Participants in Trade Policy Development Process

This section discusses how the three branches of the government participate in trade policy development and includes resources for further research. Executive and independent agencies, legislative branch and the judiciary all play a role in developing the U.S. trade policy. Involvement of the private sector to represent their interest in this process is also covered.

Harris & Ewing, photographer. *U.S.-Great Britain-Canada Trade Treaty signed at White House, Washington, D.C. November 17... [1938]*. Library of Congress Prints & Photographs Division.

The Constitution, Article 2, Section 2 provides that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur", thus the Constitution gives the President the authority to negotiate trade treaties – with advice and consent of the Senate. In addition, Congress has provided authority to the President via various statutes, and has defined a process by which trade treaties are considered in Congress.

The most recent Congressional statement delineating the authority granted by Congress to the President in this area was via the Trade Agreement Authority included in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015. Other Congressional authorities granted to the President include authority to impose additional tariffs and quotas, particularly in response to adverse impact from unfairly traded imports. One free trade agreement provides authority to return to most favored nation (MFN) tariff level for Mexico and Canada.

There is an extensive structured inter-agency coordination process composed of 21 executive branch agencies on the U.S. Trade Representative (USTR) chaired by Trade Policy Staff Committee (TPSC). TPSC is supported by 90 subcommittees and task forces. The Trade Policy Review Committee, also chaired by the USTR, handles unresolved issues. Each agency has their own internal review process and may have various offices that deal with trade. For example, U.S. Customs and Border Protection lists 48 agencies involved with providing permissions for trade into and out of the United States.

Historically, the key agency on U.S. Trade Policy is the Office of the U.S. Trade Representative (USTR) within the Executive Office of the President. Listed below are some of the key executive branch agencies with responsibilities for U.S. trade policy.

The U.S. Constitution, Article 1, Section 8 provides the mandate for Congress in the area of U.S. trade policy:

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, …but all Duties, Imposts and Excises shall be uniform throughout the United States; …To regulate Commerce with foreign Nations."

In practice, Congress has the role to advise, monitor and legislate on U.S. trade policy issues. Two committees, the House Ways and Means and the Senate Finance Committee have primary responsibility for trade policy issues. Each of these committees has a sub-committee on trade.

Congress.gov
This is the official website for U.S. federal legislative information that provides accurate, timely, and complete legislative information including records for every bill going back to 1973, the full text of bills from 1993 and the full text of laws from 1995. Congressional Record daily issues from 1995 can be accessed in full text as well. Also included are committee hearings and reports, members information and more. Legislative actions on trade issues can be searched by using the subject term "Foreign Trade and International Finance" and the term "International Affairs" covers U.S. sanctions.
Guide to Law Online: U.S. Federal (Law Library of Congress)
The Law Library of Congress provides a vast array of resources about the federal court system and decisions.
Subcommittee on International Trade, Customs and Global Competitiveness
The website offers access to hearings, legislation, nominations and library where official public records produced by the Senate Finance Committee each congressional session.
Subcommittee On Trade. House Ways and Means Committee
" The Subcommittee on Trade is responsible for matters related to international trade, including customs, tariffs, the negotiation and implementation of reciprocal trade agreements, and international trade rules and organizations."

U.S. government judicial and adjudicative involvement with U.S. trade policy is reflected in the work of the following bodies.

United States International Trade Commission (USITC)
The United States International Trade Commission "makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; provides independent tariff, trade and competitiveness-related analysis and information; and maintains the U.S. tariff schedule."
U.S. Department of Commerce. Trade Remedies
The U.S. Department of Commerce determines the rate of margin to be charged on dumped and subsidized goods that have been determined by USITC to be causing injury to U.S. businesses. If imported goods are being dumped In the U.S. market or are subsidized by a foreign government then Commerce instructs U.S. Customs and Border Protection to assess duties against imports of that product into the United States.
U.S. Court of International Trade
The U.S. Court of International Trade "has nationwide jurisdiction over civil actions arising out of the customs and international trade laws of the United States." The decisions of the U.S. Court of International Trade are appealed to the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court.
U.S. Court of Appeals for the Federal Circuit
Appeals from the U.S. Court of International Trade, as well as decisions of the U.S. International Trade Commission are heard by the U.S. Court of Appeals for the Federal Circuit. The court also takes appeals of certain administrative agencies' decisions including the Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board. The court, located in Washington D.C. was formed in 1982 by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims.
U.S. Supreme Court
The U.S. Supreme Court hears cases on appeal from the U.S. Court of Appeals for the Federal Circuit. For example, in 2009 the Supreme Court heard an appeal on an anti-dumping case.

U.S. Trade Policy: A Research Guide

Participants in Trade Policy Development Process