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22 Law & Pol'y Int'l Bus. 673 (1991)
Bifurcation without Direction: The United States International Trade Commission and the Question of Petitioner Standing in Antidumping and Countervailing Duty Cases

handle is hein.journals/geojintl22 and id is 683 raw text is: BIFURCATION WITHOUT DIRECTION: THE UNITED STATES INTERNATIONAL TRADE COMMISSION AND THE QUESTION OF PETITIONER STANDING IN ANTIDUMPING AND COUNTERVAILING DUTY CASES* EDWIN J. MADAJ** CHARLES H. NALLS*** In the intricate administrative machinery Congress has erected over the years for dumping and countervailing duty cases, one unique feature is the allocation of responsibility to two agencies otherwise independent of one another, the Commerce Department and the ITC. . . . Naturally the specifics as to who does what is for dispute and discussion.' In the Taiff Act of 1930 (Tariff Act or Statute),' Congress bifurcated the responsibilities for implementing the antidumping and countervailing duty laws between two federal agencies (Agencies). Congress made the United States Department of Commerce (Commerce or Commerce De- partment) the administering authority under this act,3 granting it the power to initiate antidumping and countervailing duty investigations,4 to determine whether the relevant goods were being dumped or subsidized,5 and to publish any resulting orders.6 Congress granted Commerce the power to determine once a petition is filed whether a class or kind of * The views expressed in this Article are solely those of the authors and do not represent the views of the Commission, its members, or the Office of the General Counsel. ** Senior Attorney at the U.S. International Trade Commission. A.B. 1977; J.D. 1980, Univer- sity of Michigan. *** Assistant General Counsel for Antidumping and Countervailing Duty Investigations at the U.S. International Trade Commission. B.A. 1979, DePauw University; J.D. 1982 Georgetown University. 1. Algoma Steel Corp. v. United States, 865 F.2d 240, 241 (Fed. Cir.), cert. denied, 492 U.S. 919 (1989). 2. Tariff Act of 1930, Pub. L. No. 71-361, 46 Stat. 590 (codified as amended at 19 U.S.C. §§ 1201-1677k (1988)). 3. See 19 U.S.C. § 1677(1) (1988) (defining administering authority as Secretary of the Treasury, or any other officer of the United States). 4. 19 U.S.C. §§ 1671a(a), 1673a(a)(1). 5. 19 U.S.C. §§ 1671b(b) (preliminary determination), 1671d(a) (final determination), 1673b(b) (preliminary determination), 1673d(a) (final determination). 6. 19 U.S.C. §§ 1671e(a), 1673e(a).