[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62421-62423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: http://www.regulations.gov 
(Regulations.gov). 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 
[email protected] or (202) 395-3475 in advance of 
the deadline.

FOR FURTHER INFORMATION CONTACT: Laura Buffo, Chair of the Trade Policy 
Staff Committee, at [email protected] 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 https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf. 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 Regulations.gov.
    To submit via Regulations.gov, 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.' 
Regulations.gov 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 Regulations.gov. The tracking number is 
confirmation that Regulations.gov received your submission. Keep the 
confirmation for your records. USTR is not able to provide technical 
assistance for Regulations.gov.
    For further information on using Regulations.gov, please consult 
the resources provided on the website by clicking on `How to Use 
Regulations.gov' 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 [email protected] 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 https://www.ustr.gov.

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 
Regulations.gov 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