U.S. International Trade Commission (ITC)
The U.S. International Trade Commission is an independent, bipartisan federal agency that investigates the effects of international trade on U.S. industries, determines whether imports injure domestic industries, adjudicates cases involving unfair trade practices (including intellectual property theft), and provides trade expertise to Congress and the President. The ITC's injury determinations are a required step in antidumping and countervailing duty cases, and its Section 337 investigations are a primary tool for blocking imports that infringe U.S. patents and other IP rights.
Current Law (2026)
| Parameter | Value |
|---|---|
| Agency | U.S. International Trade Commission (independent) |
| Commissioners | 6, appointed by the President with Senate confirmation |
| Terms | 9 years; no more than 3 from any one party |
| Chair | Rotates between parties; designated by President |
| Key functions | Injury determinations, Section 337 investigations, trade analysis, tariff schedule maintenance |
| Section 337 | Unfair import practices (IP infringement); can issue exclusion orders |
| Safeguard investigations | Section 201 — serious injury from import surges |
| Antidumping/CVD role | Determines whether dumped/subsidized imports injure U.S. industry |
| Tariff schedule | Maintains the Harmonized Tariff Schedule of the United States |
Legal Authority
- 19 U.S.C. § 1330 — Organization of Commission (establishes the ITC as a 6-member bipartisan commission; commissioners appointed by President with Senate confirmation; 9-year terms)
- 19 U.S.C. § 1332 — Investigations (directs the ITC to investigate customs laws, tariff effects, trade relations, and competitiveness; provides broad investigatory authority)
- 19 U.S.C. § 1337 — Unfair practices in import trade (Section 337: authorizes the ITC to investigate and remedy unfair methods of competition and unfair acts in import trade, including patent, trademark, and copyright infringement; can issue exclusion orders blocking infringing imports at the border)
- 19 U.S.C. § 1516a — Judicial review in countervailing duty and antidumping duty proceedings (ITC determinations in antidumping and countervailing duty cases are reviewable in the Court of International Trade or, for USMCA/NAFTA cases, by binational panels)
- 19 U.S.C. § 2252 — Investigations and recommendations (Section 201 safeguard investigations: the ITC investigates whether increased imports are a substantial cause of serious injury to a domestic industry and recommends relief to the President)
- 19 U.S.C. § 2253 — Action by President after determination of import injury (President decides whether and how to provide relief based on ITC recommendations — tariffs, quotas, trade adjustment assistance, or negotiated agreements)
- 19 U.S.C. § 2411 — Section 301 actions by USTR (authorizes the U.S. Trade Representative to take action against foreign country trade practices that are unfair, unreasonable, or discriminatory and burden U.S. commerce; the basis for most major U.S. unilateral trade retaliation)
- 19 U.S.C. § 2412 — Initiation of Section 301 investigations (USTR must initiate an investigation upon request from an industry or on its own initiative; ITC may assist in determining whether a practice causes harm to U.S. commerce)
How It Works
The ITC performs four major functions. First, it conducts injury determinations in antidumping and countervailing duty (AD/CVD) cases. When the Department of Commerce finds that imports are dumped (sold below fair value) or subsidized, the ITC determines whether those imports materially injure or threaten to injure a U.S. industry. Both findings — unfair pricing by Commerce and injury by the ITC — are required before antidumping or countervailing duties can be imposed. This two-agency process is the backbone of U.S. trade remedies.
Second, the ITC conducts Section 337 investigations into unfair practices in import trade — most commonly patent infringement. If the ITC finds a violation, it can issue an exclusion order directing U.S. Customs and Border Protection to block the infringing imports at the border. Section 337 has become a critical venue for intellectual property enforcement — particularly patent cases — in technology industries. Unlike federal court patent cases, Section 337 proceedings are faster (typically 12-18 months), and exclusion orders are enforceable at every U.S. port of entry.
Third, the ITC conducts Section 201 safeguard investigations. When a domestic industry petitions for relief from a surge of fairly traded imports, the ITC investigates whether increased imports are a "substantial cause of serious injury." If it finds injury, it recommends relief to the President — who then decides whether to impose tariffs, quotas, or other measures. Section 201 cases are relatively rare but high-profile (recent examples include steel, washing machines, and solar panels).
Fourth, the ITC serves as a research and advisory body. It maintains the Harmonized Tariff Schedule (the complete listing of U.S. tariff rates), provides economic analysis to Congress and the executive branch on trade agreements and legislation, and publishes studies on trade topics ranging from specific industries to the economic effects of proposed trade agreements.
How It Affects You
If you're a U.S. manufacturer harmed by import competition: The first step in either an antidumping (AD) or countervailing duty (CVD) case is filing a petition simultaneously with the ITC and the Department of Commerce. To have "standing," your petition must represent manufacturers accounting for at least 25% of domestic production — and more than 50% of those who express an opinion must support the petition. The ITC then conducts a preliminary injury determination within 45 days (the standard is whether there is a "reasonable indication" of injury). Commerce handles the dumping/subsidy calculation in parallel. The full process runs approximately 280 days for preliminary determinations; a final ITC determination comes around 420-450 days after filing. During the investigation, importers must post estimated duty deposits on the products at issue. If both agencies find against the imports, Commerce issues an AD/CVD order that can remain in effect for 5-year "sunset review" cycles, potentially indefinitely. For a less common but important alternative when imports surge from fairly traded sources, Section 201 investigations let you ask for safeguard tariffs that apply globally — recent Section 201 cases include solar cells (2018, extended in 2022), washing machines (2018), and steel (2002).
If you're a patent holder facing infringing imports: Section 337 at the ITC is often the most powerful tool you have — more powerful than district court for stopping ongoing import infringement. The ITC can issue an exclusion order directing Customs to block every shipment of the infringing product at every U.S. port of entry. The standard timeline is 12-18 months from complaint filing to an initial determination. The key tradeoffs vs. district court: the ITC doesn't award monetary damages (no past infringement recovery), but exclusion orders work immediately and don't require finding each individual importer. District court litigation takes 2-5 years but can award damages. Most patent holders with infringing imports pursue both simultaneously. The ITC's filing fee is modest; the substantial cost is discovery, expert witnesses, and attorney fees — often $2-5 million for a contested investigation.
If you're an importer with products under AD/CVD investigation: You need a trade attorney immediately. During the investigation, Commerce will ask you for massive questionnaires about your cost of production and sales practices. Failing to cooperate results in "adverse facts available" — Commerce uses the worst data it can find, typically resulting in very high estimated duty rates. If a final order is issued, any shipments after the preliminary determination date become subject to duty deposits, and final assessed duties can be higher or lower (but you're liable for the difference). Many importers shift sourcing to non-covered countries during investigations; scope exclusion requests (asking ITC to carve your specific product out of the investigation) are a formal avenue worth exploring.
If you're a consumer or company that buys imported goods: AD/CVD orders and safeguard tariffs ultimately increase the price of the covered imports, which may or may not be offset by domestic supply increases. The ITC's injury determinations and the AD/CVD system are designed to protect domestic industries from unfair competition, but from an import purchaser's perspective, they mean higher prices. This is most visible in industries like steel, aluminum, solar panels, and washing machines, where U.S. consumers paid higher prices following trade remedy actions.
State Variations
The ITC is an exclusively federal agency. Its determinations apply nationwide. However, the economic effects of ITC decisions — import duties, exclusion orders, safeguard tariffs — affect states differently depending on their industrial composition and trade exposure.
Implementing Regulations
- 19 CFR Part 200–213 — USITC rules of practice and procedure (investigations, hearings, antidumping/countervailing duty injury determinations, Section 337 unfair import investigations, Section 201 safeguard investigations)
Pending Legislation
No standalone ITC reform bills pending in the 119th Congress. Trade investigation authorities are addressed in broader trade legislation tracked under Trade Remedies & Tariff Law.
Recent Developments
- AD/CVD investigation volume elevated: The Trump administration's 2025-2026 tariff escalation (broad Section 232 and Section 301 tariffs plus threatened new levies) created both more trade diversion and more domestic industry petitions for formal AD/CVD protection. The ITC handled increased petition filings in 2024-2025 particularly in steel, aluminum downstream products, solar components, and electronics. Companies displaced by tariff exclusions sometimes shift sourcing to third countries — which can trigger new circumvention investigations
- Section 337 volume remains high: ITC Section 337 investigation filings have held at 50-70 per year in recent years, concentrated in semiconductor patents, pharmaceutical (Hatch-Waxman-adjacent) disputes, and consumer electronics. The ITC's 12-18 month timeline and exclusion order remedy continue to make it a preferred venue for technology patent holders, particularly when Chinese manufacturers are the respondents (where U.S. court enforcement may be difficult)
- Solar safeguard tariffs extended: President Biden extended the Section 201 solar cell and module safeguard tariffs in 2022 with modifications; the Trump administration has maintained them and taken additional trade actions on solar products given concerns about Chinese overcapacity and market flooding. The ITC's original 2018 four-year solar safeguard (Section 201) and the subsequent extension remain in the background of solar import policy as of April 2026
- January 2026 trade data: The U.S. monthly goods and services trade deficit decreased in January 2026 according to joint BEA/Census Bureau data, but the broader tariff environment — including new 2025 levies on imports from China, Canada, and Mexico — continued to reshape import volumes, domestic manufacturing investment decisions, and ITC investigation patterns
- HTS maintenance: The ITC's maintenance of the Harmonized Tariff Schedule has taken on new importance as the Trump administration repeatedly uses tariff adjustments; the HTS is the operational document that translates trade policy decisions into actual import duty rates at the port of entry