G/TBT/15.2/N/USA  
9 April 2024  
(24-2983) Page: 1/4 
Committee on Technical Barriers to Trade    
 
 
IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT  
ON TECHNICAL BARRIERS TO TRADE  
COMMUNICATION FROM THE UNITED STATES OF AMERICA1 
The following statement  under Article 15.2 of the Agreement on Technical Barriers to Trade , dated  
4 April 2024 , has been received from the delegation of the United States of America .  
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1  IMPLEMENTING ACTION S  
The Administrative Procedure Act (APA), as amended  
The APA is a statute that sets forth the general notice -and-comment procedures for rulemaking to 
be followed by agencies of the United States Government (5 U.S.C. section 551 et seq.). It governs 
how administrative agencies of the federal government of the Uni ted States may propose, seek 
public comment on, and establish regulations, and it grants U.S. federal courts oversight over all 
agency actions.  
Link: 5 U.S. Code Chapter 5, Subchapter II  (govinfo.gov);  APA (U.S. National Archives and Records 
Administration)  
Date of entry into force : 11 June 1946  
The Trade Agreements Act of 1979 (TAA), as amended  
Title IV of the TAA authorizes the United States Trade Representative (USTR)  to sign and accept 
responsibility for the WTO Agreement on Technical Barriers to Trade and the TBT Committee. It 
gives responsibility to the U.S. Department of Commerce  to operate the Technical Barriers to Trade 
Enquiry Point. It also directs the U.S. Department of Agriculture  (for agricultural issues) and 
Commerce (for non -agricultural issues) to create technical offices to inform, consult and coordinate 
with USTR with respect to international standards -related activities, and keep informed of 
internatio nal standards activities that substantially affect commerce.  
Link: 19 U.S. Code Chapter 13  (govinfo.gov)  
Date of entry into  force: 26 July 1979  
The National Technology Transfer and Advancement Act (NTTAA), as amended  
The NTTAA  directs U.S. agencies to use voluntary consensus standards instead of government -
unique standards except if inconsistent with applicable law or otherwise impracticable. Agencies are 
also directed to consult with voluntary, private sector, consensus standa rds bodies and, when such 
participation is in the public interest and is compatible with agency and departmental missions, 
authorities, priorities, and budget resources, participate in the development of technical standards.  
Link: Public Law 104 -113 (govinfo.gov)  
Date of entry into force : 7 March 1996  
 
1 This document replaces the United States ' original notification under Article.15.2 of the TBT Agreement 
contained in G/TBT/2/Add.2 . G/TBT/15.2/N/USA  
 
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  Executive Order 12866 Regulatory Planning and Review and Executive Order 13563 
Improving Regulation and Reg ulatory Review, as supplemented and reaffirmed by 
Executive Order 14094, Modernizing Regulatory Review  
These Executive Orders establish and govern the process under which the Office of Management and 
Budget reviews agency draft and proposed final regulator y actions. The objectives of this process 
are to enhance planning and coordination with respect to both new and existing regulations; improve 
public participation in rulemaking; and strengthen regulatory analysis.  
Link: Regulatory Matters | OMB | The White House  (whitehouse.gov)  
Date of entry into force:  30 September 1993, 18 January 2011, and 6 April 2023  
OMB Circular A -119, Federal Participation in the Development and Use of Voluntary 
Consensus Standards and in Conformity Assessment Activities  
Consistent with the NTTAA, the Circular establishes policies on the use and development of voluntary 
consensus sta ndards and on conformity assessment activities. It promotes federal agency 
participation on standards bodies, specifies reporting requirements on conformity assessment 
activities, and informs agencies of their statutory obligations related to standards set ting. 
Link: Revised Circular A -119 effective as of 27 January 2016  (whitehouse.gov)  
Date of entry into force : Originally issued in 1993, updated in 2016  
Guidance on Federal Conformity Assessment Activities, as amended  
Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 directs NIST 
to "coordinate technical standards activities and conform ity assessment activities of Federal, State, 
and local governments with private sector technical standards activities and conformity assessment 
activities, with the goal of eliminating unnecessary duplication and complexity in the development 
and promulgat ion of conformity assessment requirements and measures" (15 U.S.C. 272(b)(13)). 
NIST originally issued the guidance found in 15 CFR part 287 (this Guidance) on 10 August 2000, in 
response to Office of Management and Budget (OMB) Circular A -119 (10 February  1998) directing 
the Secretary of Commerce to issue guidance to Federal agencies to ensure effective coordination 
of Federal conformity assessment activities (65 FR 48894). Corresponding amendments to the 2016 
Revision of A -119 notified in G/TBT/N/USA/1587 and Add.1 . 
Link: Guidance on Federal Conformity Assessment Activities  (Federal Register) ( 15 CFR Part 287 ) 
(eCFR).  
Date of entry into force:  29 September 2020  
2  PUBLICATION OF  A NOTICE  
Name of publication : Federal Register  
Website for publication : www.federalregister.gov  
Published by the Office of the Federal Register, National Archives and Records Administration 
(NARA), the Federal Register is the official daily publication for rules, proposed rules, an d notices of 
Federal agencies and organizations, as well as executive orders and other presidential documents.  
Name of publication:  American National Standards Institute (ANSI) Standards Action  
Website for publication : https://www.ansi.org/resource -center/standards -action  
Standards Action  is published weekly and provides information about current standards development 
work in which ANSI plays a role. The publication is designed to facilitate participation in the American 
National Standards (ANS) development process as well as other domestic, regional, and international 
standardization activities advanced by ANSI. Each wee kly edition – available by download  or free 
email subscription – comprises a r ound-up of the latest information available to help all interested G/TBT/15.2/N/USA  
 
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  parties stay informed and engaged in standards. ANSI is the signatory for the United States to the 
Code of Good Practice . 
3  COMMENT S 
Where comments can be submitted, including online consultation platform:  Regulations.gov  
Regulations.gov provides information on the development of U.S. central government regulations 
and other related documents issued by the U.S. government and provides for the online submission 
of comments. Any interested stakeholder can comment on documents such as Federal Register 
Notices or Propose d and Final Rules. The site also includes supplementary information for actions, 
including scientific and technical information used to support the action, as applicable, as well as the 
public comments submitted. Comments on actions notified to the WTO TBT  Committee and received 
by the USA TBT Enquiry Point from WTO Members and their stakeholders are submitted to the docket 
folder on Regulations.gov, transferred to the responsible agency, and shared with the Office of the 
United States Trade Representative (USTR).  
The United States comports with the TBT Committee recommendation for a 60 -day comment period, 
under normal circumstances, for draft technical regulations and conformity assessment procedures 
(G/TBT/1/Rev.15 , paragraph 6.3.1.8; see Executive Order 13563 ). 
Requests for comment extensions of notified actions received via the USA TBT Enquiry Point  at least 
one week prior to the published comment deadline are given positive consideration. Official comment 
extensions published by the regulators for previously notified actions ar e notified as addenda.  
For each activity published in ANSI's Standards Action , comments are directed to the appropriate 
standards developer.  
4  PUBLICATION OF FINAL  TEXTS  
Name of publication : Federal Register  
Website for publication : www.federalregister.gov  
Published by the Office of the Federal Register, National Archives and Records Administration 
(NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of 
Federal agencies and organizations, as well as executive orders and other presidential documents.  
Name of publication : American National Standards Institute (ANSI) Standards Action  
Website for publication : www.ansi.org/standardsaction  
Standards Action  is published weekly and provides information about current standards development 
work in which ANSI plays a role. The publication is designed t o facilitate participation in the American 
National Standards (A buNS) development process as well as other domestic, regional, and 
international standardization activities advanced by ANSI. Each weekly edition – available by 
download  or free email subscription – comprises a round -up of the latest information available to 
help all in terested parties get informed and engaged in standards. ANSI is the signatory for the 
United Stated to the Code of Good Practice . 
5  CONTACT INFORMATION2 
Enquiry  Point(s)  
Standards Coordination Office (SCO)  
National Institute of Standards and Technology (NIST)  
100 Bureau Drive MS 2100  
Gaithersburg, MD 20899  
USA 
Tel: +(1 301) 975 29 18  
Email: usatbtep@nist.gov  
Website: https://www.nist.gov/standardsgov/usa -wto-tbt-enquiry -point 
 
 
2 Enquiry point and notification authority contact details may subsequently be updated after the 
circulation of this notification. The latest information is avai lable on ePing . G/TBT/15.2/N/USA  
 
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  Notification Authority  
Same as TBT Enquiry Point  
Other Agencies  
The Trade Agreements Act of 1979, as amended, authorizes the United States Trade Representative 
(USTR) to sign and accept responsibility for the Agreement on Technical  Barriers to Trade and the 
TBT Committee, and gives responsibility for agriculture standards to the U.S. Department of 
Agriculture  (USDA), and for non -agricultural standards t o the U.S. Department of Commerce  (DOC).  
6  ADDITIONAL INFORMATION  
Other relevant resources:  
Additional information about the U.S. regulatory system can be found on the website reginfo.gov . 
The website includes a link to the Unified Agenda of Regulatory and Deregulatory Actions (Agenda) , 
a compilation of all proposed agency regulatory and deregulatory actions. The Unified Regulatory 
Agenda is published each spring with a supplement issued each fall.  
The U.S. signatory to the Code of Good Practice for the Preparation, Adoption and Application of 
Standards for the United States is the American National Standards Institute ( ANSI). The American 
National Standards Institute Incorporated by Reference (IBR)  Portal provides a mech anism for 
access to standards that have been incorporated by reference in the U.S. Code of Federal Regulations 
(CFR). These standards incorporated by the U.S. government in rulemakings are offered at no cost 
in "read only" format and are presented for onli ne reading. There are no print or download options.  
NIST Standards Incorporated by Reference (SIBR) Database  provides information on standards 
referenced in U.S. regulations, includin g voluntary consensus standards, government -unique 
standards, industry standards, and international standards referenced in the U.S. Code of Federal 
Regulations ( CFR). 
The United States Standards Strategy (USSS) , published by ANSI and amended every five years, 
serves as a statement of purpose and ideals for voluntary sta ndardization activities. The Strategy 
establishes a standardization framework built upon the traditional strengths of the U.S. system — 
consensus, openness, and transparency —while giving additional emphasis to speed, relevance, 
cross-sector interactions and  dependencies, and the needs of public interest constituencies.  
In alignment with the ANSI USSS, the United States Government National Standards  Strategy for 
Critical and Emerging Technology  emphasizes U.S. government support for engagement in 
international standards for critical and emerging technologies. Notified in G/TBT/N/USA/2 004 and 
subsequent addenda . 
 
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