83 FR 42966 - Request for Comments To Compile the National Trade Estimate Report on Foreign Trade Barriers

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 165 (August 24, 2018)

Page Range		42966-42968
FR Document		2018-18287

The Office of the United States Trade Representative (USTR) publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report) each year. The Trade Policy Staff Committee (TPSC) invites interested persons to submit written comments to assist the TPSC in identifying significant barriers to U.S. exports of goods and services, U.S. foreign direct investment, and the protection and enforcement of intellectual property rights 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.

Federal Register, Volume 83 Issue 165 (Friday, August 24, 2018)

[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Notices]
[Pages 42966-42968]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-18287]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0029]

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: The Office of the United States Trade Representative (USTR)
publishes the National Trade Estimate Report on Foreign Trade Barriers
(NTE Report) each year. The Trade Policy Staff Committee (TPSC) invites
interested persons to submit written comments to assist the TPSC in
identifying significant barriers to U.S. exports of goods and services,
U.S. foreign direct investment, and the protection and enforcement of
intellectual property rights 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: We must receive all written comments no later than 11:59 p.m. on
October 30, 2018.

ADDRESSES: USTR strongly prefers electronic submissions made through

[[Page 42967]]

the Federal eRulemaking Portal: http://www.regulations.gov. The
instructions for submitting comments are in section 4 below. The docket
number is USTR-2018-0029. For alternatives to on-line submissions,
contact Yvonne Jamison at (202) 395-3475 before transmitting a comment
and in advance of the relevant deadline.

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

SUPPLEMENTARY INFORMATION:

1. 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 the most significant foreign barriers affecting U.S.
exports of goods and services, U.S. foreign direct investment, and the
protection and enforcement of intellectual property rights. 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 strengthening the rules-based trading system. You can
find the 2018 NTE Report on USTR's website at http://www.ustr.gov under
the tab `Reports'. To ensure compliance with the statutory mandate for
the NTE Report and the Administration's commitment to focus on the most
significant foreign trade barriers, USTR will be guided by the
existence of active interest in deciding which restrictions to include
in the NTE Report.

2. 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 (e.g., tariffs and other import charges,
quantitative restrictions, import licensing, customs barriers, and
other market access barriers).
2. 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).
3. Trade restrictions implemented through unwarranted sanitary and
phytosanitary (SPS) measures that the country claims to impose for
purposes of protecting human, animal, and plant life or health (e.g.,
SPS measures not based on scientific evidence).
4. Subsidies, including 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) and local content subsidies
(e.g., subsidies contingent on the purchase or use of domestic rather
than imported goods).
5. Government procurement restrictions (e.g., ``buy national
policies'' and closed bidding).
6. Lack of intellectual property protection and enforcement (e.g.,
inadequate patent, copyright, and trademark regimes).
7. Barriers to trade in services (e.g., prohibitions or
restrictions on foreign participation in the market, discriminatory
licensing requirements or regulatory standards, local-presence
requirements, and unreasonable restrictions on what services may be
offered).
8. Barriers to digital trade (e.g., barriers to cross-border data
flows including data localization requirements, discriminatory
practices affecting trade in digital products, restrictions on the
provision of internet-enabled services, and other restrictive
technology requirements).
9. Investment barriers (e.g., limitations on foreign equity
participation and on access to foreign government-funded research and
development programs, local content requirements, technology transfer
requirements and export performance requirements, and restrictions on
repatriation of earnings, capital, fees, and royalties).
10. 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.
11. Other barriers (e.g., barriers that encompass more than one
category, such as bribery and corruption, or that affect a single
sector).

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, Burma, 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, Kazakhstan, 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, Sri
Lanka, Switzerland, Taiwan, Thailand, Tunisia, Turkey, United Arab
Emirates, Ukraine, and Vietnam.
In addition, Section 1377 of the Omnibus Trade and Competitiveness
Act of 1988 (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 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. USTR will consider responses
to this notice in the review called for in Section 1377.
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
2018 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. exports that would result from removing any foreign trade
barrier the comment identifies, as well as a description of the

[[Page 42968]]

methodology the commenter used to derive the estimate. Commenters
should express estimates within the following value ranges: less than
$5 million; $5 million 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 30, 2018. USTR
strongly encourages commenters to make on-line submissions, using
www.regulations.gov. On the first page, please identify the submission
as ``Comments Regarding Foreign Trade Barriers to U.S. Exports for 2019
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-2018-0029 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 website, please consult the resources provided on
the website by clicking on ``How to Use Regulations.gov'' on the bottom
of the home page. USTR will not accept hand-delivered submissions.
The www.regulations.gov website 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.
Filers submitting comments containing no business confidential
information should name their file using the name of the person or
entity submitting the comments. 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.
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 that you file submissions through
www.regulations.gov. You must make any alternative arrangements with
Yvonne Jamison at (202) 395-3475 before transmitting a comment and in
advance of the relevant deadline.
USTR will post comments in the docket for public inspection, except
business confidential information. You can view comments on the https://www.regulations.gov website by entering docket number USTR-2018-0029
in the search field on the home page. General information concerning
USTR is available at www.ustr.gov.

Edward Gresser,
Chair of the Trade Policy Staff Committee, Office of the United States
Trade Representative.
[FR Doc. 2018-18287 Filed 8-23-18; 8:45 am]
BILLING CODE 3290-F8-P

42966 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices

If the verified notice contains false or Decatur, Ill., on IC’s Peoria Subdivision, automatically stay the effectiveness of
misleading information, the exemption a total distance of approximately 3.6 the exemption. Petitions to stay must be
is void ab initio. Petitions to revoke the miles. filed no later than August 31, 2018 (at
exemption under 49 U.S.C. 10502(d) This transaction is related to a least seven days before the exemption
may be filed at any time. The filing of concurrently filed verified notice of becomes effective).
a petition to revoke will not exemption in Watco Holdings, Inc.— An original and 10 copies of all
automatically stay the effectiveness of Continuance in Control Exemption— pleadings, referring to Docket No. FD
the exemption. Petitions to stay must be Decatur & Eastern Illinois Railroad, 36206, must be filed with the Surface
filed by August 31, 2018 (at least seven Docket No. FD 36209, in which Watco Transportation Board, 395 E Street SW,
days before the exemption becomes Holdings, Inc., seeks Board approval to Washington, DC 20423–0001. In
effective). continue in control of DEIR upon DEIR’s addition, a copy must be served on Karl
An original and 10 copies of all becoming a Class III rail carrier. Morell, Karl Morell & Associates, Suite
pleadings, referring to Docket No. FD The verified notice states that DEIR 440, 440 1st Street NW, Washington, DC
36209, must be filed with the Surface and CSXT will enter into a Purchase 20001.
Transportation Board, 395 E Street SW, and Sale Agreement and a Freight According to DEIR, this action is
Washington, DC 20423–0001. In Operating Agreement prior to closing, categorically excluded from
addition, one copy of each pleading and that DEIR will be the operator of the environmental review under 49 CFR
must be served on Karl Morell, Karl acquired rail lines. As required by 49 1105.6(c).
Morell & Associates, Suite 440, 440 1st CFR 1150.33(h), DEIR has disclosed in Board decisions and notices are
Street NW, Washington, DC 20001. its verified notice that the Freight available on our website at www.stb.gov.
Board decisions and notices are Operating Agreement contains an Decided: August 17, 2018.
available on our website at www.stb.gov. interchange commitment that would By the Board.
Decided: August 17, 2018. require DEIR to pay additional Scott M. Zimmerman,
By the Board. compensation to CSXT if DEIR Acting Director, Office of Proceedings.
Scott M. Zimmerman,
interchanges traffic with a third-party Aretha Laws-Byrum,
rail carrier and that the affected
Acting Director, Office of Proceedings. Clearance Clerk.
interchange points are Decatur, Metcalf,
Aretha Laws-Byrum, and Tuscola, Ill. DEIR has provided [FR Doc. 2018–18119 Filed 8–23–18; 8:45 am]
Clearance Clerk. additional information pertaining to the BILLING CODE 4915–01–P
[FR Doc. 2018–18125 Filed 8–23–18; 8:45 am] interchange commitment as required by
BILLING CODE 4915–01–P § 1150.33(h).1
DEIR certifies that its projected OFFICE OF THE UNITED STATES
annual revenues resulting from the TRADE REPRESENTATIVE
SURFACE TRANSPORTATION BOARD transaction will not exceed those that [Docket Number USTR–2018–0029]
[Docket No. FD 36206] would qualify it as a Class III rail
carrier. However, DEIR states that its Request for Comments To Compile the
Decatur & Eastern Illinois Railroad, projected annual revenues will exceed National Trade Estimate Report on
L.L.C.—Acquisition Exemption $5 million. Accordingly, in compliance Foreign Trade Barriers
Containing Interchange Commitment— with 49 CFR 1150.32(e), on July 6, 2018,
CSX Transportation, Inc. AGENCY: Office of the United States
DEIR posted the required 60-day labor
Trade Representative.
notice of this transaction at the
Decatur & Eastern Illinois Railroad, ACTION: Notice.
workplaces of CSXT employees on the
L.L.C. (DEIR), a noncarrier, has filed a
affected Line, served notice on the SUMMARY: The Office of the United
verified notice of exemption under 49
national offices of the labor unions for States Trade Representative (USTR)
CFR 1150.31 to acquire and operate
those employees, and filed a letter with publishes the National Trade Estimate
approximately 126.7 miles of track (the
the Board certifying its compliance with Report on Foreign Trade Barriers (NTE
Line) owned by CSX Transportation,
the advance notice requirements. Report) each year. The Trade Policy
Inc., (CSXT), consisting of: (1) CSXT’s The transaction may be consummated
Decatur Subdivision starting near Staff Committee (TPSC) invites
on or after September 8, 2018, the interested persons to submit written
Montezuma, Ind., at milepost BD 192.4 effective date of the exemption (30 days
and ending in Decatur, Ill., at milepost comments to assist the TPSC in
after the verified notice was filed).2 identifying significant barriers to U.S.
BD 277.2; (2) CSXT’s Danville If the verified notice contains false or
Secondary Subdivision from near Terre exports of goods and services, U.S.
misleading information, the exemption foreign direct investment, and the
Haute, Ind., at milepost QSD 72.2 to is void ab initio. Petitions to revoke the
near Olivet, Ill., at milepost QSD 113.6; protection and enforcement of
exemption under 49 U.S.C. 10502(d) intellectual property rights for inclusion
and (3) CSXT’s Paris Industrial Track may be filed at any time. The filing of
located in Paris, Ill. As part of the in the NTE Report. USTR also will
a petition to revoke will not consider responses to this notice as part
transaction, CSXT will also assign its
trackage rights over Illinois Central 1 DEIR lists ‘‘Canadian National Railway’’ (CNR)
of the annual review of the operation
Railroad Company (IC) between the as one of the third-party railroads that could and effectiveness of all U.S. trade
Decatur Street road crossing at or near physically interchange with the line sought to be agreements regarding
milepost 77.7 and milepost 76.7 on IC’s acquired. The Board notes that the correct reference telecommunications products and
daltland on DSKBBV9HB2PROD with NOTICES

should be to Illinois Central Railroad Company services that are in force with respect to
Peoria Subdivision, including IC’s (IC)—the CNR subsidiary over which DEIR will be
connection with CSXT between assigned 3.6 miles of trackage rights (as described the United States.
milepost 30.5 and milepost 28.6 on IC’s above) and the only CNR affiliate operating in the DATES: We must receive all written
Peoria Subdivision, and between IC’s affected region. comments no later than 11:59 p.m. on
2 The verified notice states that the transaction is
lead track from its connection to the October 30, 2018.
expected to be consummated on or about September
Green Switch Spur to IC’s connection 6, 2018, however, consummation of the transaction ADDRESSES: USTR strongly prefers
with the ADM Run-Around-Yard at must await the effective date of the exemption. electronic submissions made through

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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices 42967

the Federal eRulemaking Portal: http:// 3. Trade restrictions implemented Egypt, El Salvador, Ethiopia, the
www.regulations.gov. The instructions through unwarranted sanitary and European Union, Ghana, Guatemala,
for submitting comments are in section phytosanitary (SPS) measures that the Honduras, Hong Kong, India, Indonesia,
4 below. The docket number is USTR– country claims to impose for purposes Israel, Japan, Jordan, Kazakhstan,
2018–0029. For alternatives to on-line of protecting human, animal, and plant Kenya, Korea, Kuwait, Laos, Malaysia,
submissions, contact Yvonne Jamison at life or health (e.g., SPS measures not Mexico, Morocco, New Zealand,
(202) 395–3475 before transmitting a based on scientific evidence). Nicaragua, Nigeria, Norway, Oman,
comment and in advance of the relevant 4. Subsidies, including export Pakistan, Panama, Paraguay, Peru, the
deadline. subsidies (e.g., export financing on Philippines, Qatar, Russia, Saudi
FOR FURTHER INFORMATION CONTACT: preferential terms, subsidies provided to Arabia, Singapore, South Africa, Sri
Yvonne Jamison at (202) 395–3475. equipment manufacturers contingent on Lanka, Switzerland, Taiwan, Thailand,
export, and agricultural export subsidies Tunisia, Turkey, United Arab Emirates,
SUPPLEMENTARY INFORMATION:
that displace U.S. exports in third Ukraine, and Vietnam.
1. Background country markets) and local content In addition, Section 1377 of the
subsidies (e.g., subsidies contingent on Omnibus Trade and Competitiveness
Section 181 of the Trade Act of 1974,
the purchase or use of domestic rather Act of 1988 (Section 1377) (19 U.S.C.
as amended (19 U.S.C. 2241) requires
than imported goods). 3106) requires USTR annually to review
USTR annually to publish the NTE the operation and effectiveness of all
Report, which sets out an inventory of 5. Government procurement
restrictions (e.g., ‘‘buy national policies’’ U.S. trade agreements regarding
the most significant foreign barriers telecommunications products and
affecting U.S. exports of goods and and closed bidding).
6. Lack of intellectual property services that are in force with respect to
services, U.S. foreign direct investment, the United States. The purpose of the
and the protection and enforcement of protection and enforcement (e.g.,
inadequate patent, copyright, and review is to determine whether any act,
intellectual property rights. The policy, or practice of a country that has
inventory facilitates U.S. negotiations trademark regimes).
7. Barriers to trade in services (e.g., entered into a trade agreement or other
aimed at reducing or eliminating these telecommunications agreement with the
barriers and is a valuable tool in prohibitions or restrictions on foreign
participation in the market, United States is inconsistent with the
enforcing U.S. trade laws and terms of such agreement or otherwise
strengthening the rules-based trading discriminatory licensing requirements
or regulatory standards, local-presence denies U.S. firms, within the context of
system. You can find the 2018 NTE the terms of such agreements, mutually
Report on USTR’s website at http:// requirements, and unreasonable
restrictions on what services may be advantageous market opportunities for
www.ustr.gov under the tab ‘Reports’. To telecommunications products and
ensure compliance with the statutory offered).
8. Barriers to digital trade (e.g., services. USTR will consider responses
mandate for the NTE Report and the to this notice in the review called for in
Administration’s commitment to focus barriers to cross-border data flows
including data localization Section 1377.
on the most significant foreign trade We invite commenters to identify
barriers, USTR will be guided by the requirements, discriminatory practices
those barriers covered in submissions
existence of active interest in deciding affecting trade in digital products,
that may operate as ‘‘localization
which restrictions to include in the NTE restrictions on the provision of internet-
barriers to trade.’’ Localization barriers
Report. enabled services, and other restrictive
are measures designed to protect, favor,
technology requirements).
2. Topics on Which the TPSC Seeks or stimulate domestic industries,
9. Investment barriers (e.g., services providers, and/or intellectual
Information limitations on foreign equity property at the expense of goods,
To assist USTR in preparing the NTE participation and on access to foreign services, or intellectual property from
Report, commenters should submit government-funded research and other countries, including the provision
information related to one or more of development programs, local content of subsidies linked to local production.
the following categories of foreign trade requirements, technology transfer For more information on localization
barriers: requirements and export performance barriers, please go to http://
1. Import policies (e.g., tariffs and requirements, and restrictions on www.ustr.gov/trade-topics/localization-
other import charges, quantitative repatriation of earnings, capital, fees, barriers. Commenters should place
restrictions, import licensing, customs and royalties). particular emphasis on any practices
barriers, and other market access 10. Government-tolerated that may violate U.S. trade agreements.
barriers). anticompetitive conduct of state-owned The TPSC also is interested in receiving
2. Trade restrictions implemented or private firms that restrict the sale or new or updated information pertinent to
through unwarranted standards, purchase of U.S. goods or services in the the barriers covered in the 2018 NTE as
conformity assessment procedures, or foreign country’s markets. well as information on new barriers. If
technical regulations (technical barriers 11. Other barriers (e.g., barriers that USTR does not include in the NTE
to trade) that may have as their objective encompass more than one category, information that it receives pursuant to
protecting national security such as bribery and corruption, or that this notice, it will maintain the
requirements, preventing deceptive affect a single sector). information for potential use in future
practices, or protecting human health or Commenters should submit information discussions or negotiations with trading
safety, animal or plant life or health, or related to one or more of the following partners.
daltland on DSKBBV9HB2PROD with NOTICES

the environment, but that can be export markets to be covered in the
formulated or implemented in ways that report: Algeria, Angola, the Arab 3. Estimate of Increase in Exports
create significant barriers to trade League, Argentina, Australia, Bahrain, Each comment should include an
(including unnecessary or Bangladesh, Bolivia, Brazil, Brunei, estimate of the potential increase in U.S.
discriminatory technical regulations or Burma, Cambodia, Canada, Chile, exports that would result from removing
standards for telecommunications China, Colombia, Costa Rica, Cote any foreign trade barrier the comment
products). d’Ivoire, Dominican Republic, Ecuador, identifies, as well as a description of the

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Document Created: 2018-08-24 04:14:44
Document Modified: 2018-08-24 04:14:44

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. on October 30, 2018.
Contact		Yvonne Jamison at (202) 395-3475.
FR Citation		83 FR 42966