The International Trade Commission has new leadership. President Trump has designated Jason E. Kearns as Chairman and Randolph J. Stayin as Vice Chairman of the ITC for two-year terms, effective today, June 17, 2020. Both Chairman Kearns and Vice Chairman Stayin served as commissioners on the ITC before these designations.
Chairman Kearns (Democrat) joined the Commission on March 1, 2018, for a term expiring on December 16, 2024. Before joining the ITC, Chairman Kearns served as Chief International Trade Counsel for the Democratic staff of the U.S. House of Representatives Committee on Ways and Means and as Assistant General Counsel of the Office of the United States Trade Representative.
Vice Chairman Stayin (Republican) joined the ITC on August 1, 2019, for a term expiring on June 16, 2026. Before joining the ITC, Vice Chairman Stayin enjoyed a long career in private practice focusing on antidumping and countervailing duty proceedings, global safeguard investigations under section 201, investigations of unfair trade practices under section 301, section 232 national security investigations, and investigations related to the Generalized System of Preferences. Vice Chairman Stayin also served as Chief of Staff and Director of Legislation to Senator Robert Taft, Jr., of Ohio.
For those who are surprised that President Trump would designate a Democrat as ITC Chairman, statute determines who may serve in the ITC’s leadership. Under 19 U.S.C. § 1330, the President must designate as chairman of the ITC a commissioner who (i) belongs to a different political party than that of the outgoing chairman and (ii) has at least one year of continuous service as an ITC commissioner as of the date of the designation. Further, section 1330 dictates that the vice chairman’s political party must differ from the chairman’s.
Chairman Kearns replaces outgoing chairman David S. Johanson (Republican), who served as chairman through June 16, 2020, and will remain as a commissioner. Vice Chairman Stayin replaces no one; the ITC did not have a vice chairman during the preceding term.