§ 2241. Estimates of barriers to market access

(a) National trade estimates

(1) In general 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—

(A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of—

(i) 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),

(ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; of the Internet Tax Freedom Act.

(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.)

References In Text

References in Text

Section 1104(3) of the Internet Tax Freedom Act, referred to in subsec. (d), was redesignated section 1105(3) of the Act by Pub. L. 108–435, § 3(1), Dec. 3, 2004, 118 Stat. 2616, and is set out in a note under section 151 of Title 47, Telecommunications.

Amendments

Amendments

2012—Subsec. (a)(3), (4). Pub. L. 112–208 added par. (3) and redesignated former par. (3) as (4).

1998—Subsec. (a)(1)(A)(iii). Pub. L. 105–277, § 1202(1)(A), added cl. (iii).

Subsec. (a)(1)(C). Pub. L. 105–277, § 1202(1)(B), added cl. (iii) and inserted “or transacted with,” after “or invested in” in concluding provisions.

Subsec. (a)(2)(E)(iii). Pub. L. 105–277, § 1202(2), added cl. (iii).

Subsec. (d). Pub. L. 105–277, § 1202(3), added subsec. (d).

1994—Subsec. (b)(2)(C). Pub. L. 103–465, § 311(a)(1), added subpar. (C).

Subsec. (b)(3). Pub. L. 103–465, § 312, inserted at end “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.”

Subsec. (c)(1). Pub. L. 103–465, § 311(a)(2), inserted at end “In preparing the section of the report required by subsection (b)(2)(C) of this section, the Trade Representative shall consult in particular with the Attorney General.”

1988—Pub. L. 100–418, § 1304(a)(10), substituted “Estimates of” for “Actions concerning” in section catchline.

Subsec. (a)(1). Pub. L. 100–418, § 1304(a)(1), substituted “For calendar year 1988, and for each succeeding calendar year,” for “Not later than the date on which the initial report is required under subsection (b)(1) of this section,”.

Pub. L. 100–418, § 1304(a)(9), which directed the insertion of “and with the assistance of the interagency advisory committee established under section 2171(d)(2) of this title,” after “section 1872(a) of this title,” was executed by making the insertion after “section 1872(a) of this title” to reflect the probable intent of Congress.

Subsec. (a)(1)(A). Pub. L. 100–418, § 1304(a)(2), inserted “of each foreign country” after “or practices”.

Subsec. (a)(1)(C). Pub. L. 100–418, § 1304(a)(3)–(5), added subpar. (C).

Subsec. (a)(2)(E). Pub. L. 100–418, § 1304(a)(6)–(8), added subpar. (E).

Subsec. (b)(1). Pub. L. 100–418, § 1304(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “On or before the date which is one year after October 30, 1984, and each year thereafter, the Trade Representative shall submit the analysis and estimate under subsection (a) of this section to the Committee on Finance of the Senate and to the Committee on Ways and Means of the House of Representatives.”

Effective Date Of Amendment

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], see section 316 of Pub. L. 103–465, set out as an Effective Date note under section 3581 of this title.

Separability

Severability

Pub. L. 105–277, div. C, title XII, § 1206, Oct. 21, 1998, 112 Stat. 2681–728, provided that: “If any provision of this title [amending this section and enacting provisions set out under this section], or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected.”

Miscellaneous

Construction of 1998 Amendments

Pub. L. 105–277, div. C, title XII, § 1204, Oct. 21, 1998, 112 Stat. 2681–728, provided that: “Nothing in this title [amending this section and enacting provisions set out under this section] shall be construed to expand the duty of any person to collect or pay taxes beyond that which existed immediately before the date of the enactment of this Act [Oct. 21, 1998].”

Pub. L. 105–277, div. C, title XII, § 1205, Oct. 21, 1998, 112 Stat. 2681–728, provided that: “Nothing in this title [amending this section and enacting provisions set out under this section] shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 (Public Law 104–104) [see Short Title of 1996 Amendment note set out under section 609 of Title 47, Telecommunications] or the amendments made by such Act.”

Declaration That the Internet Should Be Free of Foreign Tariffs, Trade Barriers, and Other Restrictions

Pub. L. 105–277, div. C, title XII, § 1203, Oct. 21, 1998, 112 Stat. 2681–727, provided that:

“(a)In General.—It is the sense of Congress that the President should seek bilateral, regional, and multilateral agreements to remove barriers to global electronic commerce through the World Trade Organization, the Organization for Economic Cooperation and Development, the Trans-Atlantic Economic Partnership, the Asia Pacific Economic Cooperation forum, the Free Trade Area of the America, the North American Free Trade Agreement, and other appropriate venues.

“(b)Negotiating Objectives.—The negotiating objectives of the United States shall be—

“(1) to assure that electronic commerce is free from—

“(A) tariff and nontariff barriers;

“(B) burdensome and discriminatory regulation and standards; and

“(C) discriminatory taxation; and

“(2) to accelerate the growth of electronic commerce by expanding market access opportunities for—

“(A) the development of telecommunications infrastructure;

“(B) the procurement of telecommunications equipment;

“(C) the provision of Internet access and telecommunications services; and

“(D) the exchange of goods, services, and digitalized information.

“(c)Electronic Commerce.—For purposes of this section, the term ‘electronic commerce’ has the meaning given that term in section 1104(3) [probably means Pub. L. 105–277, div. C, title XI, § 1105(3), set out in a note under section 151 of Title 47, Telecommunications].”