Federal · Title 19 — Customs Duties
19 U.S.C. § 2241: Estimates of barriers to market access
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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 1 So in original. The semicolon probably should be a comma. United States electronic commerce, 2 2 So in original. The comma probably should be a semicolon. make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and 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, 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 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, 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. 4 So in original. Probably should be “calendar”. 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. 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. 5 So in original. See References in Text note below. 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. tariff and nontariff barriers; burdensome and discriminatory regulation and standards; and discriminatory taxation; and the development of telecommunications infrastructure; the procurement of telecommunications equipment; the provision of Internet access and telecommunications services; and the exchange of goods, services, and digitalized information. 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].”
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