Organization and Function Order 41-1
D.O.O. REFERENCE: 10-3: 40-1
EFFECTIVE DATE: July 22, 2009

Part I. EFFECT ON OTHER ORDERS

This Order supersedes ITA Organization and Function Order 41-1 dated August 18, 2005 and 41-1, Amendment 1 dated March 17, 2006.

Part II. PURPOSE AND PRINCIPAL ORGANIZATION

Section 1. Purpose

.01 This Order prescribes the internal organization and assignment of functions within the International Trade Administration (ITA).

.02 This Order delegates authorities from the Under Secretary for International Trade to the Deputy Under Secretary for International Trade and the Assistant Secretaries, and from the Assistant Secretaries to their subordinate staffs (Appendices I, II, II, IV).

.03 This revision transfers the Trade Promotion Coordinating Committee (TPCC) Secretariat and its functions from the Office of the Under Secretary for International Trade to the Assistant Secretary for Trade Promotion and Director General of the U.S. and Foreign Commercial Service; and transfers the Bureau of Industry and Security (BIS) defense trade advocacy function to the International Trade Administration, Office of the Assistant Secretary for Trade Promotion and Director General of the U.S. and Foreign Commercial Service.

.04 This revision establishes the following positions: Deputy Assistant Secretary for Market Access and Compliance, Deputy Assistant Secretary for Manufacturing and Services, and Deputy Assistant Secretary for Import Administration; designates the incumbents of these positions to assume the duties of the Assistant Secretary for Market Access and Compliance, the Assistant Secretary for Manufacturing and Services, and the Assistant Secretary for Import Administration, respectively, during an absence, inability, or a vacancy in the offices; for Market Access and Compliance, transfers the Office of Trade Agreement Secretariats and its functions from the Deputy Assistant Secretary for Trade Agreements and Compliance to the Deputy Assistant Secretary for Market Access and Compliance; abolishes the position of Executive Director, Market Access and Compliance; and revises the language for the Deputy Director General of the U.S. and Foreign Commercial Service position to be consistent with the DAS language.

.05 This revision implements internal functional changes within the Import Administration: removes the designation and the responsibility of the Deputy Assistant Secretary for Antidumping and Countervailing Duty (AD/CVD) Operations to assume the duties of the Assistant Secretary for Import Administration during an absence, inability, or a vacancy in the office; transfers the Antidumping and Countervailing Duty Enforcement Office IV to the China Non Market Economy (NME) Unit; transfers the authority to administer the program governing duty-free importation under the United Nations Educational, Scientific and Cultural Organization's (UNESCO) Florence Agreement and the Department's responsibilities pertaining to watch assembly and jewelry manufacturing industries from the Assistant Secretary for Import Administration to the Deputy Assistant Secretary for Antidumping and Countervailing Duty Policy and Negotiations; and establishes the AD/CVD Operations - Customs and Border Protection Liaison Unit (CBPLU) under the Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

.06 This revision amends Part VII, Section 1.01(c) regarding the delegations of authority to the Assistant Secretary for Import Administration under Title VII of the Tariff Act of 1930, as amended (19 U.S.C. 1671 et seq.).

.07 This update revises Section 2.03 a. of the Order and establishes the Office of Strategic Resources (OSR) to perform workforce and program evaluation within the Office of the Chief Financial Officer and Director of Administration; eliminates the function of the Chief Financial Officer and Director of Administration to plan, organize and administer a complete program of human resources management and payroll advice and services; and implements a name change for the Office of Organization and Management Support to the Office of Management and Operations.

.08 This revision transfers the Interagency Cooperative Administrative Support System (ICASS) function from the DAS for International Operations to the Office of Strategic Planning and Resource Management (OSP); and adds the Invest in America Program function to the DAS for International Operations.

.09 This revision renames the following offices in MAS: the Office of Aerospace and Automotive Industries to the Office of Transportation and Machinery; the Office of Materials and Machinery to the Office of Materials Industries; and the Office of Finance to the Office of Financial Services Industries.

Section 2. Organization and Line of Authority

.01 The internal organization structure and line of authority of ITA is depicted in the attached organization chart (Exhibit 1). This organization chart supersedes the chart dated March 17, 2006.

Part III. THE UNDER SECRETARY FOR INTERNATIONAL TRADE

The Under Secretary for International Trade (the "Under Secretary") plans, determines, and coordinates policy, directs the programs, and is responsible for all activities of ITA. The Under Secretary coordinates all issues concerning import administration, trade law enforcement, agreements compliance, international trade and commercial policy, Trade Promotion (TP), domestic and international competiveness; and export development, and, in the absence of the Secretary of Commerce, represents the Department of Commerce (the "Department") on the Trade Policy Committee, as ex-officio member of the Board of the Export-Import (Exim) Bank of the United States, as chair of the Trade Promotion Coordinating Committee (TPCC) and, as assigned, serves on all other Secretarial-level boards, committees, or panels, of which the primary focus is international trade. The Under Secretary has primary responsibility for developing and implementing the President's National Export Strategy in conjunction with the TPCC.

The Under Secretary is assisted by the following officials in carrying out his or her responsibilities:

1. Deputy Under Secretary for International Trade

2. Assistant Secretary for Trade Promotion and Director General of the U.S. and Foreign Commercial Service (US&FCS)

3. Assistant Secretary for Market Access and Compliance (MAC)

4. Assistant Secretary for Import Administration (IA)

5. Assistant Secretary for Manufacturing and Services (MAS)

Part IV. DELEGATIONS, ORGANIZATION AND FUNCTONS

Section 1. Delegation of Authority

.01 Subject to such policies, directives, and delegations of authority as may be issued by the Secretary of Commerce and the Under Secretary for International Trade, and in accordance with applicable Department Organization Orders and Department Administrative Orders, the Deputy Under Secretary for International Trade is hereby delegated the authorities of the Under Secretary as necessary to provide for all financial, administrative, and information technology management, public affairs, and legislative and intergovernmental affairs activities.

.02 Except as otherwise provided, the Deputy Under Secretary for International Trade may re-delegate this authority, subject to such conditions in the exercise of such authority as he or she may prescribe.

.03 In addition, the Under Secretary re-delegates to the Chief Information Officer the following authority:

a. Chapter 23 of Title l5 U.S.C., regarding a clearinghouse for technical information, as is necessary for the preparation and dissemination of business and international economic information.

Section 2. Organization and Functions

The Deputy Under Secretary for International Trade performs such duties as the Under Secretary may assign and performs the functions of the Under Secretary in the latter's absence, inability, or in the event of a vacancy in that office, subject to the limitations set forth in the Federal Vacancies Reform Act of 1998. The Deputy Under Secretary operates the ITA Secretariat, and is responsible for the day-to-day management of ITA. The Deputy Under Secretary carries out these functions through:

.01 The Office of Public Affairs advises on public affairs and information service matters in consultation with the Departmental Office of Public Affairs; provides guidance and advice to ITA program units on ITA publications; is responsible for publications programs, in accord with the provisions of Departmental Organization Order 20-1; provides speech scheduling services; coordinates audiovisual, exhibit, and advertising activities; and maintains liaison with the Departmental Office of Administrative Operations for printing and publications purposes, the Departmental Office of Public Affairs, and the news and trade media consonant with the provisions of Departmental Organization Order 15-3.

.02 The Office of Legislative and Intergovernmental Affairs provides Congressional liaison for ITA in coordination with the Assistant Secretary for Legislative and Intergovernmental Affairs.

.03 The Chief Financial Officer and Director of Administration is the principal advisor to the Under Secretary and Deputy Under Secretary on financial and management policy for the International Trade Administration; coordinates physical and personal security activities; and maintains liaison with Department counterpart offices. Specifically, the Chief Financial Officer and Director of Administration directs:

a. The Office of Strategic Resources (OSR) under the direction of the Deputy Director of Administration and Director of Strategic Resources, serves as liaison to the Department’s Human Resources Operations Center (HROC), ensuring efficient and effective delivery of human resources transactional services from the Center; evaluates International Trade Administration’s (ITA) strategic human capital needs and supports development and implementation of workforce development plans and initiatives; advises management on sensitive workforce issues; analyzes and evaluates plans, programs, and budgets in relation to ITA strategic objectives, projected government business environments, estimated costs and resource constraints, presenting unbiased programmatic alternatives to ITA senior leaders for decision; provides leadership in developing and promoting improved analytical tools and methods for evaluating ITA programs; and leads ITA’s strategic planning efforts, including regular updates to the ITA strategic plan, program unit planning, and implementation of strategic initiatives.

b. The Office of Management and Operations (OMO) provides management, organization and procedural analysis; administers ITA management improvement and customer service programs; administers ITA management control responsibilities; performs committee, directives, records, correspondence, and reports management functions for ITA; coordinates Government Accountability Office (GAO) and Inspector General (IG) activity in ITA; administers the Freedom of Information Act and the Privacy Act of 1974; provides or acquires and assures the availability, quality, and cost effectiveness of administrative services including facilities, procurement and travel; maintains a funding and payment mechanism for services; and provides liaison with Department counterpart offices for management, evaluation and administrative support services.

c. The Office of Financial Management (OFM), under the direction of the Deputy Chief Financial Officer, formulates, presents and executes the ITA budget, allocating resources to the Assistant Secretaries; effects financial and budgetary controls; provides accounting services and maintains ITA's integrated accounting system, including financial reporting and financial internal controls; prepares budget and accounting reports and provides liaison with Departmental counterparts; prepares formal financial statements in conformance with the CFO Act and other OMB requirements; and acts as the focal point for GAO and Departmental Inspector General audit activities relating to financial management in ITA.

.04 The Chief Information Officer (CIO) is the principal advisor to the Under Secretary and Deputy Under Secretary on information resources management and policy for the International Trade Administration. Specifically, the CIO carries out Information Technology (IT) functions through:

a. The Office of Information Technology Operations under the direction of the Deputy Chief Information Officer manages the operation of the telecommunications and automated systems needed to support ITA headquarters and field operations; plans, develops, tests and implements information systems to support administrative and client support activities for headquarters and field staff; provides technical support and training for ITA personnel; coordinates and supports digital delivery of ITA products and services; reviews and approves IT systems development and acquisitions; approves and coordinates the development and deployment of ITA's world-wide IT systems and applications; plans, operates, and coordinates local area networks (LAN) and the wide area networks (WAN) for ITA; provides LAN, WAN, and PC help desk support; manages enterprise-wide information management activities including support for Internet and World Wide Web activities; and represents ITA on information technology and e-commerce issues and directs centralized computing services for ITA program units;

b. The Office of Information Resources Management develops and coordinates ITA's strategic information technology (IT) plan and operational IT plans; establishes and administers IT policies, procedures, and standards; plans and manages IT architecture; provides and supports IT infrastructure; develops, maintains and oversees an information security program; operates the Telecommunications Center for the Department which provides telephone operator services, and transmission and distribution of State Department cable traffic; prepares a daily summary of cables and a weekly summary of terrorism activities for Department-wide use; and maintains liaison with Department counterpart offices.

c. The Security Information Resources Policy and Planning Office is responsible for the overall management of the IT Security program for the International Trade Administration; complies with Presidential Decision Directives (PDD) 63 and 67 and various Office of Management and Budget (OMB) Circulars (e.g., A-123, A-127 and A-130) to ensure critical and sensitive information and infrastructure are adequately protected and continuity of operations are assured; is responsible for properly protecting all information used, gathered, or developed; implements procedures that ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of sensitive government information, data, and/or equipment; and ensures procedures are consistent with Government and Department of Commerce Policies, OMB Circular A-130, Management of Federal Information Resources, the Computer Security Act of 1987, and the Privacy Act.

d. The Office of Program Management is responsible for analysis, advice and coordination with management on the evaluation of the effectiveness and productivity of E-Gov programs; responsible for managing all aspects of e-Government initiatives to streamline international trade facilitation processes employed by ITA and other participating Trade Promotion Coordinating Committee (TPCC) agencies. The Project Management Unit is charged with overseeing the proper implementation of all project-related activities including project coordination, project scheduling, meeting management, information technology planning and design, and financial resource management; and acts as the principal intermediary with the USDOC project team, TPCC partner agencies, and the Office of Management and Budget for project management.

Part V. THE ASSISTANT SECRETARY FOR TRADE PROMOTION (TP) AND DIRECTOR GENERAL OF THE U.S. & FOREIGN COMMERCIAL SERVICE (US&FCS)

Section 1. Delegation of Authority

.01 Pursuant to the authority delegated to the Under Secretary by the Secretary of Commerce, and subject to such policies and directives as the Under Secretary may prescribe, the Assistant Secretary for Trade Promotion and Director General of the U.S. and Foreign Commercial Service (the Director General) is hereby delegated the authority of the Under Secretary under:

a. The Act of February 14, 1903, as amended (15 U.S.C. 1512 et seq.; Chapter 5 of Title 15 U.S.C.) to foster, promote and develop the foreign and domestic commerce of the United States;

b. The trade promotion and commercial functions transferred to the Secretary of Commerce 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 Executive Order 12188 of January 2, 1980, as amended;

c. 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 of Commerce under section 5(b)(2) of Reorganization Plan No. 3 of 1979 and by section 1-104 of Executive Order 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 re-delegated in consonance with the Departmental policies issued by the Assistant Secretary for Administration;

d. Executive Order 10978 of December 5, 1961, regarding the Presidential "E" Award, "E" Certificate of Service, and "E Star" Award, except final selection of recipients;

e. The delegation of authority, dated June 25, 1962 from the President under Section 5(e) of Executive Order 11034 of June 25, 1962 as amended by Executive Order 11380 of November 8, 1967, insofar as said delegation pertains to 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.);

f. The Act of October 18, 1962, as amended (46 U.S.C. App. 1122b), which authorizes mobile trade fairs;

g. Chapter 23 of Title l5 U.S.C., regarding a clearinghouse for technical information, as is necessary for the preparation and dissemination of business and international economic information;

h. Sections 2301 and 2302 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721 and 22 U.S.C. 262s-2) regarding the U.S. and Foreign Commercial Service;

i. Section 2304 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4724) regarding trade shows;

j. Section 2306 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4725) regarding the U.S. and Foreign Commercial Service Pacific Rim Initiative;

k. Section 2307 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4726) regarding American Indian Tribes Export Promotion;

l. 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;

m. 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; and

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

n. The following sections of the Jobs Through Exports Act of 1992, P.L. 102-549:

1. Section 401 (22 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.

o. Functions of the Secretary of Commerce under the following sections of the Export Enhancement Act of 1992, P.L. 102-429:

1. Section 201 (15 U.S.C. 4727), regarding the Trade Promotion Coordinating Committee;

2. Section 202 (15 U.S.C. 4721(b)(8)), regarding one-stop shops for United States exporters;

3. Section 203 (15 U.S.C. 4721(b)(9) and (f)), regarding Commercial Service cooperation in federal financing and insurance programs;

4. Section 204 (15 U.S.C. 4728), regarding environmental trade promotion;

5. Section 205, regarding the rank of Commercial Service officers; and

6. Section 206 (15 U.S.C. 4729), regarding a report on export policy.

.02 Except as otherwise provided, the Assistant Secretary may re-delegate the above authorities (Appendix I), subject to such conditions in the exercise of such authorities as he/she may prescribe.

Section 2. Organization and Functions

The Assistant Secretary for Trade Promotion and Director General of the U.S. and Foreign Commercial Service (the Director General) manages the Trade Promotion/U.S. and Foreign Commercial Service (TP/US&FCS); serves as spokesperson for the TP/US&FCS, notably with business and other external constituencies; directs the Trade Promotion Coordinating Committee (TPCC) Secretariat that supports the Secretary as chair of the interagency TPCC, coordinates formulation and development of the National Export Strategy within ITA and with other TPCC agencies, develops ITA strategies on cross-cutting trade promotion issues and manages the development of interagency trade promotion recommendations; directs ITA's export promotion programs and manages strategic commercial programs; directs marketing and outreach programs; manages a system of overseas posts and domestic offices which includes a global network of trade professionals responsible for facilitating U.S. firms’ entry into and expansion of international trade; develops, implements and manages a unified program and personnel goal-setting and evaluation process ensuring that the activities of the TP/US&FCS are integrated with the rest of ITA; develops and manages a country planning process in coordination with the appropriate ITA Assistant Secretaries; contributes to the development and implementation of commercial policy; directs trade events programs, including Commerce certification programs that partner with private sector and other event organizers; manages TPCC interagency trade event planning, coordination and scheduling; ensures organization-wide consensus on event priorities; directs programs for collection and dissemination of trade and contact information for U.S. firms; provides centralized product and service coordination for trade promotion programs including event programs, matching services, and information programs; ensures that service delivery across the domestic and international field office network is seamless and coordinated, and manages programs to promote best practices, communication and continual feedback and improvement throughout the field network; formulates partnerships with public, private, and non-profit organizations based on shared interests in increasing U.S. exports and TP/US&FCS responsibility to foster a coordinated national export assistance infrastructure; directs programs to assist U.S. firms compete successfully for major projects and procurements worldwide through strategic, comprehensive, and focused advocacy support; maintains the official project tracking database on those projects for which U.S. companies have requested and received U.S. government advocacy assistance and shares the information contained in this database with Advocacy Network agencies, U.S. embassies and consulates, BIS and other ITA units; provides government assistance to encourage foreign decision makers to select U.S. bidders; implements those recommendations set forth in the National Export Strategy, including the creation of the Advocacy Network to coordinate interagency advocacy support and effective strategies for advocacy; creates interagency teams for particular major projects; serves as the entry point for requests for defense trade advocacy, and in coordination with BIS, provides advocacy to U.S. firms in the defense trade; directs programs to ensure top-quality customer relationship management and to obtain feedback from clients and employees to promote improvement; develops and administers, in coordination with the Departmental Office of Human Resources Management and the Department of State, personnel management programs for Foreign Service and Foreign Service National (FSN) employees of the TP/US&FCS; and provides Foreign Service human resources services to other units of the Department through memoranda of understanding.

The Director General coordinates with the Under Secretary for Industry and Security on export administration matters; the Assistant Secretary for Market Access and Compliance (and the Regional Deputy Assistant Secretaries) on market access and compliance issues; and the Assistant Secretary for Manufacturing and Services for programs related to strengthening the U.S. manufacturing base. The Director General carries out these functions through:

.01 The Deputy Director General of the U.S. and Foreign Commercial Service serves as the principal deputy to the Assistant Secretary; manages major TP/US&FCS programs/ initiatives to support development and implementation of ITA policy initiatives, including directing and coordinating the associated efforts of field and headquarters units; with the Assistant Secretary, develops TP/US&FCS program strategy based on integration of trade policy and export assistance programs; manages government reinvention programs and initiatives drawing on all TP/US&FCS units; performs such duties as the Assistant Secretary may assign; coordinates and manages the TP/US&FCS Teams Program; and assumes the duties of the Assistant Secretary in the event of the latter’s absence, inability to carry out the duties of the office or during a vacancy in the office, subject to the limitations set forth in the Federal Vacancies Reform Act of 1998, and serves as a senior policy advisor to the Under Secretary and Deputy Under Secretary for International Trade.

.02 The Advocacy Center assists U.S. firms in obtaining sales contracts for foreign projects or procurements; maintains the official project tracking database on those international projects for which U.S. companies are requesting and receiving U.S. Government advocacy assistance and shares the information contained in this database with Advocacy Network agencies, U.S. embassies and consulates, the Bureau of Industry and Security, and other ITA units; provides government assistance to encourage foreign decision makers to select U.S. bidders; works with an interagency team and the Bureau of Industry and Security to assist U.S. companies to obtain defense-related foreign contracts; manages and oversees the operations of liaison offices with four regional multilateral development banks and the World Bank providing American companies with information about and access to the resources of each bank; implements the recommendations set forth in the National Export Strategy, including the creation of the Advocacy Network (which includes the TPCC agencies and other agencies as appropriate based on specific advocacy cases) to coordinate TPCC interagency advocacy support, and effective strategies for advocacy; assists U.S. companies in accessing available financing, grants and risk assurances from TPCC agencies; creates interagency teams for particular major projects; coordinates development and implementation of advocacy strategy with senior ITA and Department officials as appropriate; and responds to customer service needs articulated by U.S. firms requesting advocacy assistance.

.03 The Office of Strategic Planning and Resource Management performs strategic planning and analysis for TP/US&FCS operations on behalf of the Assistant Secretary; ensures operating policies are consistent and coordinated across TP/US&FCS; manages an organization-wide performance measures quality control program; develops TP/US&FCS resource strategy based on the Assistant Secretary's priorities and manages strategic resource and scenario planning; develops integrated TP/US&FCS positions on resource-related issues; directs program and operations evaluations/reviews; directs the Management and Program Review program; develops and executes, in consultation with the Deputy Assistant Secretaries, organization development strategies supporting implementation of cross-cutting management initiatives; provides IG and GAO liaison and follow-up; coordinates TP/US&FCS internal control responsibilities; designs and maintains TP/US&FCS resource allocation models, including the Overseas and Domestic Resource Allocation Models; provides resource and administrative coordination with ITA administration units; provides regular management reports and analyses to CS senior managers presenting budget and staff utilization and performance against resource plans, and undertakes audits and other reviews; monitors and negotiates payment to the State Department for shared administrative support under the Interagency Cooperative Administrative Support System (ICASS) in consultation with the DAS for International Operations, who represents TP/US&FCS on the ICASS Board, and represents US&FCS and units for which the TP/US&FCS supports staff at posts (such as the Bureau of Industry and Security and the Patent and Trademark Office) on the ICASS council and working groups; and manages planning, priority-setting and coordination of information technology needs, including liaison with the Office of the Chief Information Officer on needs, project timelines and implementation.

.04 The Office of Professional Development manages programs and operations in support of workforce planning and professional development for the TP/US&FCS worldwide workforce and establishes applicable internal guidance and business processes; formulates and delivers a comprehensive professional and workforce development program with emphasis on implementing mission-specific training programs to equip staff with the skills and attitudes needed to meet the export assistance needs of U.S. companies, especially small and medium-sized companies; ensures that programs build and sustain core tradecraft and related proficiencies and provide for the distinct needs of a geographically dispersed and technically complex array of employee populations; creates and directs programs to orchestrate worldwide interchange of expertise and techniques that enhance export assistance programs and events and foster seamless TP/US&FCS global client service; provides programs to build and maintain a work environment conducive to high performance and to attracting and retaining top-quality staff; directs distance-learning programs; directs the centralized Tour of Duty (TDY) program; ensures that programs address issues arising in the context of the Trade Promotion Coordinating Committee or legislative action; and ensures relevant TP/US&FCS development programs adhere to agency policy.

.05 The Deputy Assistant Secretary for Domestic Operations manages the TP/US&FCS domestic field operation; oversees and coordinates the planning, development and implementation of programs, policies and procedures for field staff responsible for providing export promotion assistance to U.S. businesses domestically; directs and coordinates the preparation of U.S. Export Assistance Center (USEAC) plans; directs development of export promotion partnership programs with states, cities, other federal agencies, and national and local private-sector associations; directs US&FCS awards programs, including the President's "E" and "E" Star Awards program; manages the National Field Support Staff, which provides support to the DAS in the management of domestic field operations, coordinates administrative management issues across offices, establishes regional fiscal and personnel allocations in consultation with the National Director, and maintains liaison with ITA Administration, the National Institute of Standards and Technology (NIST) and NOAA’s Administrative Support Centers as appropriate to ensure efficient and effective administrative servicing for field offices; and directs programs to ensure top-quality customer relationship management and to obtain feedback from clients to promote program and service improvement. Through the Executive Director for Trade Promotion Programs, the Deputy Assistant Secretary also manages Trade Programs, Marketing and Communications, and the Trade Information Center. The DAS directs:

a. The Executive Director for Trade Promotion Programs provides strategic direction on the execution of trade promotion programs, including client development, marketing and communications, outreach and strategic partnerships, and trade event programs. The Executive Director directs:

1. The Trade Programs Unit which directs trade event programs such as the International Buyer Program, the Trade Fair Certification Program, trade missions, and international catalog exhibitions to provide opportunities for U.S. firms to promote products and services; provides event planning, scheduling, recruitment, and implementation for field and industry-driven event programs; ensures organization-wide consensus on event priorities; directs, coordinates and monitors trade event scheduling for ITA and other USG agencies and maintains a government-wide trade event schedule; monitors implementation of trade event guidelines and provides reports on event execution to the ITA Trade Events Board, which includes representatives from the TP/US&FCS, MAC, MAS, the TPCC, the CFO and which reviews and approves trade mission proposals and coordinates development of procedures on event-related issues; and monitors trade event resource and program tracking systems, including the monitoring of budgets and fiscal management controls for trade events.

2. The Marketing and Communications Unit which directs marketing, media and client outreach and recognition programs; identifies and refines marketing best practices for client lead identification and management; creates an effective network of strategic partners for TP/US&FCS, encompassing relationships with corporate partners, key associations, and Exim, SBA, TDA, State, and OPIC; conducts E-business outreach and coordinates the TP/US&FCS web presence; devises a market segmentation, list development and direct marketing strategy; coordinates efforts to develop innovative information/research products designed to help solve exporting challenges; coordinates collection, development and distribution of customized and non-customized market-specific products and services for use by U.S. firms in assessing market characteristics and potential; and supports key organizational efforts such as the Customer Relationship Management technology initiatives, the optimization of export.gov, and the ITA branding initiative.

3. The Trade Information Center which manages a central U.S. Government contact point that provides U.S. businesses comprehensive export information on all Government export programs, guides them through the export process, provides information on economic and commercial opportunities and conditions, regulations, and customs procedures, and identifies new clients; and Business Information Centers (BIC), which are primarily web-based resources that provide market intelligence information on relevant trade events, seminars, and client services as well as access to ITA support in key regional and country markets.

b. The National Director provides strategic direction as well as management oversight for the nationwide USEAC network; directs the development and implementation of annual work plans; ensures that plans reflect organizational direction and priorities and that domestic office programs and activities are aligned with ITA priorities and local export opportunities; conducts periodic domestic office site visits; appraises the performance of the USEAC Network Directors; allocates and manages a network budget within the TP/US&FCS resource allocation framework; determines personnel allocations and approves space management plans; and advises the Deputy Assistant Secretary for Domestic Operations on management issues. The National Director directs:

1. The Office of Operations formulates, coordinates and guides design and development of nationwide export assistance strategies and pilot initiatives in consultation with USEAC Network Directors; monitors accomplishments against strategic direction and plans; manages and coordinates programs to develop, assist, and maintain export assistance partnerships with states, cities, other federal agencies, national and local private sector organizations (e.g., Chambers of Commerce), and others, including the District Export Council; coordinates domestic field operations with trade-related programs of other Federal agencies; develops, implements, and coordinates export finance assistance programs for domestic field operations, including cooperative activities with the Exim, the SBA and other TPCC agencies; maintains liaison with other ITA officials, other Government agencies, industry, and academe to develop techniques for delivering programs to increase exporting by companies throughout the United States; maintains central statistics on domestic office activity and performance; provides network-wide analyses of domestic office activity and performance; organizes periodic USEAC conferences; ensures consistency in policy and program implementation across USEACs; coordinates or provides for cross-USEAC program support; and manages the flow of program communications among domestic offices, TP/US&FCS units, and other departments and federal agencies.

2. The U.S. Export Assistance Centers of the TP/US&FCS are located in commercial centers of the United States and exercise functional responsibility within such contiguous areas consistent with USEAC plans. Each USEAC is headed by a Director who is responsible for initiating and implementing Annual Work Plans in accordance with objectives, policies and procedures established by the DAS and responsive to local export opportunities. The USEACs are the domestic link in the global network of trade professionals responsible for promoting U.S. exports. USEACs counsel U.S. firms on overseas marketing opportunities and strategies; provide information on exporting; conduct specialized seminars, workshops and conferences; obtain commercial information for U.S. firms for use in planning and implementing export business strategies; disseminate information on trade development and trade policy issues to the business community and implement annual work plans. USEACs work cooperatively with key partner agencies and organizations, especially Exim, SBA and state trade offices.

.06 The Deputy Assistant Secretary for International Operations manages the TP/US&FCS overseas field operation; directs the Invest in America Program; oversees and coordinates the planning, development and implementation of programs, policies and procedures for overseas staff responsible for assisting U.S. businesses abroad; oversees and coordinates the preparation and implementation of post strategic plans; serves as the principal liaison for communication between overseas posts and TP/US&FCS program areas and other ITA units; cooperates with the ITA, Commerce and State Department security offices to provide policy guidance, provides resources to overseas non-co-located posts for physical security, and negotiates agreements with State for implementing security measures; develops and administers, in coordination with the Departmental Office of Human Resources Management and the Department of State, personnel management programs for Foreign Service and Foreign Service National (FSN) employees of the TP/US&FCS; provides Foreign Service human resources services to other units of the Department through memoranda of understanding; and maintains liaison with State and Commerce Department administrative offices to provide for administrative support for overseas posts, including negotiation and management of leased quarters, renovations, supplies and local transportation. The DAS directs:

a. The Regional Directors for the overseas posts provide management and operational oversight of post activities; direct the development and implementation of post strategic plans and mediate workload issues arising between overseas posts and ITA's units; ensure that strategic plans and country programs reflect organizational direction, ITA priorities, and country opportunities; monitor accomplishments against post strategic plans; monitor, advise, and report on post program implementation; appraise the performance of Senior Commercial Officers (SCOs) and obtain comment from other TP/US&FCS elements and other agencies for appraisal purposes; maintain liaison with other ITA officials, other government agencies, industry, and academe to develop techniques for delivering programs to promote U. S. commercial interests abroad; provide recommendations to the Assistant Secretary on proposed officer assignments; establish, allocate, and manage personnel and fiscal resources using resource allocation tools and performance management; manage development, monitoring and maintenance of budget and fiscal management controls for post trade events; conduct annual post site visits and organize and manage periodic regional TP/US&FCS SCO conferences; and develop regional initiatives, strategies and techniques to achieve commercial objectives. There are four Regional Directors:

1. Western Hemisphere;

2. Africa, Near East, South Asia;

3. East Asia and the Pacific; and

4. Europe

The TP/US&FCS posts are the overseas operational arms of the Department of Commerce for export development activities. They are responsible for promoting U.S. exports and defending U.S. commercial interests abroad; implementing the full range of Department of Commerce overseas commercial programs and activities, including those administered by ITA, other Commerce agencies, and other U.S. Government agencies; and coordinating, within their area of jurisdiction, the activities of all ITA personnel overseas. Overseas posts are directed by a Senior Commercial Officer who reports directly to the ambassador or deputy chief of mission for in-country policy, operational, and administrative relationships and to the Regional Director for overseas operations of the posts in the region. The Senior Commercial Officer at each post is responsible for post administration and resource management in accordance with established objectives, policies and procedures of the International Trade Administration, as conveyed through the Assistant Secretary, and is responsible for the direction and supervision of program implementation as conveyed through post strategic plans and the Country Commercial Guide (CCG). The Senior Commercial Officer in a country has overall responsibility for all ITA activities and personnel in that country.

b. The Office of Foreign Service Human Resources (OFSHR) is responsible for developing, in coordination with the Office of International Operations, ITA, and the Departments of Commerce and State, and administering human resources management programs for employees under the Foreign Service personnel system. OFSHR has the responsibility and/or oversight for: recruitment and assessment support for Foreign Service Officers; classification of Foreign Service positions (both American and local); staffing of Foreign Service positions, including the NSDD-38 process and pre-employment clearances (security/medical/drug tests); monitoring Foreign Service personnel records and processing; career development and individual training needs for Officers and local staff; Foreign Service performance management, including appraisals and awards; conducting the Selection and Commissioning and Tenure Boards; administering the Foreign Service Grievance system; travel of employees and their families and shipment of their effects; Foreign Service allowances and benefits; employee and labor relations; time and attendance and payroll processing for Officers; monitoring the language proficiency of Foreign Service employees; supporting CS activities at the Board of the Foreign Service; maintaining liaison with the State Department on local hire issues; and representing the TP/US&FCS at the Department of Commerce Human Resource counterpart meetings and representing the Department at interagency meetings with respect to Foreign Service issues.

c. The Foreign Service Career Development and Assignments Staff develops and executes management initiatives designed to create a single, global-minded export promotion workforce equipped with both the skills and domestic/overseas experience to best serve U.S. business throughout the world including recruitment and selection for this workforce; coordinates with the Board of Examiners and the Board of the Foreign Service on recruitment and selection issues; manages a worldwide assignments/position management system; analyzes workforce skill requirements, capabilities and needs, translating results into organizational action plans; formulates human resource development and diversity policies and employee development programs; represents management in labor relations issues; and provides career counseling and advice to officers on career path and assignment-related issues.

Part VI. ASSISTANT SECRETARY FOR MARKET ACCESS AND COMPLIANCE (MAC)

Section 1. Delegation of Authority

.01 Pursuant to the authority delegated to the Under Secretary by the Secretary of Commerce, and subject to such policies and directives as the Under Secretary may prescribe, the Assistant Secretary for Market Access and Compliance (the "Assistant Secretary") is hereby delegated the authority of the Under Secretary under:

a. The Act of February 14, 1903 as amended (15 U.S.C. 1512 et seq.; Chapter 5 of Title 15 U.S.C.) to foster, promote, and develop the foreign and domestic commerce of the United States, and related provisions;

b. Such portions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) and such other 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 Executive Order 12188 of January 2, 1980, as amended, as are necessary to carry out the Assistant Secretary's responsibility to provide policy oversight and direction to activities of the US&FCS posts overseas; and

c. The China Trade Act of 1922, as amended (15 U.S.C. 141 et seq.);

d. 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;

e. Functions of the Secretary of Commerce under the following sections of the Export Enhancement Act of 1992, P.L. 102-429:

1. Section 201, regarding the Trade Promotion Coordinating Committee;

2. Section 202, regarding one-stop shops for United States exporters;

3. Section 203, regarding Commercial Service cooperation in federal financing and insurance programs;

4. Section 204, regarding environmental trade promotion;

5. Section 205, regarding the rank of Commercial Service officers; and

6. Section 206, regarding a report on export policy;

f. 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;

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

5. Section 602 (22 U.S.C. 5872) regarding the Office of Space Commerce; and

g. Section 602 of the Support for East European Democracy (SEED) Act of 1989 (P.L. 101-109, 22 U.S.C. 5462), and Section 3 of Executive Order 12703 of February 20, 1990, regarding the establishment of a SEED Information Center System.

.02 Except as otherwise provided, the Assistant Secretary may redelegate the above authorities (Appendix II), subject to such conditions in the exercise of such authorities as he/she may prescribe.

Section 2. Organization and Functions

The Assistant Secretary for Market Access and Compliance advises on the analysis, formulation and implementation of U.S. international economic policies of a bilateral, multilateral or regional nature, ensuring trade objectives are aligned with U.S. foreign policy; improves market access by U.S. companies to overseas markets; and strengthens the international trade and investment position of the U.S. Specifically, the Assistant Secretary has primary responsibility for developing and implementing market access policies and programs, including: bilateral, multilateral and regional trade and investment policies and programs; maintaining appropriate contacts with foreign officials and developing policies for multilateral and bilateral negotiations; identifying existing and potential market access problems and initiating government action to overcome market access problems systematically region-by-region; managing bilateral joint commissions and similar institutions; implementing the results of trade negotiations and overseeing a program to monitor and seek foreign compliance with U.S. trade agreements; participating, as appropriate, with the Assistant Secretary for Manufacturing and Services in reviewing international sectoral issues which arise in a bilateral, multilateral or regional context; overseeing the administration of the North American Free Trade Agreement (NAFTA) and other free trade agreement Secretariats; and coordinating ITA participation arising in the context of the World Trade Organization (WTO) and in international organizations such as the Organization of Economic Cooperation and Development (OECD), United Nations (UN), United Nations Commission on Trade and Development (UNCTAD) and others. The Assistant Secretary ensures policy and program consistency across the various units of Market Access and Compliance (MAC); manages MAC issues which are cross-cutting in nature, including outward investment issues; undertakes studies and makes evaluative analysis of policy recommendations or proposals under consideration by the Assistant Secretary; serves as primary source of foreign country information necessary to prepare and review briefing material for senior Departmental officials for meetings with high level domestic and foreign officials and businesspeople; and maintains appropriate liaison with representatives of other units within the Department, other Executive Branch agencies, Congressional committees, and the private sector for the purpose of facilitating the exchange of ideas on international trade issues. The Assistant Secretary carries out these functions through:

.01 The Deputy Assistant Secretary for Market Access and Compliance manages the day-to-day operations of MAC; represents, coordinates and supervises ITA participation in the Trade Policy Staff Committee chaired by the U.S. Trade Representative; oversees the MAC program planning and resource allocation process; represents MAC within and outside the Department at major meetings and trade fora; coordinates with other ITA units on issues of concern to MAC; coordinates ITA participation in and policy development for bilateral and multilateral trade negotiations, including Free Trade Agreements; advises the Assistant Secretary on program and policy issues; assumes the duties of the Assistant Secretary in the event of the latter’s inability to carry out the duties of the office or during a vacancy in the office, subject to the limitations set forth in the Federal Vacancies Reform Act of 1998, and serves as a senior policy advisor to the Under Secretary and Deputy Under Secretary for International Trade. The DAS directs:

a. The Office of Policy Coordination provides support to the Deputy Assistant Secretary in ensuring policy and program consistency across the various units of MAC; manages MAC issues which are cross-cutting in nature, including outward investment issues; undertakes studies and makes evaluative analysis of policy recommendations or proposals under consideration by the Assistant Secretary; prepares and reviews briefing material for senior Departmental officials for meetings with high level domestic and foreign officials and businesspeople; and maintains appropriate liaison with representatives of other units within the Department, other Executive Branch agencies, Congressional committees, and the private sector for the purpose of facilitating the exchange of ideas on international trade issues.

b. The Office of Trade Agreement Secretariats includes the United States section of the NAFTA Secretariat, and provides administrative assistance for dispute settlement panels pursuant to other free trade agreements as designated. The NAFTA Secretariat administers a permanent binational panel review system for resolving disputes under the NAFTA; provides reports to the Cabinet-level Free Trade Commission on financial operations and panel actions; develops reports on the operation of the Secretariat for the use of Departmental officials, the Free Trade Commission and the Congress; maintains a public facility containing the public record of all documents filed in panel cases; and provides administrative support to the Free Trade Commission, as requested. Similarly, the office provides administrative support for dispute resolution panels, prepares reports on its operations pursuant to free trade agreements, and maintains all pertinent documents related to panels and administrative support.

.02 The Deputy Assistant Secretary for Trade Agreements and Compliance implements and monitors the results of multilateral trade negotiations; monitors, investigates, and evaluates foreign compliance with multilateral trade agreements; coordinates and supplements agreement monitoring efforts of ITA sectoral and country organizations for bilateral, regional and country-specific trade agreements; provides a focal point for U.S. companies to obtain information and advice on their rights and market opportunities resulting from bilateral, regional and multilateral agreements; coordinates with USTR, other Executive agencies and the Congress to ensure that U.S. firms receive full benefits from U.S. trade agreements; coordinates the development of ITA's positions in activities arising in the context of the WTO and related organizations and in international organizations such as the OECD, UN, UNCTAD, and others. The DAS directs:

a. The Office of Multilateral Affairs coordinates the development of ITA's positions on non-sectoral international trade and investment policy issues which arise in a multilateral context, including the WTO, OECD, UN, and other international organizations; provides representation to these organizations and to interagency bodies working on multilateral non-sectoral agreements; monitors foreign country implementation of multilateral trade/investment agreements, as assigned; and develops special studies related to the formulation of U.S. trade and investment policy within a multilateral context, with particular emphasis on the reform of the multilateral system of rights and obligations on trade policy matters. Works with the units of ITA to analyze and develop recommendations on issues relating to implementation of U.S. trade laws including Sections 201, 421, 301, and the Generalized System of Preferences (GSP) provisions under the 1974 Trade Act, miscellaneous tariff bills, and retaliation lists.

b. The Trade Compliance Center receives input from U.S. companies, ITA units and other government sources about countries who are not complying with trade laws and agreements and coordinates action to redress identified problems; monitors, investigates, and evaluates foreign compliance with trade agreements; coordinates and supplements agreement monitoring efforts of ITA sectoral and country organizations for bilateral, regional, and country-specific trade agreements; develops and maintains ITA's central databank for monitoring and reporting on foreign compliance with bilateral, regional and multilateral trade agreements; provides information and counseling to U.S. companies on their rights and market opportunities resulting from trade agreements; and coordinates with ITA units, overseas posts, Export Assistance Centers, the U.S. Trade Representative, other Executive agencies and Congress, as appropriate, regarding potential enforcement actions to ensure that U.S. companies receive full benefits from trade agreements.

c. The Office of Intellectual Property Rights coordinates for ITA policy development on intellectual property rights in both interagency and international fora; monitors changes in bilateral or multilateral regulations and standards on intellectual property rights; advocates for regulations that enhance compliance with international intellectual property rights agreements, or more effective enforcement mechanisms; investigates potential violations of intellectual property rights held by U.S. firms and artists; works with U.S. industry to identify instances where foreign countries are not complying with trade obligations to provide adequate IPR protection, evaluates evidence of such non-compliance, and develops strategies to combat these violations and works in close collaboration with the TCC on compliance matters, including case development, outreach, and training.

.03 Four regional Deputy Assistant Secretaries as follows:

a. The Deputy Assistant Secretary for Europe directs:

1. Office of the European Union

2. Office of European Country Affairs

3. Office of Russia, Ukraine, and Eurasia

b. The Deputy Assistant Secretary for the Western Hemisphere directs:

1. The Office of North and Central America and the Caribbean

2. The Office of South America

c. The Deputy Assistant Secretary for Asia directs:

1. The Office of China Economic Area;

2. The Office of the Pacific Basin; and

3. The Office of Japan.

d. The Deputy Assistant Secretary for Africa, the Middle East and South Asia directs:

1. The Office of Africa

2. The Office of the Middle East; and

3. The Office of South Asia and Oceania.

.04 Each regional Deputy Assistant Secretary, for the region and through the country offices, for the countries within the region:

a. Analyzes and develops recommendations for international economic, trade, and investment policy strategies and objectives and serves as the focal point within the Department for dealing with bilateral and regional economic, investment, and commercial policy issues;

b. Formulates positions on economic and commercial policies affecting the region, including preparation and representation at interagency and international meetings and negotiations on bilateral and regional economic issues;

c. Monitors information on economic and commercial developments and maintains in-depth commercial and economic expertise on individual countries and the region;

d. Provides in-depth information to U.S. firms on country and region specific economic and commercial opportunities; offers problem solving assistance; provides expert interpretation of economic data; and conducts seminars and speaking engagements on commercial opportunities reached through multilateral/bilateral negotiations or due to changes in political environment; and

e. Monitors/enforces foreign country implementation of bilateral trade/investment agreements.

.05 The country responsibilities of the Market Access and Compliance organization are shown in Exhibit 2.

Part VII. ASSISTANT SECRETARY FOR IMPORT ADMINISTRATION (IA)

Section 1. Delegation of Authority

.01 Pursuant to the authority delegated to the Under Secretary by the Secretary of Commerce, and subject to such policies and directives as the Under Secretary may prescribe, the Assistant Secretary for Import Administration (the "Assistant Secretary") is hereby delegated the authority of the Under Secretary under:

b. 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 Export Administration 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;

c. 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 under Section 702 of the Trade Agreements Act of 1979 (19 U.S.C. 1202 note).

d. 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;

e. Sections 318, 502(a) and (b) of the Tariff Act of 1930 (19 U.S.C. 1318, 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;

f. 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;

g. 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);

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

i. Headnote 6 of schedule 7, part 2, subpart E of the Tariff Schedules 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;

j. 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;

k. 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;

l. Section 403(d)(1)(C) of Public Law 100-204 (reprinted in 22 U.S.C. 1471 nt.), with respect to a contract requirement for Voice of America modernization projects, providing for certification by the Secretary to the Director of the United States Information Agency 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.

m. 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;

n. Section 592(A)(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 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 WTO dispute settlement panel reports;

p. 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 enforcement of the WTO Subsidies Agreement by the "administering authority" and conduct by the Secretary of Commerce of ongoing review of, and report to the Congress on, the WTO Subsidies Agreement;

q. 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;

r. 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;

s. 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;

t. Executive Order 11651 of March 3, 1972, as amended by Executive Order 11951 of January 6, 1977 and Executive Order 12188 of January 2, 1980, regarding Textile Trade Agreements;

u. Section 5(b) and 5(c) of Executive Order 11846 of March 27, 1975, as amended by Executive Order 12188 of January 2, 1980, relating to quantitative import restrictions and monitoring of imports under orderly market agreements;

v. Public Law 86-14, the Trade Fair Act of 1959 regarding certifying and promoting trade fairs held in the United States. Participating exhibitors are allowed the importation of temporary duty free exhibit items to be displayed at each specific trade show;

w. Public Law 91-269 regarding Federal recognition and participation in world fairs and international expositions;

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

y. Section 504(b) of the Trade and Development Act of 2000, regarding modification of and 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;

z. 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;

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

bb. Section 4002(c)(6) of the “Wool Suit and Textile Trade Extension Act of 2004”, insofar as it relates to the Wool Apparel Manufacturers Trust Fund and grants to manufacturers of worsted wool fabrics.

.02 Except as otherwise provided, the Assistant Secretary may re-delegate the above authorities (Appendix III) subject to such conditions in the exercise of such authorities as he/she may prescribe.

Section 2. Organization and Functions

The Assistant Secretary for Import Administration directs the activities of IA; assists and advises on the development and implementation of policies pertaining to Departmental programs dealing with IA issues; exercises the functions of the "Secretary and administering authority" under U.S. antidumping (AD) and countervailing duty (CVD) laws within the meaning of Section 303 and Title VII of the Tariff Act of 1930, as amended; coordinates the formulation and implementation of U.S. AD/CVD policies and programs, including the development of Departmental positions regarding specific cases and general AD/CVD issues which are to be discussed in domestic and international fora, such as meetings of the National Security Council and the WTO Committees on Antidumping Practices and on Subsidies and Countervailing Measures; ensures the proper administration of AD/CVD laws, including the expeditious conduct of investigations and reviews, the administration of AD/CVD findings and orders, the issuance of instructions directing the U.S. Customs and Border Protection to collect duties under those findings and orders, and the administration of AD/CVD suspension agreements and other related bilateral and multilateral trade agreements; assists the Office of the Chief Counsel for IA in its responsibilities for the defense of litigation challenging actions taken by the Department under the AD/CVD laws and other laws; conducts negotiations with foreign manufacturers or governments to suspend AD/CVD investigations; makes subsidies determinations on articles of cheese subject to an in-quota rate of duty; monitors and enforces trade arrangements with foreign governments; oversees safeguard actions, industry analysis, export expansion activities, and other activities to support industry competitiveness; administers the foreign-trade zones program and acts as alternate for the Secretary on the Foreign Trade Zones Board in all matters, except grants of authority to establish new zones; recommends, in conjunction with the Bureau of Industry and Security (BIS), remedial action to the President through the Under Secretary and the Secretary after a finding by BIS that imports threaten to impair the national security; administers trade agreements with foreign governments in product areas; and administers the program governing duty-free importation under the United Nations Educational, Scientific and Cultural Organization's (UNESCO) Florence Agreement and the Department's responsibilities pertaining to watch assembly and jewelry manufacturing industries; ensures the continued full access to trade remedy laws by U.S. industry; strengthens enforcement efforts to combat illegal transshipment; participates in negotiations or consultations on matters of transshipment, classification and investigation; administers classification and categorization seminars for foreign governments; issues visa agreements and visa waivers; and identifies barriers to trade. The Assistant Secretary directs:

01. The Deputy Assistant Secretary for Import Administration manages the day-to-day operations of IA; oversees the IA program planning and resource allocation process; represents IA within and outside the Department at major meetings and fora; coordinates with other ITA units on issues of concern to IA; advises the Assistant Secretary on program and policy issues; assumes the duties of the Assistant Secretary in the event of the latter’s inability to carry out the duties of the office or during a vacancy in the office, subject to the limitations set forth in the Federal Vacancies Reform Act of 1998, and serves as a senior policy advisor to the Under Secretary and Deputy Under Secretary for International Trade.

02. The Director of Operations Support is the principal advisor to the Assistant Secretary on administrative and management policy for IA; oversees the day-to-day operations of the Central Records Unit; directs the agency's handling of business proprietary data in AD/CVD proceedings; directs information technology activities, including the provision of computer equipment, identification and adaptation of computer systems to support Import Administration program activities as well as the storage and timely retrieval of data used in AD/CVD proceedings; at the direction of the Assistant Secretary, coordinates special assignments which cross-cut all Import Administration offices.

03. The Foreign Trade Zones Staff provides administrative support to the Secretary of Commerce in his or her capacity as Chair of the Foreign Trade Zones Board; processes applications and conducts analyses for new and expanded zones; provides clearances pursuant to the Board's regulations; maintains Board records and files; provides technical advice and assistance on zone matters; conducts public hearings on zone proposals; reviews annual reports from zones on the economic impact of zone activities; works with State and community development officials on zone projects; provides liaison with the U.S. Customs Service and Border Protection, and with the Department of the Treasury; and publishes the Board's annual report to the Congress.

.04 The Deputy Assistant Secretary for Antidumping and Countervailing Duty Policy and Negotiations is the principal advisor to the Assistant Secretary on policy and negotiations for Import Administration and coordinates with the DAS for AD/CVD Operations to ensure consistent policy decisions in AD/CVD proceedings. The DAS for AD/CVD Policy and Negotiations conducts negotiations regarding possible suspension of AD/CVD investigations and conducts other negotiations resulting from AD/CVD cases or issues; administers trade agreements pursuant to arrangements with foreign governments in specified product areas; consults with foreign governments to discuss related monitoring and enforcement issues; and recommends revocation, termination or extension of AD/CVD suspension agreements. The DAS for AD/CVD Policy and Negotiations oversees formulation and implementation of policies governing the Department's administration of the AD/CVD statutes; in consultation with the Office of Chief Counsel for Import Administration, ensures the uniform application of statutory and regulatory provisions of AD/CVD laws and regulations; assists the private sector by monitoring foreign subsidies, by identifying instances of subsidization which might be remedied under the provisions of the Subsidies and Countervailing Measures Agreement, and by working with other government agencies in pursuing appropriate remedies in the WTO when such instances of subsidization are found; prepares position papers and case decision summaries for meetings of the WTO Committee on Antidumping Practices and Subsidies and Countervailing Measures; and acts, as appropriate, for Import Administration management officials in representing the views of the Import Administration in domestic, interagency, and international fora; provides accounting/financial policy guidance and programs in the administration of the AD/CVD laws; provides accounting/financial support for cost-accounting issues related to cost of production/constructed value analyses and creditworthy/equity worthy determinations; analyzes allocation of domestic subsidies; evaluates adherence to GAAPs; contributes to the formulation of accounting verification procedures; provides expert advice and position papers on accounting/financial matters to the IA offices; represents the Assistant Secretary or other officials in interagency, domestic and international fora where accounting/financial issues in AD/CVD cases or AD/CVD matters in general are discussed; provides litigation support to the Office of the Chief Counsel for Import Administration; and conducts accounting/financial services for the monitoring of suspension agreements; and administers the program governing duty-free importation under the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) Florence Agreement and the Department’s responsibilities pertaining to watch assembly and jewelry manufacturing industries. The DAS directs:

a. The Office of Policy serves as the principal staff in the formulation and implementation of policies governing the Department's administration of the AD/CVD statutes; in consultation with the Office of Chief Counsel for Import Administration, ensures the uniform application of statutory and regulatory provisions of AD/CVD laws and regulations; conducts negotiations regarding possible suspension of AD/CVD investigations and conducts other negotiations resulting from AD/CVD cases or issues, including participating in WTO negotiations regarding antidumping and subsidy matters; administers trade agreements pursuant to arrangements with foreign governments in specified product areas; consults with foreign governments to discuss related monitoring and enforcement issues; and recommends revocation, termination or extension of AD/CVD suspension agreements; assists the private sector by monitoring foreign subsidies, by identifying instances of subsidization which might be remedied under the provisions of the Subsidies and Countervailing Measures Agreement, and by working with other government agencies in pursuing appropriate remedies in the WTO when such instances of subsidization are found; prepares position papers and case decision summaries for meetings of the WTO Committee on Antidumping Practices and Subsidies and Countervailing Measures; monitors imports in selected product categories to provide early information regarding import surges and possible unfair trade practices; provides counseling to private parties interested in learning the requirements for or needing assistance in filing a petition for relief from unfairly traded imports; and administers the program governing duty-free importation under the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) Florence Agreement and the Department’s responsibilities pertaining to watch assembly and jewelry manufacturing industries; and acts, as appropriate, for Import Administration management officials in representing the views of the Import Administration in domestic, interagency, and international fora.

b. The Office of Accounting provides accounting/financial policy guidance and programs in the administration of the AD/CVD laws; provides accounting/financial support for accounting issues related to cost of production/constructed value analyses and creditworthy/equity worthy determinations; analyzes allocation of domestic subsidies; evaluates adherence to GAAPs; contributes to the formulation of accounting verification procedures; provides expert advice and position papers on accounting/financial matters to the Office of the Assistant Secretary; represents the Assistant Secretary or other officials in interagency, domestic and international fora where accounting/financial issues in AD/CVD cases or AD/CVD matters in general are discussed; provides litigation support to the Office of the Chief Counsel for Import Administration; and conducts accounting/financial services for the monitoring of suspension agreements.

.05 The Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations oversees and directs the management of AD/CVD Enforcement Offices which: evaluate petitions received and conduct investigations under the AD/CVD laws; conduct administrative reviews and sunset reviews of existing AD/CVD findings and orders; perform analyses which will form the basis of recommendations regarding the disposition of individual AD/CVD investigations and reviews; serve as primary contact 9:009:00 points with the U.S. International Trade Commission on matters pertaining to administration of AD/CVD investigations, such as determination of the product definition and provision of calculations and analyses which form the basis of determinations reached; arrange public hearings involving interested parties when requested in the course of investigations and administrative reviews; prepare and issue instructions to the U.S. Customs Service and Border Protection regarding the collection of AD/CVD duties; recommend revocation, termination or extension of AD/CVD orders and findings; support negotiations regarding possible suspension of AD/CVD investigations and orders; and publish determinations and the results of reviews in the Federal Register. The DAS directs:

a. The Executive Director for AD/CVD Operations performs such functions as the DAS may assign; assists the DAS in addressing, coordinating and resolving various substantive policy and operational issues and problems which cross-cut the offices reporting to the DAS; coordinates operation and output of the offices; and develops operating and program policies specifically applicable to the AD/CVD enforcement program.

b. The AD/CVD Operations - Customs and Border Protection Liaison Unit (CBPLU) serves as the IA liaison with U.S. Customs and Border Protection (CBP) and other agencies, as necessary (e.g., U.S. Immigration and Customs Enforcement, the Departments of Justice and Treasury) to ensure the collection of AD/CVD duties; facilitates communication with these agencies; participates in the resolution of complex trade enforcement issues; educates stakeholders (e.g., CBP and the trade community) on enforcement-related matters; serves as an information center on AD/CVD collection issues, including entry, suspension, and liquidation of merchandise issues; and carries out various activities, including operating IA’s Call Center and facilitating fraud and evasion issues between IA and CBP.

c. The Senior Directors of AD/CVD Enforcement Offices I, VI and the China/NME Unit, and the Directors of Offices II, III, V, VII and China/NME Unit’s Office IV, VIII and IX perform such functions as the DAS may assign; reports to the DAS, serves both as the manager for one of the offices under the DAS (as applicable) and addresses, coordinates and resolves substantive policy and operational issues and problems; coordinates operation and output of the offices; and develops operating and program policies specifically applicable to the AD/CVD enforcement program. The AD/CVD Enforcement Offices I-III and V-VII analyze petitions submitted by manufacturers, producers, trade associations, and unions under the AD/CVD laws; conduct investigations and, for the findings, orders, or agreements under their jurisdiction, the reviews required under the AD/CVD laws, including the determination of product definitions and the drafting and presentation of questionnaires; analyze responses to questionnaires and conduct on-site verification of the accuracy and completeness of responses; analyze issues and arguments in case and rebuttal briefs submitted by interested parties; arrange and participate in public hearings involving interested parties when requested in the course of investigations and reviews; prepare recommendations regarding the disposition of individual AD/CVD investigations and reviews, including where warranted, recommendations for revocation or termination of findings, orders, or agreements; prepare instructions to the U.S. Customs Service and Border Protection regarding deposits of estimated antidumping and countervailing duty amounts and collection of duties on outstanding orders; prepare memoranda and notices for publication in the Federal Register explaining determinations and the results of the reviews; and maintain liaison with U.S. industry representatives and foreign government and industry to discuss enforcement issues. Under the direction of the Senior Director of the China/NME unit, AD/CVD Enforcement Offices IV and VIII-IX conduct the above activities involving imports from the People’s Republic of China and various countries determined by the Department to have non-market economies.

.06 The Deputy Assistant Secretary for Textiles and Apparel seeks and evaluates industry positions on international trade issues affecting the textile and apparel industries and provides objective analysis of these issues to policy makers as a basis for representing U.S. commercial interests in international fora; anticipates and assesses trade and domestic legislative and regulatory issues and provides policy makers with timely information and analysis of key international and domestic issues affecting the obstacles and threats to the industry; chairs and provides administrative support to the interagency Committee for the Implementation of Textile Agreements (CITA); participates in multilateral and bilateral trade agreement negotiations and consultations, including international tariff and free trade agreements; administers provisions of trade agreements and legislated trade preference programs, such as commercial availability (short supply) provisions, wool fabric tariff rate quotas, handloom/folklore, and other provisions; evaluates and prepares China-specific textile safeguard actions and makes appropriate recommendations to CITA; analyzes export market conditions and develops, in cooperation with U.S. industry, annual export priorities; develops programs to improve the access of U.S. textile and apparel products to overseas markets; identifies and carries out trade promotion opportunities, including trade events, for market access and market penetration and targets efforts to facilitate market entry for U.S. firms seeking to expand international trade; chairs and administers the Exporters’ Textile Advisory Committee; provides support for the interagency trade promotion process, and provides information and support for U.S. business in asserting U.S. rights and opportunities under the WTO and other agreements; administers the private sector advisory process, including the industry consultations process; determines and meets information and analysis needs of priority industry and Government customers by providing analyses and market research; monitors and implements quantitative textile and apparel import restraint agreements, and directs U.S. Customs and Border Protection in the implementation of those agreements and related administrative arrangements; conducts studies and analyses of foreign and domestic fiber, textile, and apparel industries; and administers funding for textile and apparel technology grants. The DAS directs:

The Office of Textiles and Apparel under the policy guidelines set forth by the DAS, undertakes the implementation of the U.S. textile program, including administration of U.S. textile and apparel quotas, safeguard actions, export expansion activities, textile related legislative provisions, and technology grants. The Office provides recommendations and advice to the DAS, in his role as Chairman of CITA, on issues relevant to administration of textile agreements and carries out decisions made by CITA with respect to those issues. The Office participates in international trade negotiations, undertakes economic and policy analyses, interacts with industry on quota and other trade policy issues, works with Customs and Border Protection to ensure that quotas are effectively administered at the ports, and implements the technical provisions of U.S. agreements. The Office of Textiles and Apparel administers a sector specific export program for the textile and apparel industries, featuring participation in overseas trade events, export seminars, market research, export counseling, and identification and support for measures to remove foreign trade barriers; and maintains a computerized export data base featuring comprehensive marketing information to facilitate entry of American companies into foreign markets. The Office administers textile related provisions of trade legislation and U.S. trade agreements, including commercial availability petitions, handloom/folklore determinations, and wool fabric tariff rate quotas. The Office of Textiles and Apparel also administers technology grants for the National Textile Center (NTC) and the Textile Clothing Technology Corporation and coordinates activities of the Industry Trade Advisory Committee for Textiles and Clothing and Exporters’ Textile Advisory Committee.

Part VIII. THE ASSISTANT SECRETARY FOR MANUFACTURING AND SERVICES (MAS)

Section 1. Delegation of Authority

.01 Pursuant to the authority delegated to the Under Secretary by the Secretary of Commerce, and subject to such policies and directives as the Under Secretary may prescribe, the Assistant Secretary for Manufacturing and Services (the "Assistant Secretary") is hereby delegated the authority of the Under Secretary under:

a. The Act of February 14, 1903, as amended (15 U.S.C. 1512 et seq.; Chapter 5 of Title 15 U.S.C.) to foster, promote, and develop the foreign and domestic commerce of the United States, and related provisions;

b. 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 Section 1-502 of Executive Order 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;

c. Sections 3 and 4 of Executive Order 11961 of January 19, 1977, as amended, which delegate to the Secretary of Commerce the authority of the President under Sections 4(a)(1), (2), (4) and (5), 4(b) and 4(e), of the International Investment and Trade in Services Survey Act of 1976, as amended (22 U.S.C. 3103). 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 pursuant to the Act shall be issued by the Secretary;

d. Section 4221 of the Internal Revenue Code (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 with respect to exemptions from taxes and import duties on supplies and equipment for aircraft;

e. Sections 104 and 135 of the Trade Act of 1974, as amended (19 U.S.C. 2114 and 2155), and Section 4(d) of Executive Order 11846 of March 27, 1975, regarding the industry consultations program;

f. 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;

g. Titles I and III of P.L. 97-290, the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq., 4011 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;

h. 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;

i. Section 2205(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. Section 4712 (b)), regarding the establishment and functions of an Office of Barter;

j. Section 2303 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4723) regarding the market development cooperator program;

k. 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;

l. Section 5001 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6951 et seq.), 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 relating to resource recovery facilities;

m. Section 2(a) of Reorganization Plan No. 3 of 1979 regarding "general operational responsibility 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";

n. Functions of the Secretary of Commerce 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 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;

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

p. Section 2313 of the Omnibus Trade and Competitiveness Act of 1988 as added by section 204(a) of the Export Enhancement Act of 1992 and amended by section 402 of the Jobs Through Trade Expansion Act of 1994 (15 U.S.C. 4728), regarding (i) designation of the chairperson of the Environmental Trade Promotion Working Group of the Trade Promotion Coordinating Committee (15 U.S.C. 4728(b)(3)); (ii) making available information on existing and emerging markets, and market trends for environmental technologies goods and services (15 U.S.C. 4728(e)); (iii) assignment of environmental technologists to the Commercial Service (15 U.S.C. 4728(f)); (iv) training in environmental technologies for Commercial Service Officers (15 U.S.C. 4728(g)); and (v) use of the Market Development Cooperator Program for development of regional alliances in support of export of environmental technologies, goods and services (15 U.S.C. 4728 (j));

.02 Except as otherwise provided, the Assistant Secretary may re-delegate the above authorities (Appendix IV) subject to such conditions in the exercise of the authorities as he/she may prescribe.

Section 2. Organization and Functions

The Assistant Secretary for Manufacturing and Services serves as the primary liaison with U.S industry and its trade associations to address U.S. competitiveness in global markets; advises on domestic and international trade and investment policies affecting the competitiveness of U.S. industry; conducts research and analysis on manufacturing and services; and develops strategies, policies and programs to strengthen the competitive position of U.S. industries in the United States and world markets. The Assistant Secretary advises the Secretary on trends in manufacturing and services and supports the Secretary in his role as the Federal Government’s chief advocate for the manufacturing and services sectors. The Assistant Secretary evaluates the effects of domestic and international economic and regulatory policies on the ability of U.S. industry to compete in world markets. The Assistant Secretary analyzes the economic environment for manufacturing and services industries and makes recommendations to improve that environment. The Assistant Secretary analyzes regulations and other proposed policies to determine their impact on cost competitiveness of U.S. firms and works with other U.S. agencies to reduce harmful impacts of proposed and existing policies and regulations on U.S. industries. The Assistant Secretary serves as the focal point on standards with U.S. industry and coordinates ITA’s standards efforts; makes recommendations for strategies and activities to support U.S. firms in expanding exports; manages MAS industry specialists located in the field throughout the United States; administers trade arrangements with foreign governments in product and service areas, except those involving antidumping and countervailing duty proceedings and textiles and apparel; identifies, develops, and recommends sector-specific policies, particularly for multilateral and bilateral negotiations such as free trade agreements and participation in the World Trade Organization; carries out measures to remove domestic, foreign, or international barriers that prevent market access to U.S. companies; serves as the Department's primary source of sectoral information and analysis on conditions in, and developments affecting, U.S. industrial sectors including tourism and other services industries; examines and develops trade policy recommendations which are sector-, industry- or product-specific in nature, consulting appropriately with ITA's Market Access and Compliance units where significant country issues are involved; obtains private-sector views regarding domestic industry, international economic and commercial policy issues; conducts analyses of the international trade implications of regulatory issues; and administers the Market Development Cooperator Program and congressionally mandated grants. The Assistant Secretary jointly manages the industry trade advisory program with the U.S. Trade Representative and other advisory committees; serves as Executive Director of The Manufacturing Council; supports the Interagency Manufacturing Working Group on Manufacturing; and provides staff support for the President’s Export Council and the Tourism Policy Council. The Assistant Secretary advises ITA and other Department officials on policies and programs regarding these functions; chairs numerous bilateral and multilateral sectoral working groups; serves as the National Coal Export Policy coordinator; and coordinates the Department's participation on the Interagency Committee on Foreign Investment in the United States (CFIUS). The Assistant Secretary carries out these functions through the following offices:

.01 The Deputy Assistant Secretary for Manufacturing and Services manages the day-to-day operations of MAS; oversees the MAS program planning and resource allocation process; represents MAS within and outside the Department at major meetings and fora; coordinates with other ITA units on issues of concern to MAS; advises the Assistant Secretary on program and policy issues; assumes the duties of the Assistant Secretary in the event of the latter’s inability to carry out the duties of the office or during a vacancy in the office, subject to the limitations set forth in the Federal Vacancies Reform Act of 1998, and serves as a senior policy advisor to the Under Secretary and Deputy Under Secretary for International Trade.

.02 The Office of Planning, Coordination and Management supports the Assistant Secretary and Deputy Assistant Secretary in managing the day-to-day operations of MAS; ensures MAS policy and program consistency; assists in the development, implementation and coordination of MAS strategic plans, goals and assignments; represents MAS within and outside the Department; directs operational planning and resource management including budget, personnel, administrative management and internal control and information resources coordination; prepares resource allocation plans to meet organizational objectives; manages the Market Development Cooperator Program; provides resource and administrative management coordination with ITA administrative management units; and monitors use of MAS resources.

.03 The Advisory Committees Staff (ACS) manages, together with USTR, fora for U.S. businesses to advise the Federal Government on domestic and international economic and regulatory issues and policies. ACS has responsibility for providing staff support to the advisory committees through recruiting and processing members, planning meetings and events, coordinating government involvement in committee activities, developing responses to committee recommendations, ensuring compliance with advisory committee laws and regulations, and preparing reports to Congress. ACS administers four major advisory programs: (a) The President’s Export Council which advises the President on the full range of trade and export matters and builds consensus on the benefits to all segments of the economy of exporting; (b) The Manufacturing Council which advises the Secretary of Commerce on government policies and programs that affect U.S. manufacturing; (c) the United States Travel and Tourism Advisory Board, which advises the Secretary of Commerce on matters relating to the U.S. travel and tourism industry; and (d) the 17 Industry Trade Advisory Committees which advise the Secretary of Commerce and the U.S. Trade Representative on trade negotiations and trade policy.

.04 The following Deputy Assistant Secretaries and their offices:

a. The Deputy Assistant Secretary for Manufacturing

1. Office of Transportation and Machinery;

2. Office of Energy and Environmental Industries;

3. Office of Health and Consumer Goods;

4. Office of Materials Industries; and

5. Office of Technology and Electronic Commerce.

b. The Deputy Assistant Secretary for Services

1. Office of Financial Services Industries;

2. Office of Service Industries; and

3. Office of Travel and Tourism Industries.

c. The Deputy Assistant Secretary for Industry Analysis

1. Office of Competition and Economic Analysis;

2. Office of Trade and Industry Information; and

3. Office of Trade Policy Analysis.

.05 The Deputy Assistant Secretary for Manufacturing and the Deputy Assistant Secretary for Services, for the industries within their sector, will:

a. Analyze trends, identify key factors affecting competitiveness and barriers to exports, and prepare strategic plans setting out objectives and strategies to strengthen industry competitiveness and improve access to foreign markets;

b. Evaluate the effects of specific government policies, especially regulatory policies, on specific manufacturing and services sectors in cooperation with the DAS for Industry Analysis;

c. Analyze the domestic economic environment and make recommendations to improve the competitiveness of U.S. industry;

d. Seek and evaluate industry positions on international trade issues, and provide objective analysis of these issues to policy makers as a basis for representing U.S. commercial interests in international trade forums;

e. Identify foreign market barriers and obstacles to U.S. exports; develop programs to improve access by U.S. exporters; work with appropriate Commerce and other government agencies to eliminate those barriers and obstacles; and work on a bilateral basis with foreign governments to improve the environment for U.S. exports in specific sectors;

f. Anticipate and assess trade issues and provide policy makers with timely international trade information and analysis for sectors with significant trade impact;

g. Provide sectoral support for the interagency trade policy process; monitor and participate in international consultations and negotiations of multilateral, regional and bilateral trade agreements for manufactured goods and services; administer trade arrangements with foreign governments in product and service areas, except those involving AD/CVD proceedings and textiles and apparel; and develop and provide to U.S. business, information and assistance on U.S. rights and opportunities under multilateral and other agreements;

h. Manage, in conjunction with ACS, the private sector industry advisory committees for manufacturing and services industries;

i. Monitor and enforce designated bilateral, regional and sector-specific trade agreements, in consultation with Market Access and Compliance;

j. Analyze and develop recommendations for industry, sectoral, and investment policy strategies and objectives and serve as the focal point for dealing with industry and sectoral commercial policy issues; and

k. Formulate positions on economic and commercial policies affecting industries and sectors including preparation and representation at interagency and international meetings and negotiations on industry and sectoral issues.

.05 In addition to the functions in Section .04 subparagraphs a. – k., above, the Deputy Assistant Secretary for Services will:

a. Identify and analyze aspects of international export finance; establish and recommend related policies; work with other agencies and multilateral organizations to ensure that U.S. exporters have competitive access to export finance; support the Department’s representative to U.S. Government export finance and lending organizations, such as the Export-Import Bank (in the absence of the Assistant Secretary for MAS, the DAS for Services will represent the Department as ex officio member of the Board of the Export-Import Bank of the United States) and the Overseas Private Investment Corporation;

b. Provide overarching policy advice to the Commerce Department on all transactions seeking official financing from USG agencies and multilateral development banks in which the USG has a vote. These include, but are not limited, to Export-Import Bank, Overseas Private Investment Corporation, National Advisory Council on International Financial and Monetary Policies, the Working Group on Multilateral Aid, and the OECD Export Credits Group; and

c. Identify and analyze aspects of international finance, barter, and counter-trade having the greatest impact on U.S. trade and recommend related policies and programs; collect and disseminate information on barter and opportunities, trends and practices, and represent the Department in forums dealing with finance, barter and counter trade issues.

.06 The Deputy Assistant Secretary for Industry Analysis through its three offices will:

a. Working with the industry offices of MAS, serve as primary source of economic analysis and expertise within the International Trade Administration, and ensure that the Secretary of Commerce has ready access to objective analysis and expertise on U.S. industry to facilitate well informed decisions on USG trade and economic policies and trade negotiations.

b. Conduct economic research and analysis on industry and trade to support the development and implementation of policies and programs to improve the competitiveness of U.S. manufacturing and service industries, the development and implementation of international trade and investment policies, and the development of programs to support U.S. exporters.

c. In consultation with sectoral offices, analyze trends and carry out research on trends and developments in manufacturing and services to advise the Secretary of Commerce and other senior officials.

d. Develop and maintain analytic tools and expertise to assess industry structures, trends in employment, productivity, and the impact of globalization on the United States.

e. In consultation with sectoral offices, conduct analysis on the business environment for U.S. manufacturing and services industries and make recommendations for actions to improve that environment.

f. Evaluate the impact of domestic and international policies, including domestic regulations, on the competitiveness of U.S. industries. In this capacity, the DAS for Industry Analysis will consult with industry offices, but will be the primary adviser to the Assistant Secretary.

g. Work with sector offices, OMB, and other government agencies to analyze the cost and competitiveness impact on manufacturing and services of existing and proposed regulations and to develop cost-effective approaches to regulatory policies.

h. Collect, compile, and disseminate data on U.S. industry and trade to support analysis throughout ITA, USTR, and other U.S. trade policy and promotion agencies; support the data needs of state and local programs dedicated to enhancing industry competitiveness; design and maintain systems to make this data available to U.S. businesses in a user-friendly format; inform the public of trade and industry trends; and work with the Bureau of the Census and other agencies to improve and expand data on U.S. exporters, trade and industry.

i. Analyze the impact of trade agreements, including the elimination or reduction of U.S. and foreign trade barriers on U.S. industry, and identify commercial opportunities for U.S. firms and industries that result from the trade liberalization.

j. Undertake, in cooperation with the sectoral offices, analysis of trade, tariffs, and non-tariff measures to develop U.S. trade negotiations, strategies, and positions, and participate, as appropriate, in negotiations. Following the implementation of trade agreements, work with sector offices to develop programs to monitor and ensure compliance with sector-specific trade agreements.

k. Work with the units of ITA to analyze and develop recommendations on issues relating to implementation of U.S. trade laws including Sections 201, 421, 301, and the Generalized System of Preferences (GSP) provisions under the 1974 Trade Act, miscellaneous tariff bills, and retaliation lists.

l. Represent ITA and the department in interagency and international fora on issues relating to competitiveness and trade issues that cut across industry sectors and on some sector-specific issues such as those relating to implementation of U.S. trade laws including Sections 201, 421, 301, and the Generalized System of Preferences (GSP) provisions under the 1974 Trade Act, miscellaneous tariff bills, and retaliation lists.

m. Work with sector units to develop consistent methodologies and establish the highest standards for industry analysis.

n. Conduct reviews and analysis and, as appropriate, issue export certificates of review providing limited exemption from liability under Federal and state antitrust laws for specified export conduct for export associations.

o. Coordinate the Department's participation in the interagency Committee on Foreign Investment in the United States (CFIUS).

______________(Signed)________________
Acting Under Secretary for International Trade