Notice2023-19521
Request for Comments on Significant Foreign Trade Barriers for the 2024 National Trade Estimate Report
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 11, 2023
Issuing agencies
Trade Representative, Office of United States
Abstract
The Office of the United States Trade Representative (USTR), through the Trade Policy Staff Committee (TPSC), publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report) each year. USTR invites comments to assist it and the TPSC in identifying significant foreign barriers to, or distortions of, U.S. exports of goods and services, U.S. foreign direct investment, and U.S. electronic commerce for inclusion in the NTE Report. USTR also will consider responses to this notice as part of the annual review of the operation and effectiveness of all U.S. trade agreements regarding telecommunications products and services that are in force with respect to the United States.
Full Text
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<title>Federal Register, Volume 88 Issue 174 (Monday, September 11, 2023)</title>
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[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62421-62423]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19521]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2023-0010]
Request for Comments on Significant Foreign Trade Barriers for
the 2024 National Trade Estimate Report
AGENCY: Office of the United States Trade Representative.
ACTION: Notice and request for comments.
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SUMMARY: The Office of the United States Trade Representative (USTR),
through the Trade Policy Staff Committee (TPSC), publishes the National
Trade Estimate Report on Foreign Trade Barriers (NTE Report) each year.
USTR invites comments to assist it and the TPSC in identifying
significant foreign barriers to, or distortions of, U.S. exports of
goods and services, U.S. foreign direct investment, and U.S. electronic
commerce for inclusion in the NTE Report. USTR also will consider
responses to this notice as part of the annual review of the operation
and effectiveness of all U.S. trade agreements regarding
telecommunications products and services that are in force with respect
to the United States.
DATES: October 23, 2023 at 11:59 p.m. ET: Deadline for submission of
comments.
ADDRESSES: USTR strongly prefers electronic submissions made through
the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>
(<a href="http://Regulations.gov">Regulations.gov</a>). The instructions for submitting comments are in
sections IV and V below. The docket number is USTR-2023-0010. For
alternatives to online submissions, please contact Laura Buffo, Chair
of the Trade Policy Staff Committee, at
<a href="/cdn-cgi/l/email-protection#97d1f8e5f2fef0f9c3e5f6f3f2d5f6e5e5fef2e5e4c5f2e7f8e5e3d7e2e4e3e5b9f2f8e7b9f0f8e1"><span class="__cf_email__" data-cfemail="d690b9a4b3bfb1b882a4b7b2b394b7a4a4bfb3a4a584b3a6b9a4a296a3a5a2a4f8b3b9a6f8b1b9a0">[email protected]</span></a> or (202) 395-3475 in advance of
the deadline.
FOR FURTHER INFORMATION CONTACT: Laura Buffo, Chair of the Trade Policy
Staff Committee, at <a href="/cdn-cgi/l/email-protection#2d6b425f48444a43795f4c49486f4c5f5f44485f5e7f485d425f596d585e595f0348425d034a425b"><span class="__cf_email__" data-cfemail="1c5a736e79757b72486e7d78795e7d6e6e75796e6f4e796c736e685c696f686e3279736c327b736a">[email protected]</span></a> or (202)
395-3475.
SUPPLEMENTARY INFORMATION:
I. Background
Section 181 of the Trade Act of 1974, as amended (19 U.S.C. 2241),
requires USTR annually to publish the NTE Report, which sets out an
inventory of significant foreign barriers to, or distortions of, U.S.
exports of goods and services, including agricultural commodities and
U.S. intellectual property; foreign direct investment by U.S. persons,
especially if such investment has implications for trade in goods or
services; and U.S. electronic commerce. The inventory facilitates U.S.
negotiations aimed at reducing or eliminating these barriers and is a
valuable tool in enforcing U.S. trade laws and agreements and
strengthening the rules-based trading system. You can find the 2023 NTE
Report on USTR's website at <a href="https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf">https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf</a>. To ensure compliance with the statutory
mandate for the NTE Report and the Administration's commitment to focus
on significant foreign trade barriers, USTR will take into account
comments in response to this notice when deciding which significant
barriers to include in the NTE Report.
II. Topics on Which the TPSC Seeks Information
To assist USTR in preparing the NTE Report, commenters should
submit information related to one or more of the following categories
of foreign trade barriers:
1. Import policies. Examples include tariffs and other import
charges; quantitative restrictions; import licensing; customs barriers,
pre-shipment inspection, and trade facilitation or customs valuation
practices; and, other market access barriers.
2. Technical barriers to trade. Examples include unnecessarily
trade restrictive or discriminatory standards, conformity assessment
procedures, or technical regulations, including unnecessary or
discriminatory technical regulations or standards for
telecommunications products.
3. Sanitary and phytosanitary measures. Examples include measures
relating to food safety, or animal and plant life or health that are
unnecessarily trade restrictive, discriminatory, or not based on
scientific evidence.
4. Government procurement. Examples include closed bidding and
bidding processes that lack transparency.
5. Intellectual property protection. Examples include inadequate
patent, copyright, and trademark regimes; trade secret theft; and,
inadequate enforcement of intellectual property rights.
6. Services. Examples include prohibitions or restrictions on
foreign participation in the market, discriminatory licensing
requirements or standards, local-presence requirements, and
unreasonable restrictions on what services may be offered.
7. Digital trade. Examples include restrictions on the supply of
internet-enabled services, and other restrictive technology
requirements.
8. Investment. Examples include limitations on foreign equity
participation and on access to foreign government-funded research and
development programs, technology transfer requirements and export
performance requirements, and restrictions on repatriation of earnings,
capital, fees and royalties.
9. Subsidies. Examples include subsidies contingent upon export
performance, and agricultural export subsidies that displace U.S.
exports in third country markets.
10. Competition. Examples include government-tolerated
anticompetitive conduct that restricts the sale or purchase of U.S.
goods or services in the foreign country's markets.
11. State-owned enterprises. Examples include actions by state-
owned enterprises (SOEs) and by governments with respect to SOEs
involved in the manufacture or production of non-agricultural goods or
in the supply of services that constitute significant barriers to, or
distortions of, U.S. exports of goods and services, U.S. investments,
or U.S. electronic commerce, which may negatively affect U.S. firms and
workers. These actions include subsidies and non-commercial advantages
provided to and from SOEs; and practices with respect to SOEs that
discriminate against U.S. goods or services, or actions by SOEs that
are inconsistent with commercial considerations in the purchase and
sale of goods and services.
12. Labor. Examples include concerns with failures by a government
to protect internationally recognized worker rights or to eliminate
discrimination in respect of employment or occupation, in cases where
these failures influence trade flows or investment decisions in ways
that constitute significant barriers to, or distortions of, U.S.
exports of goods and services, U.S. investment, or U.S. electronic
commerce, which may negatively affect U.S. firms and workers.
Internationally recognized worker rights include: the right of
association; the
[[Page 62422]]
right to organize and bargain collectively; a prohibition on the use of
any form of forced or compulsory labor; a minimum age for the
employment of children, and a prohibition on the worst forms of child
labor; and, acceptable conditions of work with respect to minimum
wages, hours of work, and occupational safety and health.
13. Environment. Examples include concerns with a government's
levels of environmental protection, unsustainable stewardship of
natural resources, and harmful environmental practices that constitute
significant barriers to, or distortions of, U.S. exports of goods and
services, U.S. investment, or U.S. electronic commerce, which may
negatively affect U.S. firms or workers.
14. Other barriers. Examples include significant barriers or
distortions that are not covered in any other category above or that
encompass more than one category, such as bribery and corruption, or
that affect a single sector.
Please provide, if available, the titles of relevant laws or
measures and a description of the concerns with which the laws or
measures relate to the significant foreign barriers or distortions
identified. Commenters should place particular emphasis on any
practices that may violate U.S. trade agreements. USTR also is
interested in receiving new or updated information pertinent to the
barriers covered in the 2023 NTE Report as well as information on new
barriers. If USTR does not include in the 2024 NTE Report information
that it receives pursuant to this notice, it will maintain the
information for potential use in future discussions or negotiations
with trading partners.
Commenters should submit information related to one or more of the
following export markets to be covered in the report: Algeria, Angola,
the Arab League, Argentina, Australia, Bahrain, Bangladesh, Bolivia,
Brazil, Brunei, Cambodia, Canada, Chile, China, Colombia, Costa Rica,
Cote d'Ivoire, Dominican Republic, Ecuador, Egypt, El Salvador,
Ethiopia, the European Union, Ghana, Guatemala, Honduras, Hong Kong,
India, Indonesia, Israel, Japan, Jordan, Kenya, Korea, Kuwait, Laos,
Malaysia, Mexico, Morocco, New Zealand, Nicaragua, Nigeria, Norway,
Oman, Pakistan, Panama, Paraguay, Peru, the Philippines, Qatar, Russia,
Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand,
Tunisia, Turkey, Ukraine, the United Arab Emirates, the United Kingdom,
Uruguay, and Vietnam. Commenters may submit information related to
significant barriers or distortions in export markets other than those
listed in this paragraph.
In addition, section 1377 of the Omnibus Trade and Competitiveness
Act of 1988 (19 U.S.C. 3106) (section 1377) requires USTR annually to
review the operation and effectiveness of U.S. telecommunications trade
agreements that are in force with respect to the United States. The
purpose of the review is to determine whether any foreign government
that is a party to one of those agreements is failing to comply with
that government's obligations or is otherwise denying, within the
context of a relevant agreement, ``mutually advantageous market
opportunities'' to U.S. telecommunication products or services
suppliers. USTR will consider responses to this notice in the review
called for in section 1377 and highlight both ongoing and emerging
barriers to U.S. telecommunication services and goods exports in the
2024 NTE Report.
III. Estimate of Increase in Exports
To the extent possible, each comment should include an estimate of
the potential increase in exports of goods or services of the United
States, U.S. foreign direct investment, or U.S. electronic commerce
that would result from removing any significant foreign trade barrier
the comment identifies, as well as a description of the methodology the
commenter used to derive the estimate. Commenters should express
estimates within the following value ranges: less than $25 million; $25
million to $100 million; $100 million to $500 million; and over $500
million.
IV. Requirements for Submissions
To be assured of consideration, submit your written comments by the
October 23, 2023 11:59 p.m. ET deadline. All submissions must be in
English. USTR strongly encourages submissions via <a href="http://Regulations.gov">Regulations.gov</a>.
To submit via <a href="http://Regulations.gov">Regulations.gov</a>, use Docket Number USTR-2023-0010 in
the `search for' field on the home page and click `search.' The site
will provide a search-results page listing all documents associated
with this docket. Find a reference to this notice by selecting `notice'
under `document type' in the `refine documents results' section on the
left side of the screen and click on the link entitled `comment.'
<a href="http://Regulations.gov">Regulations.gov</a> allows users to make submissions by filling in a `type
comment' field, or by attaching a document using the `upload file'
field. USTR prefers that you provide submissions in an attached
document and note see attached comments with respect to (name of
country) in the `comment' field on the online submission form. The
first page of the submission must identify `Comments Regarding Foreign
Trade Barriers to U.S. Exports for 2023 Reporting--[name of country or
countries discussed].' Commenters providing information on foreign
trade barriers in more than one country should provide a separate
attachment for each country as part of the same submission. USTR
strongly encourages commenters to provide only one submission. USTR
prefers submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf).
If you use an application other than those two, please indicate the
name of the application in the `type comment' field.
You will receive a tracking number upon completion of the
submission procedure at <a href="http://Regulations.gov">Regulations.gov</a>. The tracking number is
confirmation that <a href="http://Regulations.gov">Regulations.gov</a> received your submission. Keep the
confirmation for your records. USTR is not able to provide technical
assistance for <a href="http://Regulations.gov">Regulations.gov</a>.
For further information on using <a href="http://Regulations.gov">Regulations.gov</a>, please consult
the resources provided on the website by clicking on `How to Use
<a href="http://Regulations.gov">Regulations.gov</a>' on the bottom of the home page. USTR may not consider
submissions that you do not make in accordance with these instructions.
If you are unable to provide submissions as requested, please
contact Laura Buffo, Chair of the Trade Policy Staff Committee, in
advance of the deadline at <a href="/cdn-cgi/l/email-protection#75331a07101c121b2107141110371407071c1007062710051a070135000601075b101a055b121a03"><span class="__cf_email__" data-cfemail="66200914030f01083214070203240714140f03141534031609141226131512144803091648010910">[email protected]</span></a> or
(202) 395-3475 to arrange for an alternative method of transmission.
USTR will not accept hand-delivered submissions.
General information concerning USTR is available at <a href="https://www.ustr.gov">https://www.ustr.gov</a>.
V. Business Confidential Information (BCI) Submissions
If you ask USTR to treat information you submit as BCI, you must
certify that the information is business confidential and you would not
customarily release it to the public. For any comments submitted
electronically containing BCI, the file name of the business
confidential version should begin with the characters `BCI.' You must
clearly mark any page containing BCI with `BUSINESS CONFIDENTIAL' on
the top of that page. Filers of submissions containing BCI also must
submit a public version that will be placed in the docket for public
inspection. The file name of the public version should begin with the
character `P.' Follow the `BCI' and `P' with the name of the person or
entity submitting the comments.
[[Page 62423]]
VI. Public Viewing of Review Submissions
USTR will post written submissions in the docket for public
inspection, except properly designated BCI. You can view comments on
<a href="http://Regulations.gov">Regulations.gov</a> by entering Docket Number USTR-2023-0010 in the search
field on the home page.
Laura Buffo,
Chair of the Trade Policy Staff Committee, Office of the United States
Trade Representative.
[FR Doc. 2023-19521 Filed 9-8-23; 8:45 am]
BILLING CODE 3390-F3-P
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