82 FR 10397 - Global Digital Trade I: Market Opportunities and Key Foreign Trade Restrictions; Institution of Investigation and Scheduling of Hearing

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range		10397-10398
FR Document		2017-02752

Following receipt of a request from the U.S. Trade Representative (USTR) dated January 13, 2017 under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission has instituted investigation no. 332-561, Global Digital Trade I: Market Opportunities and Key Foreign Trade Restrictions, for the purpose of preparing the first of three reports requested by the USTR. The Commission will hold a public hearing in the investigation on April 4, 2017.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)

[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10397-10398]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02752]



[[Page 10397]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-561]


Global Digital Trade I: Market Opportunities and Key Foreign 
Trade Restrictions; Institution of Investigation and Scheduling of 
Hearing

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and scheduling of public hearing.

-----------------------------------------------------------------------

SUMMARY: Following receipt of a request from the U.S. Trade 
Representative (USTR) dated January 13, 2017 under section 332(g) of 
the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International 
Trade Commission has instituted investigation no. 332-561, Global 
Digital Trade I: Market Opportunities and Key Foreign Trade 
Restrictions, for the purpose of preparing the first of three reports 
requested by the USTR. The Commission will hold a public hearing in the 
investigation on April 4, 2017.

DATES: 
    March 21, 2017: Deadline for filing requests to appear at the 
public hearing.
    March 23, 2017: Deadline for filing pre-hearing briefs and 
statements.
    April 4, 2017: Public hearing.
    April 11, 2017: Deadline for filing post-hearing briefs and 
statements.
    April 21, 2017: Deadline for filing all other written submissions 
for the first report.
    August 29, 2017: Transmittal of the first Commission report to the 
USTR.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Project Leader David Coffin (202-205-
2232 or [email protected]) or Deputy Project Leader Jeremy 
Streatfeild (202-205-3349 or [email protected]) for 
information specific to this investigation. For information on the 
legal aspects of these investigations, contact William Gearhart of the 
Commission's Office of the General Counsel (202-205-3091 or 
[email protected]). The media should contact Margaret 
O'Laughlin, Office of External Relations (202-205-1819 or 
[email protected]). Hearing-impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Web site (https://www.usitc.gov). Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2002.
    Background: As requested, the Commission will deliver to the USTR 
three reports relating to digital trade. The first report, titled 
Global Digital Trade I: Market Opportunities and Key Foreign Trade 
Restrictions, will be based on a review of the literature and other 
available information, and will, to the extent practicable:
     Describe the broad landscape and recent developments of 
important business-to-business (B2B) digital technologies used 
primarily by firms (such as cloud-based data processing, storage, 
software applications, as well as communications services and digital 
services related to manufacturing and the Internet of Things);
     Provide an overview of developments in the provision of 
business-to-consumer (B2C) digital products and services used primarily 
by consumers and individuals;
     Provide information on the market for digital products and 
services, both in the United States and in key foreign markets, such as 
the European Union, China, Russia, Brazil, India, and Indonesia, for 
the purpose of assessing U.S. firms' global competitiveness;
     Provide up-to-date information on the rate of adoption of 
digital technologies, domestically and abroad, and document the 
importance of data-flows (domestic and cross-border) to a wide range of 
sectors across the economy; and
     Describe regulatory and policy measures currently in force 
in important markets abroad that may significantly impede digital 
trade. Such measures affecting digital trade might include: FDI and 
other market access restrictions; cross-border data flow limitations 
(data localization requirements, Internet blocking, censorship, 
cultural regulations of digital content, and data privacy protections); 
cybersecurity regulations and limitations on the choice of encryption 
technologies; ISP regulations, including limitations on ISPs intended 
to protect IPR; and rules determining liability for third-party 
content.
    The Commission expects to transmit the first report to the USTR by 
August, 29, 2017.
    The Commission will institute a second investigation at a later 
date for the purpose of preparing the second report. As requested by 
the USTR, the second report will build on the first report to:
     Provide qualitative, and to the extent possible, 
quantitative analysis of measures in key foreign markets (as identified 
in the first report) that affect the ability of U.S. firms to develop 
and/or supply B2B digital products and services abroad; and
     Assess, using case studies or other qualitative and 
quantitative methods, the impact of these measures on the 
competitiveness of U.S. firms engaged in the sale of digital products 
and services, as well as on international trade and investment flows 
associated with digital products and services related to significant 
B2B technologies.
    The Commission will deliver to the USTR its report on the second 
investigation by October 28, 2018. More information regarding the 
second report will be made available when the second investigation is 
instituted.
    The Commission will institute a third investigation at a later date 
for the purpose of preparing the third report. As requested by the 
USTR, the third report will build on the first and second reports to:
     Provide qualitative, and to the extent possible, 
quantitative analysis of measures in key foreign markets (as identified 
in the first report) that affect the ability of U.S. firms to develop 
and/or supply B2C digital products and services abroad; and
     Assess, using case studies or other qualitative and 
quantitative methods, the impact of these measures on the 
competitiveness of U.S. firms engaged in the sale of digital products 
and services, as well as on international trade and investment flows 
associated with digital products and services related to significant 
B2C technologies.
    The Commission will deliver to the USTR its report on the third 
investigation by March 29, 2019.
    Public Hearing: A public hearing in connection with this 
investigation will be held at the U.S. International Trade Commission 
Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on 
April 4, 2017. Requests to appear at the public hearing should be filed 
with the Secretary, no later than 5:15 p.m., March 21, 2017, in 
accordance with the requirements in the ``Submissions'' section below. 
All pre-hearing briefs and statements should be filed not later than 
5:15 p.m., March 28, 2017; and all

[[Page 10398]]

post-hearing briefs and statements responding to matters raised at the 
hearing should be filed not later than 5:15 p.m., April 11, 2017. In 
the event that, as of the close of business on March 21, 2017, no 
witnesses are scheduled to appear at the hearing, the hearing will be 
canceled. Any person interested in attending the hearing as an observer 
or nonparticipant should contact the Office of the Secretary at 202-
205-2000 after March 21, 2017, for information concerning whether the 
hearing will be held.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to submit written 
statements concerning this investigation. All written submissions 
should be addressed to the Secretary, and should be received not later 
than 5:15 p.m., April 21, 2017. All written submissions must conform 
with the provisions of section 201.8 of the Commission's Rules of 
Practice and Procedure (19 CFR 201.8). Section 201.8 and the 
Commission's Handbook on Filing Procedures require that interested 
parties file documents electronically on or before the filing deadline 
and submit eight (8) true paper copies by 12:00 p.m. eastern time on 
the next business day. In the event that confidential treatment of a 
document is requested, interested parties must file, at the same time 
as the eight paper copies, at least four (4) additional true paper 
copies in which the confidential information must be deleted (see the 
following paragraph for further information regarding confidential 
business information or ``CBI''). Persons with questions regarding 
electronic filing should contact the Office of the Secretary, Docket 
Services Division (202-205-1802).
    Confidential Business Information: Any submissions that contain CBI 
must also conform to the requirements of section 201.6 of the 
Commission's Rules of Practice and Procedure (19 CFR 201.6). Section 
201.6 of the rules requires that the cover of the document and the 
individual pages be clearly marked as to whether they are the 
``confidential'' or ``non-confidential'' version, and that the CBI is 
clearly identified by means of brackets. All written submissions, 
except for those containing CBI, will be made available for inspection 
by interested parties.
    In its request letter, the USTR stated that his office intends to 
make the Commission's first report available to the public in its 
entirety, and asked that the Commission not include any CBI or national 
security classified information in the report that it delivers to the 
USTR. All information, including CBI, submitted in this investigation 
may be disclosed to and used: (i) By the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel for cybersecurity purposes. The Commission will not otherwise 
disclose any CBI in a manner that would reveal the operations of the 
firm supplying the information.
    Summaries of Written Submissions: The Commission intends to publish 
summaries of the written submissions filed by interested persons. 
Persons wishing to have a summary of their submission included in the 
report should include a summary with their written submission. The 
summary may not exceed 500 words, should be in MSWord format or a 
format that can be easily converted to MSWord, and should not include 
any CBI. The summary will be published as provided if it meets these 
requirements and is germane to the subject matter of the investigation. 
The Commission will identify the name of the organization furnishing 
the summary and will include a link to the Commission's Electronic 
Document Information System (EDIS) where the full written submission 
can be found.

    By order of the Commission.

    Issued: February 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02752 Filed 2-9-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices 10397

INTERNATIONAL TRADE Office of External Relations (202–205– The Commission expects to transmit
COMMISSION 1819 or margaret.olaughlin@usitc.gov). the first report to the USTR by August,
Hearing-impaired individuals may 29, 2017.
[Investigation No. 332–561] The Commission will institute a
obtain information on this matter by
contacting the Commission’s TDD second investigation at a later date for
Global Digital Trade I: Market
terminal at 202–205–1810. General the purpose of preparing the second
Opportunities and Key Foreign Trade
information concerning the Commission report. As requested by the USTR, the
Restrictions; Institution of
may also be obtained by accessing its second report will build on the first
Investigation and Scheduling of
Web site (https://www.usitc.gov). report to:
Hearing • Provide qualitative, and to the
Persons with mobility impairments who
AGENCY: United States International will need special assistance in gaining extent possible, quantitative analysis of
Trade Commission. access to the Commission should measures in key foreign markets (as
ACTION: Institution of investigation and contact the Office of the Secretary at identified in the first report) that affect
scheduling of public hearing. 202–205–2002. the ability of U.S. firms to develop and/
Background: As requested, the or supply B2B digital products and
SUMMARY: Following receipt of a request Commission will deliver to the USTR services abroad; and
from the U.S. Trade Representative three reports relating to digital trade. • Assess, using case studies or other
(USTR) dated January 13, 2017 under The first report, titled Global Digital qualitative and quantitative methods,
section 332(g) of the Tariff Act of 1930 Trade I: Market Opportunities and Key the impact of these measures on the
(19 U.S.C. 1332(g)), the U.S. Foreign Trade Restrictions, will be competitiveness of U.S. firms engaged
International Trade Commission has based on a review of the literature and in the sale of digital products and
instituted investigation no. 332–561, other available information, and will, to services, as well as on international
Global Digital Trade I: Market the extent practicable: trade and investment flows associated
Opportunities and Key Foreign Trade • Describe the broad landscape and with digital products and services
Restrictions, for the purpose of recent developments of important related to significant B2B technologies.
preparing the first of three reports The Commission will deliver to the
business-to-business (B2B) digital
requested by the USTR. The USTR its report on the second
technologies used primarily by firms
Commission will hold a public hearing investigation by October 28, 2018. More
(such as cloud-based data processing,
in the investigation on April 4, 2017. information regarding the second report
storage, software applications, as well as
DATES: will be made available when the second
communications services and digital
March 21, 2017: Deadline for filing investigation is instituted.
services related to manufacturing and The Commission will institute a third
requests to appear at the public hearing. the Internet of Things); investigation at a later date for the
March 23, 2017: Deadline for filing • Provide an overview of purpose of preparing the third report.
pre-hearing briefs and statements. developments in the provision of
April 4, 2017: Public hearing. As requested by the USTR, the third
business-to-consumer (B2C) digital report will build on the first and second
April 11, 2017: Deadline for filing products and services used primarily by
post-hearing briefs and statements. reports to:
consumers and individuals; • Provide qualitative, and to the
April 21, 2017: Deadline for filing all • Provide information on the market
other written submissions for the first extent possible, quantitative analysis of
for digital products and services, both in measures in key foreign markets (as
report. the United States and in key foreign
August 29, 2017: Transmittal of the identified in the first report) that affect
markets, such as the European Union, the ability of U.S. firms to develop and/
first Commission report to the USTR. China, Russia, Brazil, India, and or supply B2C digital products and
ADDRESSES: All Commission offices, Indonesia, for the purpose of assessing services abroad; and
including the Commission’s hearing U.S. firms’ global competitiveness; • Assess, using case studies or other
rooms, are located in the United States • Provide up-to-date information on qualitative and quantitative methods,
International Trade Commission the rate of adoption of digital the impact of these measures on the
Building, 500 E Street SW., Washington, technologies, domestically and abroad, competitiveness of U.S. firms engaged
DC. All written submissions should be and document the importance of data- in the sale of digital products and
addressed to the Secretary, United flows (domestic and cross-border) to a services, as well as on international
States International Trade Commission, wide range of sectors across the trade and investment flows associated
500 E Street SW., Washington, DC economy; and with digital products and services
20436. The public record for this • Describe regulatory and policy related to significant B2C technologies.
investigation may be viewed on the measures currently in force in important The Commission will deliver to the
Commission’s electronic docket (EDIS) markets abroad that may significantly USTR its report on the third
at https://edis.usitc.gov. impede digital trade. Such measures investigation by March 29, 2019.
FOR FURTHER INFORMATION CONTACT: affecting digital trade might include: Public Hearing: A public hearing in
Project Leader David Coffin (202–205– FDI and other market access restrictions; connection with this investigation will
2232 or david.coffin@usitc.gov) or cross-border data flow limitations (data be held at the U.S. International Trade
Deputy Project Leader Jeremy Streatfeild localization requirements, Internet Commission Building, 500 E Street SW.,
(202–205–3349 or jeremy.streatfeild@ blocking, censorship, cultural Washington, DC, beginning at 9:30 a.m.
usitc.gov) for information specific to this regulations of digital content, and data on April 4, 2017. Requests to appear at
mstockstill on DSK3G9T082PROD with NOTICES

investigation. For information on the privacy protections); cybersecurity the public hearing should be filed with
legal aspects of these investigations, regulations and limitations on the the Secretary, no later than 5:15 p.m.,
contact William Gearhart of the choice of encryption technologies; ISP March 21, 2017, in accordance with the
Commission’s Office of the General regulations, including limitations on requirements in the ‘‘Submissions’’
Counsel (202–205–3091 or ISPs intended to protect IPR; and rules section below. All pre-hearing briefs
william.gearhart@usitc.gov). The media determining liability for third-party and statements should be filed not later
should contact Margaret O’Laughlin, content. than 5:15 p.m., March 28, 2017; and all

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Institution of investigation and scheduling of public hearing.
Dates		March 21, 2017: Deadline for filing requests to appear at the public hearing.
Contact		Project Leader David Coffin (202-205- 2232 or [email protected]) or Deputy Project Leader Jeremy Streatfeild (202-205-3349 or [email protected]) for information specific to this investigation. For information on the legal aspects of these investigations, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or [email protected]). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or [email protected]). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Web site (https://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2002.
FR Citation		82 FR 10397