[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Pages 55204-55205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18701]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Request for Public Comment With Respect to the Annual National 
Trade Estimate Report on Foreign Trade Barriers

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: Pursuant to section 303 of the Trade and Tariff Act of 1984, 
as amended, USTR is required to publish annually the National Trade 
Estimate Report on Foreign Trade Barriers (NTE). With this notice, the 
Trade Policy Staff Committee (TPSC) is requesting interested parties to 
assist it in identifying significant barriers to U.S. exports of goods, 
services and overseas direct investment for inclusion in the NTE. 
Particularly important are impediments materially affecting the actual 
and potential financial performance of an industry sector. The TPSC 
invites written comments that provide views relevant to the issues to 
be examined in preparing the NTE.

DATES: Public comments are due not later than Wednesday, November 16, 
2005.

ADDRESSES: Submissions by electronic mail: <a href="/cdn-cgi/l/email-protection#88cedab8bdb8b0c8dddbdcdaa6cdc7d8a6cfc7de"><span class="__cf_email__" data-cfemail="6422365451545c24313730364a212b344a232b32">[email protected]</span></a>. 
Submissions by facsimile: Gloria Blue, Executive Secretary, Trade 
Policy Staff Committee, Office of the United States Trade 
Representative, (202) 395-6143. The public is strongly encouraged to 
submit documents electronically rather than by facsimile. (See 
requirements for submissions below.)

FOR FURTHER INFORMATION CONTACT: Questions regarding the report, its 
subject matter or procedural questions concerning submissions should be 
directed to Ms. Gloria Blue, Office of Policy Coordination, Office of 
the United States Trade Representative (202) 395-3475.

SUPPLEMENTARY INFORMATION: Last year's report may be found on USTR's 
Internet Home Page (http://www.ustr.gov) in the Document Library under 
the section on Reports/Publications. In order to ensure compliance with 
the statutory mandate for reporting foreign trade barriers that are 
significant, we will focus particularly on those restrictions where 
there has been active private sector interest.
    The information submitted should relate to one or more of the 
following ten categories of foreign trade barriers:
    (1) Import policies (e.g., tariffs and other import charges, 
quantitative restrictions, import licensing, and customs barriers);
    (2) Standards, testing, labeling, and certification (including 
unnecessarily restrictive application of phytosanitary standards, 
refusal to accept U.S. manufacturers' self-certification of conformance 
to foreign product standards, and environmental restrictions);
    (3) Government procurement (e.g., ``buy national'' policies and 
closed bidding);
    (4) Export subsidies (e.g., export financing on preferential terms 
and agricultural export subsidies that displace U.S. exports in third 
country markets);
    (5) Lack of intellectual property protection (e.g., inadequate 
patent, copyright, and trademark regimes);
    (6) Services barriers (e.g., limits on the range of financial 
services offered by foreign financial institutions, regulation of 
international data flows, restrictions on the use of data processing, 
quotas on imports of foreign films, and barriers to the provision of 
services by professionals (e.g., lawyers, doctors, accountants, 
engineers, nurses, etc.);
    (7) Investment barriers (e.g., limitations on foreign equity 
participation and on access to foreign government-funded R&D consortia, 
local content, technology transfer and export performance requirements, 
and restrictions on repatriation of earnings, capital, fees and 
royalties);
    (8) Anticompetitive practices with trade effects tolerated by 
foreign governments (including anticompetitive activities of both 
state-owned and private firms that apply to services or to goods and 
that restrict the sale of U.S. products to any firm, not just to 
foreign firms that perpetuate the practices);
    (9) Trade restrictions affecting electronic commerce (e.g., tariff 
and non-tariff measures, burdensome and discriminatory regulations and 
standards, and discriminatory taxation); and
    (10) Other barriers (i.e., barriers that encompass more than one 
category, e.g., bribery and corruption, or that affect a single 
sector).
    As in the case of last year's NTE, we are asking that particular 
emphasis be placed on any practices that may violate U.S. trade 
agreements. We are also interested in receiving any new or updated 
information pertinent to the barriers covered in last year's report as 
well as new information. Please note that the information not used in 
the NTE will be maintained for use in future negotiations.
    It is most important that your submission contain estimates of the 
potential increase in exports that would result from the removal of the 
barrier, as well as a clear discussion of the method(s) by which the 
estimates were computed. Estimates should fall within the following 
value ranges: Less than $5 million; $5 to $25 million; $25 million to 
$50 million; $50 million to $100 million; $100 million to $500 million; 
or over $500 million. Such assessments enhance USTR's ability to 
conduct meaningful comparative analyses of a barrier's effect over a 
range of industries.
    Please note that interested parties discussing barriers in more 
than one country should provide a separate submission (i.e., one that 
is self-contained) for each country.
    Requirements for Submissions: In order to facilitate prompt 
processing of submissions, USTR strongly urge and prefers electronic 
(e-mail) submissions in response to this notice. In the event an e-mail 
submission is impossible, submissions should be made by facsimile. 
Facsimile submissions should not exceed a maximum of 20 pages.
    E-mail submissions should be single copy transmissions in English. 
Submissions should use the following subject line: ``2006 National 
Trade Estimate Report--Submission by (sector, company, association). 
Documents must be submitted as either WordPerfect (``WPD''), MSWord 
(``DOC''), or text (``TXT'') file. Documents should not be submitted as 
electronic image files or contain imbedded images (for example, 
``JPG'', ``PDF'' ``BMP'', or ``GIF''), as these type of files are 
generally excessively large. Supporting Documentation submitted as 
spreadsheets are acceptable as Quattro Pro or Excel, pre-formatted for 
printing on 8\1/2\ x 11 inch paper. To the extent possible, any data 
attachments to the submission should be included in the same file as 
the submission itself, and not as separate files.
    Petitions will be available for public inspection by appointment 
with the staff of the USTR Public Reading Room, except for information 
granted ``business confidential'' status pursuant to 15 CFR 2003.6. If 
the submission contains business confidential information, a non-
confidential version of the submission must also be submitted that 
indicates where

[[Page 55205]]

confidential information was redacted by inserting asterisks where 
material was deleted. In addition, the confidential submission must be 
clearly marked ``Business Confidential'' in large, bold letters at the 
top and bottom of every page of the documents. The public version that 
does not contain business confidential information must be clearly 
marked either ``Public Version'' or ``Non-Confidential'' in large, bold 
letters at the top and bottom of every page. The file name of any 
documents containing business confidential information attached to an 
e-mail transmission should begin with the characters ``BC-'', and the 
file name of the public version should begin with the characters ``P-
''. The ``P-'' or ``BC-'' should be followed by the name of the person 
or party submitting the petition. Submissions by e-mail should not 
include separate cover letters or messages in the message area of the 
e-mail; information that might appear in any cover letter should be 
included directly in the submission. The e-mail address for submissions 
is <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="efa9bddfdadfd7af9a9c9b9dc18a809fc1888099">[email protected]</a>. Public versions of all documents relating to 
this review will be available for review shortly after the due date by 
appointment in the USTR Public Reading Room, 1724 F Street, NW., 
Washington, DC. Availability of documents may be ascertained and 
appointments may be made from 9:30 a.m. to noon and 1 p.m. to 4 p.m., 
Monday through Friday, by calling (202) 395-6186.

Carmen Suro-Bredie,
Chair, Trade Policy Staff Committee.
[FR Doc. 05-18701 Filed 9-19-05; 8:45 am]
BILLING CODE 3190-W5-P


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