title 
on or after that date, see section 1401(c) of Pub. L. 100-418, set out 
as a note under section 2251 of this title.


                    Effective Date of 1984 Amendment

    Amendment by section 248(c) of Pub. L. 98-573 effective on 15th day 
after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98-573, set out 
as a note under section 1304 of this title.


                    Effective Date of 1977 Amendment

    Section 2(b) of Pub. L. 95-106 provided that: ``The amendment made 
by this section [amending this section] shall apply with respect to the 
designation of chairmen and vice chairmen of the United States 
International Trade Commission for terms beginning after June 16, 
1978.''


                    Effective Date of 1976 Amendment

    Section 1801(c) of Pub. L. 94-455 provided that: ``The amendments 
made by subsection (b) [amending this section] shall apply to 
determinations, findings, and recommendations made under sections 201 
and 406 of the Trade Act of 1974 [sections 2251 and 2436 of this title] 
after the date of the enactment of this Act [Oct. 4, 1976].''


                     Appointment of Chairman in 1992

    Section 1(b) of Pub. L. 102-185 provided that: ``In the case of the 
term of the chairman of the United States International Trade Commission 
beginning June 17, 1992--
        ``(1) section 330(c)(3)(A) of the Tariff Act of 1930 [19 U.S.C. 
    1330(c)(3)(A)] shall not apply, and
        ``(2) the President shall designate as chairman a Commissioner 
    who is a member of the same political party as the chairman of the 
    Commission serving on June 16, 1986.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2231, 2253, 3353, 3371 of 
this title.