Number: 

DOO 10-3

SECTION 1. PURPOSE.

.01 This Order prescribes the scope of authority and the functions of the Under Secretary for International Trade. The organizational structure and the assignment of functions of the International Trade Administration (ITA) are prescribed in Department Organization Order 40-1, International Trade Administration.

.02 This revision reflects the: permanent addition of the Deputy Assistant Secretary (DAS) for Global Operations; update to the Trade Facilitation and Trade Enforcement Act of 2015; and update to the United States-Mexico-Canada Agreement Implementation Act.

SECTION 2. ADMINISTRATIVE DESIGNATION.

.01 The Under Secretary for International Trade, established by section 2(c) of Reorganization Plan No. 3 of 1979, shall be head of the ITA. The President made the provision of the Reorganization Plan effective by Executive Order (E.O.) 12188 on January 2, 1980. The Under Secretary is appointed by the President by and with the advice and consent of the Senate.

.02 The position of Assistant Secretary of Commerce established by Public Law (P.L.) 80- 191, 15 United States Code (USC) 1505, is designated the Assistant Secretary for Enforcement and Compliance. The position of Assistant Secretary of Commerce, established by P.L. 100-418, is designated as the Director General of the United States and Foreign Commercial Service and Assistant Secretary for Global Markets. One of the two Assistant Secretaries of Commerce established by Section 2(d) of Reorganization Plan No. 3 of 1979, which was made effective by E.O. 12188 of January 2, 1980 is designated the Assistant Secretary for Industry and Analysis. The Assistant Secretaries are appointed by the President by and with the advice and consent of the Senate.

SECTION 3. STRUCTURE AND SCOPE OF AUTHORITY.

.01 The Under Secretary shall be assisted by:

 

a. The Deputy Under Secretary for International Trade shall perform the functions and the duties of the Under Secretary in the event of the latter's inability to carry out the duties of the office or during a vacancy in the office;

b. The Chief Financial and Administrative Officer;

c. The Chief Information Officer;

d. The Assistant Secretary for Enforcement and Compliance;

e. The Assistant Secretary for Industry and Analysis; and

f. The Director General of the United States and Foreign Commercial Service and Assistant Secretary for Global Markets.

.02 The Assistant Secretary for Enforcement and Compliance shall be assisted by:

 

a. The DAS for Enforcement and Compliance, who shall perform the functions and duties of the Assistant Secretary in the event the latter is unable to perform the duties of the office, or during a vacancy in the office;

b. The DAS for Antidumping and Countervailing Duty Operations; and

c.The DAS for Policy and Negotiations.

.03 The Assistant Secretary for Industry and Analysis shall be assisted by:

a. The DAS for Industry and Analysis, who shall perform the functions and duties of the Assistant Secretary in the event the latter is unable to perform the duties of the office, or during a vacancy in the office;

b. The DAS for Manufacturing;

c. The DAS for Textiles, Consumer Goods, and Materials;

d. The DAS for Services;

e. The DAS for Travel and Tourism; and

f. The DAS for Trade Policy and Analysis.

.04 The Director General of the United States and Foreign Commercial Service and Assistant Secretary for Global Markets shall be assisted by:

 

a. The Deputy Director General of the U.S. and Foreign Commercial Service who shall perform the functions and duties of the Director General in the event the latter is unable to perform the duties of the office, or during a vacancy in the office;

b. The DAS for Global Operations;

c. The DAS for U.S. Field;

d. The DAS for China.

e. The DAS for Asia;

f. The DAS for Europe;

g. The DAS for the Middle East and Africa; and

h. The DAS for Western Hemisphere.

SECTION 4. DELEGATION OF AUTHORITY.

.01 Pursuant to the authority vested in the Secretary of Commerce (the Secretary), the Under Secretary is hereby delegated the following authorities of the Secretary, provided, however, that the Secretary reserves authority to provide policy guidance and direction to the Under Secretary (and delegates) and, at the Secretary's initiative or at the request of the Under Secretary, to consult with the Under Secretary (and delegates) to the extent permitted by law regarding the exercise of the authorities delegated by this section:

 

a. The Act of February 14, 1903, as amended (15 U.S.C. 1512 et seq.; 15 U.S.C. 171 et seq.), to foster, promote, and develop the foreign and domestic commerce of the United States, to the extent necessary for the performance of ITA's functions ;

b. Section 2(a) of Reorganization Plan No. 3 of 1979 regarding "general operational responsibilities for major non-agricultural international trade functions of the United States Government," including "export development," "commercial representation abroad," "research and analysis," and "monitoring compliance with international trade agreements to which the United States is a party";

c. Waiver of deposit of estimated duties and determinations pursuant to Section 736(c) of the Tariff Act of 1930, as amended (19 U.S.C. 1673e (c));

d. Title VII (including Section 771(1) of the Tariff Act of 1930, as amended (19 U.S.C. 1671 et seq.), in accordance with Section 5(a)(1)(C) of Reorganization Plan No. 3 of 1979 (44 Federal Register (FR) 69273, December 3, 1979), relating to: (1) antidumping and countervailing duties, and (2) determination, as "administering authority," of subsidies on articles of quota cheese subject to an in-quota rate of duty under Section 702(a) of the Trade Agreements Act of 1979 (19 U.S.C. 1202);

e. Sections 514, 515, and 516 of the Tariff Act of 1930, as amended (19 U.S.C. 1514, 1515, and 1516), and Section 5(a)(1)(D) of Reorganization Plan No. 3 of 1979, insofar as they relate to any protest, petition, or notice of desire to contest described in Section 1002(b)(1) of the Trade Agreements Act of 1979;

f. Sections 318 and 502(a) and (b) of the Tariff Act of 1930 (19 U.S.C. 1318 and 1502(a) and (b)), and Sections 5(a)(1)(E) and 5(a)(1)(F), respectively, of Reorganization Plan No. 3 of 1979, insofar as they relate to antidumping and countervailing duty investigations and the assessment of duties;

g. Section 617 of the Tariff Act of 1930 (19 U.S.C. 1617) and Section 5 (a)(1)(G) of Reorganization Plan No. 3 of 1979, insofar as they relate to any compromise of a claim for antidumping or countervailing duties upon recommendation by the Department's General Counsel;

h. Chapter 169 of Title 28 U.S.C. and Section 5(a)(1)(H) of Reorganization Plan No. 3 of 1979, insofar as they relate to actions taken by the Secretary reviewable under Section 516A of the Tariff Act of 1930, as amended (19 U.S.C. 1516a);

i. The Educational, Scientific and Cultural Materials Importation Act of 1966 (19 U.S.C. 1202);

j. Additional U.S. Note 5 to Chapter 91 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), regarding the allocation of quotas for duty-free importation into the customs territory of the United States of watches and watch movements;

k. The Foreign-Trade Zones Act of 1934, as amended (19 U.S.C. 81a et seq.), and the implementing regulations in 15 CFR Part 400, including authority to act for the Secretary in all Foreign-Trade Zones Board matters, except grants of authority to establish new zones;

l. Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) and Section 5(a)(1)(B) of Reorganization Plan No. 3 of 1979, with respect to consultations with the Bureau of Industry and Security regarding the development of recommendations on proposed remedies if there is a finding of threat to impair the national security, and regarding implementation issues, including consultation prior to discussions with foreign governments on implementation issues;

m. Section 339(b) of the Tariff Act of 1930, as amended (19 U.S.C. 1339(b)), regarding the provision of technical assistance to eligible small businesses as to the antidumping and countervailing duty laws;

n. Section 592A(b) of the Tariff Act of 1930 (19 U.S.C. 1592a(b)), regarding advice to the President or his or her designee regarding a listing of countries in which illegal activities have occurred regarding transshipped textiles or apparel products;

o. Section 123(g) of the Uruguay Round Agreements Act (19 U.S.C. 3533(g)) relating to actions by the "head of the relevant department or agency" as to World Trade Organization (WTO) dispute settlement reports;

p. Section 129(b), (c), and (d) of the Uruguay Round Agreements Act (19 U.S.C. 3538(b), (c), and (d)), relating to actions by the "administering authority" as to World Trade Organization (WTO) dispute settlement reports;

q. Sections 281(a), (b), (c), (e), and (f), and 282(d) of the Uruguay Round Agreements Act (19 U.S.C. 3571(a), (b), (c), (e), and (f), and 3572(d)), relating to the Department of Commerce's monitoring and reporting of foreign government subsidies practices covered by the WTO Subsidies Agreement, as well as the enforcement activities to address such practices;

r. Section 1317 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 1677k) and Section 783 of the Tariff Act of 1930 (19 U.S.C. 1677n) relating to actions by the "administering authority" or the Department of Commerce concerning third-country dumping;

s. Section 403(d)(1)(C) of P.L. 100-204 (reprinted in 22 U.S.C. 1471 note), with respect to a contract requirement for Voice of America modernization projects, providing for certification by the Secretary that a foreign bidder is not in receipt of direct subsidies from any government which would disadvantage the competitive position of U.S. bidders competing on the same project;

t. Sections 3 and 4 of E.O. 11961 of January 19, 1977, as amended, which delegates to the Secretary the authority of the President under Sections 4(a) and 4(b) of the International Investment and Trade in Services Survey Act of 1976, (P.L. 94-472, as amended, 22 U.S.C. 3103(a) and (b); and Section 4(e) of the International Investment and Trade in Services Survey Act, as amended, 22 U.S.C. 3103(e)). The functions thereunder shall be carried out in coordination with the Bureau of Economic Analysis (Department Organization Order 35-1A), including, to the extent feasible, the division or assignment of responsibilities. The Under Secretary in consultation with the Director, Bureau of Economic Analysis, shall issue all regulations established by ITA to carry out its functions under the Act. All reports to be submitted to the Congress required to be undertaken pursuant to the Act, shall be issued by the Secretary;

u. Section 721 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2170) and E.O. 11858 of May 7, 1975, as amended, regarding foreign investment in the United States;

v. E.O. 11651 of March 3, 1972, as amended, regarding Textile Trade Agreements;

w. Section 4221 of the Internal Revenue Code of 1954 (26 U.S.C. 4221) and Section 309 of the Tariff Act of 1930, as amended (19 U.S.C. 1309), insofar as they relate to findings regarding exemptions from taxes and import duties on supplies and equipment for aircraft

x. Sections 5(b) and 5(c) of E.O. 11846 of March 27, 1975, as amended, regarding quantitative import restrictions and monitoring of imports under orderly market agreements;

y. Sections 104 and 135 of the Trade Act of 1974 (19 U.S.C. 2114 and 2155) and Section 4(d) of E.O. 11846 of March 27, 1975, regarding the industry consultations program;

z. Section 202(h)(3)(A) of the Trade Act of 1974 (19 U.S.C. 2252(h)(3)(A)) regarding the integration of articles subject to the WTO Agreement on Textiles and Clothing;

aa. Section 331 of the Uruguay Round Agreements Act of 1994 (19 U.S.C. 3591) regarding the integration of articles subject to the WTO Agreement on Textiles and Clothing;

bb. Section 264 of the Trade Act of 1974 (19 U.S.C. 2354) regarding studies, reports and information activities in response to investigations and findings of the International Trade Commission;

cc. Titles I and III of P.L. 97-290, the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.), except that the authority to negotiate with and obtain the concurrence of the Attorney General under Title III of the Act shall be reserved to the General Counsel;

dd. Section 306(a) of the Trade and Tariff Act of 1984 (P.L. 98-573, 19 U.S.C. 2114b) regarding the establishment of a service industries development program;

ee. Section 5001 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6951 et seq.), as amended, regarding the stimulation of development of markets for recovered materials, promotion of proven technology, and a forum for the exchange of technical and economic data regarding resource recovery facilities;

ff. Title III of P.L. 96-481 (15 U.S.C. 649b-649d), regarding grants (including contracts and cooperative agreements) for small business international marketing programs;

gg. The China Trade Act of 1922, as amended (15 U.S.C. 141 et seq.), regarding the formation, regulation and termination of China Trade Act corporations;

hh. Section 601(b)(1) of the Foreign Assistance Act of 1961, as amended 22 U.S.C. 2351(b)(1)) conferred on the Secretary under E.O. 12163 of September 29, 1979, regarding drawing the attention of private enterprise to opportunities for investment and development in less developed friendly countries and areas;

ii. The trade promotion and commercial functions transferred to the Secretary from the Department of State or the Secretary of State by Section 5(b)(1) of Reorganization Plan No. 3 of 1979 and by Section 1-104 of E.O. 12188 of January 2, 1980, as amended;

jj. The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) and such laws the exercise of which are authorized to the Secretary under Section 5(b)(2) of Reorganization Plan No. 3 of 1979 and by Section 1-104 of E.O. 12188 of January 2, 1980, as amended. This delegation is in addition to, and not in lieu of, the general delegation of personnel management authority to the Chief Financial Officer and Assistant Secretary for Administration, and is to be exercised and redelegated in consonance with the Departmental policies issued by the Chief Financial Officer and Assistant Secretary for Administration;

kk. E.O. 10978 of December 5, 1961, regarding the Presidential "E" Award and "E" Certificate of Service, as well as the "E Star" Award, except final selection of recipients;

ll. Chapter 23 of Title 15 U.S.C., regarding a clearinghouse for technical information, as is necessary for the preparation and dissemination of business and international economic information;

mm. The delegation of authority, dated June 25, 1962, under Section 3, 5(a)(1) and 5(e) of E.O. 11034 of June 25, 1962, as amended, regarding fairs, expositions and demonstrations held in the United States and promotion of international trade and collection of contributions under the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.);

nn. The following sections of the Omnibus Trade and Competitiveness Act of 1988, as amended:

 

1. Section 2205(b) (15 U.S.C. Section 4712(b)) regarding the establishment and functions of an Office of Barter;

2. Section 2301 (15 U.S.C. 4721) regarding the United States and Foreign Commercial Service;

3. Section 2303 (15 U.S.C. 4723) regarding the Market Development Cooperator Program;

4. Section 2304 (15 U.S.C. 4724) regarding Trade Shows;

5. Section 2306 (15 U.S.C. 4725) regarding the United States and Foreign Commercial Service Pacific Rim Initiative;

6. Section 2307 (15 U.S.C. 4726) regarding the Indian Tribes Export Program;

7. Section 2312 (15 U.S.C. 4727) and E.O 12870 of Sept. 30, 1993, as amended, regarding the Trade Promotion Coordinating Committee;

8. Section 2313 (15 U.S.C. 4728) regarding environmental trade promotion, except establishment of the Environmental Trade Promotion Working Group in subsection (b) and establishment of the Environmental Technologies Trade Advisory Committee in subsection (c), but otherwise including implementation of both subsections; and

oo. Section 1803 of the International Financial Institutions Act (22 U.S.C. 262s-2) regarding Commercial Service Officers and multilateral development bank procurement;

pp. P.L. 86-14, the Trade Fair Act of 1959 (19 U.S.C. 1751), regarding certifying and promoting trade fairs held in the United States;

qq. P.L. 91-269 (22 U.S.C. 2802 and 2803) regarding Federal recognition and participation in world fairs and international expositions;

rr. Functions of the Secretary under the following sections of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (P.L. 102-511, 22 U.S.C. 5801 et seq.):

 

 

1. Section 102(b) (22 U.S.C. 5812(b)) regarding the coordination of export promotion activities;

2. Section 301 (22 U.S.C. 5821) regarding the functions related to the establishment and operation of American Business Centers;

3. Section 303(b) (22 U.S.C. 5823(b)) regarding the design and implementation of programs to provide adequate commercial and technical assistance to U.S. businesses seeking markets in the independent states of the former Soviet Union;

4. Section 304 (22 U.S.C. 5824) regarding the interagency working group on energy of the Trade Promotion Coordinating Committee.

ss. Section 602 of the Support for East European Democracy (SEED) Act of 1989, (P.L. 101-179, 22 U.S.C. 5462), and Section 3 of E.O. 12703 of February 20, 1990, regarding the establishment of a SEED Information Center System;

tt. Functions of the Secretary under the following sections of the Jobs Through Exports Act of 1992, P.L. 102-549, as amended:

 

1. Section 401 (15 U.S.C. 4723a) regarding United States Commercial Centers in Asia, Latin America, and Africa; and

2. Section 501 (22 U.S.C. 262s-2 note) regarding the appointment of additional procurement officers for each multilateral development bank.

uu. Section 501(e) of the Trade and Development Act of 2000, regarding the allocation of tariff-rate quotas on certain worsted wool fabrics conferred on the Secretary under Presidential Proclamation 7383 of December 1, 2000;

vv. Section 504(b) of the Trade and Development Act of 2000, regarding modification of the limitation on the quantity of worsted wool fabrics that may be imported under the tariff-rate quotas conferred on the Secretary under Presidential Proclamation 7383 of December 1, 2000;

ww. Section 504(c) of the Trade and Development Act of 2000, regarding issuing regulations necessary to implement the section conferred on the Secretary under Presidential Proclamation 7383 of December 1, 2000;

xx. Section 112(b)(3)(C) of the Trade and Development Act of 2000, regarding monitoring of imports and addressing a surge in imports;

yy. Section 2102(c)(3) of the Trade Act of 2002 (19 U.S.C. 3802(c)(3)), as delegated by Section 1(c)(ii) of E.O. 13277, concerning advice to the Secretary of State regarding the establishment of consultative mechanisms among parties to trade agreements;

zz. The Andean Trade Promotion and Drug Eradication Act (Title XXXI of the Trade Act of 2002; 19 U.S.C. 3201 note), as delegated by Section 2(a) of E.O. 13277, concerning consultations with the United States Trade Representative regarding the authorities and functions thereof;

aaa. So much authority under The Census Act (13 U.S.C. 301(a) and 305) as is necessary to collect, compile, and publish real-time, detailed, steel import statistics pertaining to, and acquired through, the steel licensing program called the Steel Import Monitoring and Analysis (SIMA) System, as well as the authority to make such rules, regulations, and orders necessary to administer the program. Upon termination of the program, this authority will no longer be available to the Under Secretary. The Under Secretary shall inform the Secretary prior to any extension of the SIMA system.

bbb. Section (i) of the Travel Promotion Act of 2009, Section 9 of P.L. 111-145 (22 U.S.C. 2123), regarding the functions of the Secretary with respect to the Office of Travel Promotion;

ccc. E.O. 13534 of March 11, 2010, regarding implementation of the National Export Initiative;

ddd. E.O. 13577 of June 15, 2011, regarding the attraction and retention of business investment in the United States;

eee. E.O. 13630 of December 6, 2012, regarding establishing an Interagency Task Force on Commercial Advocacy;

fff. Section 202(b)(1) of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, P.L. 112-208, regarding establishing a dedicated phone hotline and secure website relating to reporting instances of corruption in the Russian Federation;

ggg. Section 202(b)(2) of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, P.L. 112-208, regarding preparation of an annual report;

hhh. 15 U.S.C. 1544, regarding promotion of travel within the United States;

iii. E.O. 13597 of January 19, 2012, regarding establishing and maintaining a publicly available website with travel and tourism data;

jjj. E.O. 13601 of February 28, 2012, regarding the Interagency Trade Enforcement Center; and

kkk. Responsibilities of the Secretary under the following trade agreements to which the United States is a party relating to the establishment of secretariats for dispute settlement and other purposes:

 

1. United States-Israel Free Trade Area Implementation Act of 1985 (Public Law 99-47) (June 11, 1985);

2. North American Free Trade Agreement (North American Free Trade Agreement Implementation Act, P.L. 103-182. E/O. 12889 (December 27. 1993));

3. United-States Jordan Free Trade Area Implementation Act (P.L. 107-43), Executive Proclamation 7512 (December 13, 2001);

4. United States-Chile Free Trade Agreement (United States-Chile Free Trade Agreement Implementation Act, P.L. 108-77, Presidential Proclamation 7746 (December 30, 2003));

5. United States-Singapore Free Trade Agreement (United States-Singapore Free Trade Agreement Implementation Act, P.L. 108-78, Presidential Proclamation 7747 (December 30, 2003));

6. United States-Australia Free Trade Agreement (United States-Australia Free Trade Agreement Implementation Act, P.L. 108-286, Presidential Proclamation 7857 (December 20, 2004));

7. United States-Morocco Free Trade Agreement (United States-Morocco Free Trade Agreement Implementation Act, P.L. 108-302, Presidential Proclamation 7971 (December 22, 2005));

8. Dominican Republic-Central America-United States Free Trade Agreement (Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, P.L. 109-53, Presidential Proclamation 7987 (February 28, 2006));

9. United States-Bahrain Free Trade Agreement (United States-Bahrain Free Trade Agreement Implementation Act, P.L. 109-169, Presidential Proclamation 8039 (July 27, 2006));

10. United States-Oman Free Trade Agreement (United States-Oman Free Trade Agreement Implementation Act, P.L. 109-283 Presidential Proclamation 8332, (December 29, 2008));

11. United States-Peru Trade Promotion Agreement (United States-Peru Trade Promotion Agreement Implementation Act, P.L. 110-138 (Presidential Proclamation 8341 (January 16, 2009));

12. United States-Korea Free Trade Agreement (United States-Korea Free Trade Agreement Implementation Act, P.L. 112-41, Presidential Proclamation 8783 (March 6, 2012));

13. United States-Colombia Trade Promotion Agreement (United States-Colombia Trade Promotion Agreement Implementation Act, P.L. 112-42, Presidential Proclamation 8818, May 14, 2012)); and

14. United States-Panama Trade Promotion Agreement (United States-Panama Trade Promotion Agreement Implementation Act, P.L. 112-43, Presidential Proclamation 8894 (October 29, 2012)).

15. United States-United Mexican States-Canada Agreement (United States-Mexico-Canada Agreement Implementation Act, P.L. 116-113, Presidential Proclamation 10053 (June 29, 2020)) and

.02 The Under Secretary may exercise other authorities of the Secretary as applicable to performing the functions assigned in this Order.

.03 Except as provided otherwise in this Order, the Under Secretary may redelegate his or her authority subject to such conditions in the exercise of such authority as the Under Secretary may prescribe.

.04 The Under Secretary, in the absence of the Secretary, represents the Department as an ex officio member of the Board of the Export-Import Bank of the United States.

SECTION 5. FUNCTIONS.
The Under Secretary, as head of ITA, shall be the principal officer of the Department for carrying out the policies and programs to promote world trade, and to strengthen the international trade and investment position of the United States and shall carry out programs to:

.01 Develop integrated and mutually reinforcing U.S. government trade policy and promotion programs, coordinating a National Export Strategy that articulates priorities for the U.S. Government;

.02Strengthen U.S. industry through assessing the impact of government actions on and advocating for U.S. manufacturing and service industries, and developing policy-related solutions to their concerns;

.03 Promote trade and investments through advancing a competitive global market environment and the commercial success of U.S. business; and

.04 Ensure fair trade by addressing unfair trade practices and removing trade barriers that adversely impact U.S. industry.

SECTION 6. EFFECT ON OTHER ORDERS.
This Order supersedes Department Organization Order 10-3, dated December 14, 2020.

Signed by: Secretary of Commerce