U.S. International Trade Commission USITC

Congress created the U.S. Tariff Commission in the Revenue Act signed on September 8, 1916, to give lawmakers expert, nonpartisan analysis of tariffs. The Trade Act of 1974, signed on January 3, 1975, renamed it the U.S. International Trade Commission and expanded its role. It has six commissioners appointed by the President and confirmed by the Senate to nine-year terms, no more than three from one party, a structure meant to insulate it from political pressure.

In antidumping and countervailing duty cases, the Commerce Department decides whether imports are sold unfairly cheaply or subsidized, and the USITC decides whether a U.S. industry is materially injured by them, a finding required before duties take effect. Under Section 337 it hears cases, before administrative law judges, against imports that infringe U.S. patents or trademarks and can order them excluded at the border, as it did with some smartwatches in 2023. It also investigates surges of imports under the safeguard provisions of Section 201, maintains the Harmonized Tariff Schedule, and prepares economic studies requested by Congress and the U.S. Trade Representative.

The Commission's injury findings and exclusion orders affect billions of dollars in trade, and both domestic industries and importers closely watch its votes. Since 2025, broad tariffs imposed by the President under national emergency powers and other laws that do not require USITC findings have reduced the Commission's gatekeeping role over many duties, while its tariff schedule has been updated repeatedly to reflect them. Supporters of its model say independent, fact-based injury findings keep trade remedies grounded in evidence, while critics say the process is slow and can be used to shield domestic industries from competition.