19 U.S.C. § 2241 — Estimates of barriers to market access
submitted 42 years ago by Pub. L. 93-618 to r/title-19-CUSTOMS-DUTIES · 923 words · no verdicts yet
The United States Trade Representative must annually identify and analyze foreign barriers affecting United States trade, investment, and electronic commerce and report the results to the President and Congress. Agencies must provide requested information subject to legal restrictions.
(a) National trade estimates. (1) For 1988 and each later calendar year, the Trade Representative, through the specified interagency organization and with its advisory committee’s help, must (A) identify and analyze each foreign country’s acts, policies, or practices that significantly block or distort United States exports of goods or services, United States foreign direct investment, or United States electronic commerce; (B) estimate each measure’s trade-distorting effect on United States commerce; and (C), if feasible, estimate the additional United States goods and services, direct investment, and electronic commerce that would have been exported, invested, or transacted with each country if those measures did not exist. (2) The Trade Representative must consider relative impact, available evidence about prices and market shares, applicable international agreements, committee advice, and actual increases during the estimate year in exports, foreign direct investment, and electronic commerce involving the country. (3) For 2012 and later years, the analysis must include Russian laws, policies, or practices denying fair and equitable access for United States digital trade. (4) The Trade Representative must revise and update the analysis and estimate yearly. (b)(1) By April 30, 1989, and by March 31 of each later year, the Trade Representative must send the prior year’s analysis and estimates, called the National Trade Estimate, to the President, Senate Finance Committee, and appropriate House committees. (2) Each report must describe actions taken, or reasons for no action, to eliminate identified measures, including action under section 2411, negotiations or consultations, and foreign anticompetitive practices tolerated by governments that harm United States exports. (3) The Trade Representative must keep those committees informed about priorities for expanding market opportunities and consult them periodically about addressing reported barriers, including possible section 2412 investigations or other trade actions. (c)(1) Each executive department or agency, including an independent agency, must provide requested data and reports needed for these functions. The Trade Representative must particularly consult the Attorney General on the report section about foreign anticompetitive practices. (2) This does not permit disclosure or use contrary to law or established procedure. (3) Federal departments, agencies, and instrumentalities may detail personnel and provide requested services, with or without reimbursement. (d) “Electronic commerce” has the meaning given in section 1104(3) of the Internet Tax Freedom Act.
For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to section 1872(a) of this title and with the assistance of the interagency advisory committee established under section 2171(d)(2) of this title, shall—
identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of—
United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons),
foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; 1 and
United States electronic commerce,2
make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and
make an estimate, if feasible, of—
the value of additional goods and services of the United States,
the value of additional foreign direct investment by United States persons, and
the value of additional United States electronic commerce,
that would have been exported to, or invested in or transacted with,,3 each foreign country during such calendar year if each of such acts, policies, and practices of such country did not exist.
In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account—
the relative impact of the act, policy, or practice on United States commerce;
the availability of information to document prices, market shares, and other matters necessary to demonstrate the effects of the act, policy, or practice;
the extent to which such act, policy, or practice is subject to international agreements to which the United States is a party;
any advice given through appropriate committees established pursuant to section 2155 of this title; and
the actual increase in—
the value of goods and services of the United States exported to,
the value of foreign direct investment made in, and
the value of electronic commerce transacted with,
the foreign country during the calendar year for which the estimate under paragraph (1)(C) is made.
For calender 4 year 2012 and each succeeding calendar year, the Trade Representative shall include in the analyses and estimates under paragraph (1) an identification and analysis of any laws, policies, or practices of the Russian Federation that deny fair and equitable market access to United States digital trade.
The Trade Representative shall annually revise and update the analysis and estimate under paragraph (1).
On or before April 30, 1989, and on or before March 31 of each succeeding calendar year, the Trade Representative shall submit a report on the analysis and estimates made under subsection (a) for the calendar year preceding such calendar year (which shall be known as the “National Trade Estimate”) to the President, the Committee on Finance of the Senate, and appropriate committees of the House of Representatives.
The Trade Representative shall include in each report submitted under paragraph (1) information with respect to any action taken (or the reasons for no action taken) to eliminate any act, policy, or practice identified under subsection (a), including, but not limited to—
any action under section 2411 of this title,
negotiations or consultations with foreign governments, or
a section on foreign anticompetitive practices, the toleration of which by foreign governments is adversely affecting exports of United States goods or services.
The Trade Representative shall keep the committees described in paragraph (1) currently informed with respect to trade policy priorities for the purposes of expanding market opportunities. After the submission of the report required by paragraph (1), the Trade Representative shall also consult periodically with, and take into account the views of, the committees described in that paragraph regarding means to address the foreign trade barriers identified in the report, including the possible initiation of investigations under section 2412 of this title or other trade actions.
The head of each department or agency of the executive branch of the Government, including any independent agency, is authorized and directed to furnish to the Trade Representative or to the appropriate agency, upon request, such data, reports, and other information as is necessary for the Trade Representative to carry out his functions under this section. In preparing the section of the report required by subsection (b)(2)(C), the Trade Representative shall consult in particular with the Attorney General.
Nothing in this subsection shall authorize the release of information to, or the use of information by, the Trade Representative in a manner inconsistent with law or any procedure established pursuant thereto.
The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reimbursement, as the Trade Representative may request to assist in carrying out his functions.
For purposes of this section, the term “electronic commerce” has the meaning given that term in section 1104(3) 5 of the Internet Tax Freedom Act.
Source credit: (Pub. L. 93–618, title I, § 181, as added Pub. L. 98–573, title III, § 303(a), Oct. 30, 1984, 98 Stat. 3001; amended Pub. L. 100–418, title I, § 1304, Aug. 23, 1988, 102 Stat. 1181; Pub. L. 103–465, title III, §§ 311(a), 312, Dec. 8, 1994, 108 Stat. 4938; Pub. L. 105–277, div. C, title XII, § 1202, Oct. 21, 1998, 112 Stat. 2681–726; Pub. L. 112–208, title II, § 203, Dec. 14, 2012, 126 Stat. 1501.)
- 1984Enacted · Pub. L. 93-618 · 98 Stat. 3001
- 1988Amended · Pub. L. 100-418 · 102 Stat. 1181
- 1994Amended · Pub. L. 103-465 · 108 Stat. 4938
- 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
- 2012Amended · Pub. L. 112-208 · 126 Stat. 1501
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-618 on 1984-10-30.
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