Update on USTR’s National Trade Estimate Report
In March 2010, the Office of the United States Trade Representative issued its National Trade Estimate Report to Congress. The report, which is required by law, describes significant barriers to U.S. trade and investment faced during 2009 in the largest markets for U.S. exports.1 The following are highlights of the report:
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Largest Export Markets Examined for Barriers to U.S. Trade
The report discusses the largest export markets for the United States, including: 58 nations, the European Union, Taiwan, Hong Kong, and one regional body. According to USTR, some countries were excluded from the report due primarily to the relatively small size of their markets or the absence of major trade complaints from representatives of U.S. goods and services sectors.
Key Barriers of 13 Countries Identified
The 2010 NTE report found that key barriers to U.S. exports existed in the following 13 countries in particular:
| China |
| European Union |
| India |
| Indonesia |
| Japan |
| Korea |
| Kenya |
Barriers Include Industrial Policies, Enforcement Issues, Tariffs, Etc.
The report found that key barriers to U.S. exports included the following:
- Import Bans -- Banning imports citing the need to protect local industries (Malaysia, Nigeria)
- Industrial Policies -- Limiting market access to U.S. exports by protecting favored sectors and industries (China, EU, Indonesia, Japan, Korea)
- Customs -- Lack of transparency in foreign customs regimes, including inconsistent application of transaction valuation methodology and use of arbitrary values (India, Thailand)
- Port Procedures -- Bureaucratic procedures, including excessive inspection and clearance procedures, for imports that increase the cost of imported goods (Kenya, Nigeria)
- Tariffs -- System of cascading tariffs, taxes and other import charges that taken together are cost prohibitive (India)
- Inadequate IPR Enforcement -- Inadequate enforcement of intellectual property rights leads to sales of infringing good displacing legitimate goods (China, Russia).
- Antidumping -- Lack of transparency and due process in administration of antidumping laws and regulations (India, South Africa)
- Services Restrictions -- Prohibitions on foreign participation, restrictive licensing systems, foreign equity limitations, etc. that limit or block market access in service sectors (China, Japan, Russia).
- Lack of Competition -- Industry rules are inconsistent with WTO obligations and limit competition in foreign markets (Mexico)
(See ITT Online Archives or 04/01/10 daily news, (Ref: 10040105), for BP summary of USTR announcement of 2010 NTE report being sent to Congress.)
USTR press release on the 2010 NTE report dated 03/31/10 available at http://www.ustr.gov/about-us/press-office/press-releases/2010/march/ustr-steps-enforcement-focus-first-ever-reports-agri.
USTR fact sheet on 2010 NTE report dated 03/31/10 available at http://www.ustr.gov/about-us/press-office/fact-sheets/2010/march/-2010-national-trade-estimate-report-key-elements.
USTR 2010 NTE report dated 03/31/10 available at http://www.ustr.gov/about-us/press-office/reports-and-publications/2010.