G/TBT/N/USA/1360  
 
30 April 2018  
(18-2684) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: UNITED STATES OF AME RICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
New York  
2. Agency responsible: New York Department of Agriculture and Markets, State of New 
York [1382]  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:  Please submit 
comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:  Technical 
Regulation - Local Government (Article 3.2)  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicabl e): Commercial 
measuring devices  
Metrology and measurement in general (ICS 17.020).  
5. Title, number of pages and language(s) of the notified document: National Institute 
of Standards and Technology Handbook 44 (2018) (2 page(s), in English)   
6. Description of content: The proposed rule will incorporate by reference in subdivision (a) 
of 1 NYCRR section 220.2 the 2018 edition of National Institute of Standards and 
Technology Handbook 44 (henceforth, "Handbook 44 (2018 edition) ") which contains 
specifications, tolerances and regulations for commercial measuring devices. The 2017 
edition of Handbook 44 is presently incorporated by reference. Handbook 44 (2018 edition) 
differs from the 2017 edition in that it contains new requirements for divisions in  
high-accuracy scales used in direct sales such as jewelry scales; deletes the requirement 
that the size of the pipe, mounted on a vehicle tank used for the delivery of petroleum 
products, must be set forth on the meter; amends requirements applicable to t aximeters 
that use GPS technology; and other, non -substantive additions, amendments, and 
deletions. Handbook 44 (2018 edition) has been adopted or is in the process of being 
adopted by every state; manufacturers and users of weighing and measuring devices 
located in New York already, therefore, conform their operations to the provisions of this 
document in order to sell their products in interstate commerce.  
The proposed rule requires manufacturers and users of weighing and measuring devices to 
do no more than they are practically required to do presently and/or lessens certain 
regulatory burdens; as such, the proposed rule will not have an adverse impact upon jobs 
or employment opportunities.  
7. Objective and rationale, including the nature of urgent prob lems where 
applicable: Prevention of deceptive practices and consumer protection  G/TBT/N/USA/1360  
 
- 2 - 
 
  8. Relevant documents:   
New York Codes, Rules and Regulations Title 1, Chapter 5, Part 220 Section 2 
(1 CRR-NY 220.2): 
https://govt.westlaw.com/nycrr/Document/I0f4a7f4cc22211dda8b4a344a7766531?viewTy
pe=FullText&orig inationContext=documenttoc&transitionType=StatuteNavigator&contextD
ata=(sc.Default)&bhcp=1  
Vol. XL, Issue 13, New York State Register 28 March 2018 (page 1); go to 
https://govt.westlaw.com/nyreg/index?__lrTS=20180329224633882&transitionType=Defa
ult&contextData=(sc.Default)  to navigate to the Register.   
9. Proposed date of adoption:  To be determined  
Proposed date of entry  into force:  To be determined  
10. Final date for comments: 27 May 2018  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
https://members.wto.org/crnattachments/2018/TBT/USA/18_2266_00_e.pdf