View all text of Part 7 [§ 2241 - § 2242]
§ 2241. Estimates of barriers to market access
(a) National trade estimates
(1) In generalFor 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; 1
1 So in original. The semicolon probably should be a comma.
and(iii) United States electronic commerce,2
2 So in original. The comma probably should be a semicolon.
(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and
(C) make an estimate, if feasible, of—
(i) the value of additional goods and services of the United States,
(ii) the value of additional foreign direct investment by United States persons, and
(iii) the value of additional United States electronic commerce,
that would have been exported to, or invested in or transacted with,,3
3 So in original.
each foreign country during such calendar year if each of such acts, policies, and practices of such country did not exist.(2) Certain factors taken into account in making analysis and estimateIn making any analysis or estimate under paragraph (1), the Trade Representative shall take into account—
(A) the relative impact of the act, policy, or practice on United States commerce;
(B) the availability of information to document prices, market shares, and other matters necessary to demonstrate the effects of the act, policy, or practice;
(C) the extent to which such act, policy, or practice is subject to international agreements to which the United States is a party;
(D) any advice given through appropriate committees established pursuant to section 2155 of this title; and
(E) the actual increase in—
(i) the value of goods and services of the United States exported to,
(ii) the value of foreign direct investment made in, and
(iii) the value of electronic commerce transacted with,
the foreign country during the calendar year for which the estimate under paragraph (1)(C) is made.
(3) Inclusion of certain discriminatory laws, policies, and practices of the Russian Federation
(4) Annual revisions and updates
(b) Reports
(1) In general
(2) Reports to include information with respect to action being takenThe 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—
(A) any action under section 2411 of this title,
(B) negotiations or consultations with foreign governments, or
(C) a section on foreign anticompetitive practices, the toleration of which by foreign governments is adversely affecting exports of United States goods or services.
(3) Consultation with Congress on trade policy priorities
(c) Assistance of other agencies
(1) Furnishing of information
(2) Restrictions on release or use of information
(3) Personnel and services
(d) Electronic commerce
(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.)