§ 2241. Estimates of barriers to market access
(a)
National trade estimates
(1)
In general
For 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] and
(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—
(iii)
the value of additional United States electronic commerce,
that would have been exported to, or invested in or transacted with,,[3] 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 estimate
In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account—
(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
(b)
Reports
(1)
In general
On or before April 30, 1989, and on or before March 31 of each succeeding calendar year, the Trade Representative shall submit a report on the analysis and estimates made under subsection (a) of this section for the calendar year preceding such calendar year (which shall be known as the “National Trade Estimate”) to the President, the Committee on Finance of the Senate, and appropriate committees of the House of Representatives.
(2)
Reports to include information with respect to action being taken
The 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—
(3)
Consultation with Congress on trade policy priorities
The Trade Representative shall keep the committees described in paragraph (1) currently informed with respect to trade policy priorities for the purposes of expanding market opportunities. After the submission of the report required by paragraph (1), the Trade Representative shall also consult periodically with, and take into account the views of, the committees described in that paragraph regarding means to address the foreign trade barriers identified in the report, including the possible initiation of investigations under section
2412 of this title or other trade actions.
(c)
Assistance of other agencies
(1)
Furnishing of information
The head of each department or agency of the executive branch of the Government, including any independent agency, is authorized and directed to furnish to the Trade Representative or to the appropriate agency, upon request, such data, reports, and other information as is necessary for the Trade Representative to carry out his functions under this section. In preparing the section of the report required by subsection (b)(2)(C) of this section, the Trade Representative shall consult in particular with the Attorney General.
(d)
Electronic commerce
For purposes of this section, the term “electronic commerce” has the meaning given that term in section 1104(3) [4] of the Internet Tax Freedom Act.
[1] So in original. The semicolon probably should be a comma.
[2] So in original. The comma probably should be a semicolon.
[3] So in original.
[4] So in original. See References in Text note below.