82 FR 36069 - Request for Comments To Compile the National Trade Estimate Report on Foreign Trade Barriers

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range		36069-36070
FR Document		2017-16195

Section 181 of the Trade Act of 1974, as amended, requires the Office of the United States Trade Representative (USTR) annually to publish the National Trade Estimate Report on Foreign Trade Barriers (NTE). The Trade Policy Staff Committee (TPSC) is asking interested persons to submit written comments to assist the TPSC in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE. Section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (Section 1377) requires USTR annually to review 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. USTR will consider written comments in response to this notice regarding the trade barriers pertinent to the conduct of the review called for in Section 1377.

Federal Register, Volume 82 Issue 147 (Wednesday, August 2, 2017)

[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 36069-36070]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-16195]

[[Page 36069]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2017-0013]

Request for Comments To Compile the National Trade Estimate
Report on Foreign Trade Barriers

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: Section 181 of the Trade Act of 1974, as amended, requires the
Office of the United States Trade Representative (USTR) annually to
publish the National Trade Estimate Report on Foreign Trade Barriers
(NTE). The Trade Policy Staff Committee (TPSC) is asking interested
persons to submit written comments to assist the TPSC in identifying
significant barriers to U.S. exports of goods, services, and U.S.
foreign direct investment for inclusion in the NTE.
Section 1377 of the Omnibus Trade and Competitiveness Act of 1988
(Section 1377) requires USTR annually to review 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. USTR will consider written comments in response to this notice
regarding the trade barriers pertinent to the conduct of the review
called for in Section 1377.

DATES: We must receive all written comments no later than 11:59 p.m.,
October 25, 2017.

ADDRESSES: We strongly prefer electronic submissions made through the
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments in section 4 below. The docket
number is USTR-2017-0013. For alternatives to on-line submissions,
please contact Yvonne Jamison, Trade Policy Staff Committee, at (202)
395-3475.

FOR FURTHER INFORMATION CONTACT: Direct questions to Yvonne Jamison at
(202) 395-3475.

SUPPLEMENTARY INFORMATION:

1. Background

The NTE sets out an inventory of the most important foreign
barriers affecting U.S. exports of goods and services, U.S. foreign
direct investment, and protection of intellectual property rights. The
inventory facilitates U.S. negotiations aimed at reducing or
eliminating these barriers. The report also provides a valuable tool in
enforcing U.S. trade laws and strengthening the rules-based trading
system. You can find the 2017 NTE Report on USTR's Web site at http://www.ustr.gov under the tab ``Reports''. To ensure compliance with the
NTE's statutory mandate and the Trump Administration's commitment to
focus on the most significant foreign trade barriers, USTR will be
guided by the existence of active private sector interest in deciding
which restrictions to include in the NTE.

2. Topics on Which the TPSC Seeks Information

To assist USTR in preparing the NTE, commenters should submit
information related to one or more of the following categories of
foreign trade barriers:
1. Import policies (e.g., tariffs and other import charges,
quantitative restrictions, import licensing, and customs barriers).
2. Government procurement restrictions (e.g., ``buy national
policies'' and closed bidding).
3. Export subsidies (e.g., export financing on preferential terms,
subsidies provided to equipment manufacturers contingent on export and
agricultural export subsidies that displace U.S. exports in third
country markets).
4. Lack of intellectual property protection (e.g., inadequate
patent, copyright, and trademark regimes).
5. Services barriers (e.g., limits on the range of financial
services offered by foreign financial institutions, regulation of
international data flows, restrictions on the use of data processing,
quotas on imports of foreign films, unnecessary or discriminatory
technical regulations or standards for telecommunications services, and
barriers to the provision of services by professionals).
6. Investment barriers (e.g., limitations on foreign equity
participation and on access to foreign government-funded R&D consortia,
local content, technology transfer and export performance requirements,
and restrictions on repatriation of earnings, capital, fees, and
royalties).
7. Government-tolerated anticompetitive conduct of state-owned or
private firms that restrict the sale or purchase of U.S. goods or
services in the foreign country's markets.
8. Trade restrictions affecting electronic commerce (e.g., tariff
and non-tariff measures, burdensome and discriminatory regulations and
standards, and discriminatory taxation).
9. Trade restrictions implemented through unwarranted sanitary and
phytosanitary measures, including unwarranted measures justified for
purposes of protecting food safety, and animal and plant life or
health.
10. Trade restrictions implemented through unwarranted standards,
conformity assessment procedures, or technical regulations (Technical
Barriers to Trade) that may have as their objective protecting national
security requirements, preventing deceptive practices, or protecting
human health or safety, animal or plant life or health, or the
environment, but that can be formulated or implemented in ways that
create significant barriers to trade (including unnecessary or
discriminatory technical regulations or standards for
telecommunications products).
11. Other barriers (e.g., barriers that encompass more than one
category, such as bribery and corruption, or that affect a single
sector).
In addition, Section 1377 (19 U.S.C. 3106) requires USTR annually
to review 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. The purpose of the review is to
determine whether any act, policy, or practice of a country that has
entered into a trade agreement or other telecommunications trade
agreement with the United States is inconsistent with the terms of such
agreement or otherwise denies U.S. firms, within the context of the
terms of such agreements, mutually advantageous market opportunities
for telecommunications products and services.
We invite commenters to identify those barriers covered in
submissions that may operate as ``localization barriers to trade.''
Localization barriers are measures designed to protect, favor, or
stimulate domestic industries, services providers, and/or intellectual
property at the expense of goods, services, or intellectual property
from other countries, including the provision of subsidies linked to
local production. For more information on localization barriers, please
go to http://www.ustr.gov/trade-topics/localization-barriers.
Commenters should place particular emphasis on any practices that
may violate U.S. trade agreements. The TPSC also is interested in
receiving new or updated information pertinent to the barriers covered
in the 2017 NTE as well as information on new barriers. If USTR does
not include in the NTE information that it receives pursuant to this
notice, it will maintain the information for potential use in future
discussions or negotiations with trading partners.

3. Estimate of Increase in Exports

Each comment should include an estimate of the potential increase
in U.S.

[[Page 36070]]

exports that would result from removing any 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 $5 million; $5
to $25 million; $25 million to $50 million; $50 million to $100
million; $100 million to $500 million; or over $500 million. These
estimates will help USTR conduct comparative analyses of a barrier's
effect over a range of industries.

4. Requirements for Submissions

In order to be assured of consideration, we must receive your
written comments in English by 11:59 p.m. on October 25, 2017. USTR
strongly encourages commenters to make on-line submissions, using the
www.regulations.gov Web site. On the first page of the submission,
please identify it as ``Comments Regarding Foreign Trade Barriers to
U.S. Exports for 2018 Reporting.'' Commenters providing information on
foreign trade barriers in more than one country should, whenever
possible, provide a separate submission for each country.
To submit comments via www.regulations.gov, enter docket number
USTR-2017-0013 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 and click on the link
entitled ``Comment Now!'' For further information on using the
www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on ``How to Use Regulations.gov'' on the
bottom of the home page. We will not accept hand-delivered submissions.
The www.regulations.gov Web site allows users to submit comments by
filling in a ``Type Comment'' field or by attaching a document using an
``Upload File'' field. USTR prefers that you submit comments in an
attached document. If you attach a document, please identify the name
of the country to which the submission pertains in the ``Type Comment''
field. For example--``See attached comments with respect to (name of
country).'' 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.
For any comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC''. Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. Filers of submissions
containing business confidential information also must submit a public
version of their comments that we will place in the docket for public
inspection. The file name of the public version should begin with the
character ``P''. The ``BC'' and ``P'' should be followed by the name of
the person or entity submitting the comments. Filers submitting
comments containing no business confidential information should name
their file using the name of the person or entity submitting the
comments.
Please do not attach separate cover letters to electronic
submissions; rather, include any information that might appear in a
cover letter in the comments themselves. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the submission itself, not as separate files.
As noted, USTR strongly urges submitters to file comments through
www.regulations.gov. You must make any alternative arrangements with
Yvonne Jamison in advance of transmitting a comment. You can contact
Ms. Jamison at (202) 395-3475. General information concerning USTR is
available at www.ustr.gov.
We will post comments in the docket for public inspection, except
business confidential information. You can view comments on the
www.regulations.gov Web site by entering the relevant docket number in
the search field on the home page.

Edward Gresser,
Chair, Trade Policy Staff Committee, Office of the United States Trade
Representative.
[FR Doc. 2017-16195 Filed 8-1-17; 8:45 am]
BILLING CODE 3290-F7-P

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices 36069

OFFICE OF THE UNITED STATES system. You can find the 2017 NTE 10. Trade restrictions implemented
TRADE REPRESENTATIVE Report on USTR’s Web site at http:// through unwarranted standards,
www.ustr.gov under the tab ‘‘Reports’’. conformity assessment procedures, or
[Docket Number USTR–2017–0013]
To ensure compliance with the NTE’s technical regulations (Technical Barriers
Request for Comments To Compile the statutory mandate and the Trump to Trade) that may have as their
National Trade Estimate Report on Administration’s commitment to focus objective protecting national security
Foreign Trade Barriers on the most significant foreign trade requirements, preventing deceptive
barriers, USTR will be guided by the practices, or protecting human health or
AGENCY: Office of the United States existence of active private sector interest safety, animal or plant life or health, or
Trade Representative. in deciding which restrictions to the environment, but that can be
ACTION: Notice. include in the NTE. formulated or implemented in ways that
create significant barriers to trade
SUMMARY: Section 181 of the Trade Act 2. Topics on Which the TPSC Seeks (including unnecessary or
of 1974, as amended, requires the Office Information discriminatory technical regulations or
of the United States Trade To assist USTR in preparing the NTE, standards for telecommunications
Representative (USTR) annually to commenters should submit information products).
publish the National Trade Estimate related to one or more of the following 11. Other barriers (e.g., barriers that
Report on Foreign Trade Barriers (NTE). categories of foreign trade barriers: encompass more than one category,
The Trade Policy Staff Committee 1. Import policies (e.g., tariffs and such as bribery and corruption, or that
(TPSC) is asking interested persons to other import charges, quantitative affect a single sector).
submit written comments to assist the restrictions, import licensing, and In addition, Section 1377 (19 U.S.C.
TPSC in identifying significant barriers customs barriers). 3106) requires USTR annually to review
to U.S. exports of goods, services, and 2. Government procurement the operation and effectiveness of all
U.S. foreign direct investment for restrictions (e.g., ‘‘buy national policies’’ U.S. trade agreements regarding
inclusion in the NTE. and closed bidding). telecommunications products and
Section 1377 of the Omnibus Trade 3. Export subsidies (e.g., export services that are in force with respect to
and Competitiveness Act of 1988 financing on preferential terms, the United States. The purpose of the
(Section 1377) requires USTR annually subsidies provided to equipment review is to determine whether any act,
to review the operation and manufacturers contingent on export and policy, or practice of a country that has
effectiveness of all U.S. trade agricultural export subsidies that entered into a trade agreement or other
agreements regarding displace U.S. exports in third country telecommunications trade agreement
telecommunications products and markets). with the United States is inconsistent
services that are in force with respect to 4. Lack of intellectual property with the terms of such agreement or
the United States. USTR will consider protection (e.g., inadequate patent, otherwise denies U.S. firms, within the
written comments in response to this copyright, and trademark regimes). context of the terms of such agreements,
notice regarding the trade barriers 5. Services barriers (e.g., limits on the mutually advantageous market
pertinent to the conduct of the review range of financial services offered by opportunities for telecommunications
called for in Section 1377. foreign financial institutions, regulation products and services.
DATES: We must receive all written
of international data flows, restrictions We invite commenters to identify
comments no later than 11:59 p.m., on the use of data processing, quotas on those barriers covered in submissions
October 25, 2017. imports of foreign films, unnecessary or that may operate as ‘‘localization
discriminatory technical regulations or barriers to trade.’’ Localization barriers
ADDRESSES: We strongly prefer
standards for telecommunications are measures designed to protect, favor,
electronic submissions made through or stimulate domestic industries,
services, and barriers to the provision of
the Federal eRulemaking Portal: http:// services providers, and/or intellectual
services by professionals).
www.regulations.gov. Follow the 6. Investment barriers (e.g., property at the expense of goods,
instructions for submitting comments in limitations on foreign equity services, or intellectual property from
section 4 below. The docket number is participation and on access to foreign other countries, including the provision
USTR–2017–0013. For alternatives to government-funded R&D consortia, local of subsidies linked to local production.
on-line submissions, please contact content, technology transfer and export For more information on localization
Yvonne Jamison, Trade Policy Staff performance requirements, and barriers, please go to http://
Committee, at (202) 395–3475. restrictions on repatriation of earnings, www.ustr.gov/trade-topics/localization-
FOR FURTHER INFORMATION CONTACT: capital, fees, and royalties). barriers.
Direct questions to Yvonne Jamison at 7. Government-tolerated Commenters should place particular
(202) 395–3475. anticompetitive conduct of state-owned emphasis on any practices that may
SUPPLEMENTARY INFORMATION: or private firms that restrict the sale or violate U.S. trade agreements. The TPSC
purchase of U.S. goods or services in the also is interested in receiving new or
1. Background
foreign country’s markets. updated information pertinent to the
The NTE sets out an inventory of the 8. Trade restrictions affecting barriers covered in the 2017 NTE as well
most important foreign barriers affecting electronic commerce (e.g., tariff and as information on new barriers. If USTR
U.S. exports of goods and services, U.S. non-tariff measures, burdensome and does not include in the NTE information
foreign direct investment, and
sradovich on DSKBCFCHB2PROD with NOTICES

discriminatory regulations and that it receives pursuant to this notice,
protection of intellectual property standards, and discriminatory taxation). it will maintain the information for
rights. The inventory facilitates U.S. 9. Trade restrictions implemented potential use in future discussions or
negotiations aimed at reducing or through unwarranted sanitary and negotiations with trading partners.
eliminating these barriers. The report phytosanitary measures, including
also provides a valuable tool in unwarranted measures justified for 3. Estimate of Increase in Exports
enforcing U.S. trade laws and purposes of protecting food safety, and Each comment should include an
strengthening the rules-based trading animal and plant life or health. estimate of the potential increase in U.S.

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Document Created: 2017-08-02 07:09:39
Document Modified: 2017-08-02 07:09:39

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		Notice.
Dates		We must receive all written comments no later than 11:59 p.m., October 25, 2017.
Contact		Direct questions to Yvonne Jamison at (202) 395-3475.
FR Citation		82 FR 36069