                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
              SUBCHAPTER I--NEGOTIATING AND OTHER AUTHORITY
 
   Part 8--Identification of Market Barriers and Certain Unfair Trade 
                                 Actions
 
Sec. 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
---------------------------------------------------------------------------
    \1\ So in original. The semicolon probably should be a comma.
---------------------------------------------------------------------------
                (iii) United States electronic commerce,\2\
---------------------------------------------------------------------------
    \2\ So in original. The comma probably should be a semicolon.

            (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--
                (i) the value of additional goods and services of the 
            United States,
                (ii) the value of additional foreign direct investment 
            by United States persons, and
                (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.
---------------------------------------------------------------------------
    \3\ So in original.
---------------------------------------------------------------------------

     (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--
            (A) the relative impact of the act, policy, or practice on 
        United States commerce;
            (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
            (E) the actual increase in--
                (i) the value of goods and services of the United States 
            exported to,
                (ii) the value of foreign direct investment made in, and
                (iii) the value of electronic commerce transacted with,

        the foreign country during the calendar year for which the 
        estimate under paragraph (1)(C) is made.

                  (3) Annual revisions and updates

        The Trade Representative shall annually revise and update the 
    analysis and estimate under paragraph (1).

(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--
            (A) any action under section 2411 of this title,
            (B) negotiations or consultations with foreign governments, 
        or
            (C) a section on foreign anticompetitive practices, the 
        toleration of which by foreign governments is adversely 
        affecting exports of United States goods or services.

      (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.

          (2) Restrictions on release or use of information

        Nothing in this subsection shall authorize the release of 
    information to, or the use of information by, the Trade 
    Representative in a manner inconsistent with law or any procedure 
    established pursuant thereto.

                     (3) Personnel and services

        The head of any department, agency, or instrumentality of the 
    United States may detail such personnel and may furnish such 
    services, with or without reimbursement, as the Trade Representative 
    may request to assist in carrying out his functions.

(d) Electronic commerce

    For purposes of this section, the term ``electronic commerce'' has 
the meaning given that term in section 1104(3) of the Internet Tax 
Freedom Act.

(Pub. L. 93-618, title I, Sec. 181, as added Pub. L. 98-573, title III, 
Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001; amended Pub. L. 100-418, 
title I, Sec. 1304, Aug. 23, 1988, 102 Stat. 1181; Pub. L. 103-465, 
title III, Secs. 311(a), 312, Dec. 8, 1994, 108 Stat. 4938; Pub. L. 105-
277, div. C, title XII, Sec. 1202, Oct. 21, 1998, 112 Stat. 2681-726.)

                       References in Text

    Section 1104(3) of the Internet Tax Freedom Act, referred to in 
subsec. (d), is set out in a note under section 151 of Title 47, 
Telegraphs, Telephones, and Radiotelegraphs.


                               Amendments

    1998--Subsec. (a)(1)(A)(iii). Pub. L. 105-277, Sec. 1202(1)(A), 
added cl. (iii).
    Subsec. (a)(1)(C). Pub. L. 105-277, Sec. 1202(1)(B), added cl. (iii) 
and inserted ``or transacted with,'' after ``or invested in'' in 
concluding provisions.
    Subsec. (a)(2)(E)(iii). Pub. L. 105-277, Sec. 1202(2), added cl. 
(iii).
    Subsec. (d). Pub. L. 105-277, Sec. 1202(3), added subsec. (d).
    1994--Subsec. (b)(2)(C). Pub. L. 103-465, Sec. 311(a)(1), added 
subpar. (C).
    Subsec. (b)(3). Pub. L. 103-465, Sec. 312, inserted at end ``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.''
    Subsec. (c)(1). Pub. L. 103-465, Sec. 311(a)(2), inserted at end 
``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.''
    1988--Pub. L. 100-418, Sec. 1304(a)(10), substituted ``Estimates 
of'' for ``Actions concerning'' in section catchline.
    Subsec. (a)(1). Pub. L. 100-418, Sec. 1304(a)(1), substituted ``For 
calendar year 1988, and for each succeeding calendar year,'' for ``Not 
later than the date on which the initial report is required under 
subsection (b)(1) of this section,''.
    Pub. L. 100-418, Sec. 1304(a)(9), which directed the insertion of 
``and with the assistance of the interagency advisory committee 
established under section 2171(d)(2) of this title,'' after ``section 
1872(a) of this title,'' was executed by making the insertion after 
``section 1872(a) of this title'' to reflect the probable intent of 
Congress.
    Subsec. (a)(1)(A). Pub. L. 100-418, Sec. 1304(a)(2), inserted ``of 
each foreign country'' after ``or practices''.
    Subsec. (a)(1)(C). Pub. L. 100-418, Sec. 1304(a)(3)-(5), added 
subpar. (C).
    Subsec. (a)(2)(E). Pub. L. 100-418, Sec. 1304(a)(6)-(8), added 
subpar. (E).
    Subsec. (b)(1). Pub. L. 100-418, Sec. 1304(b), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``On or before 
the date which is one year after October 30, 1984, and each year 
thereafter, the Trade Representative shall submit the analysis and 
estimate under subsection (a) of this section to the Committee on 
Finance of the Senate and to the Committee on Ways and Means of the 
House of Representatives.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-465 effective on the date on which the WTO 
Agreement enters into force with respect to the United States [Jan. 1, 
1995], see section 316 of Pub. L. 103-465, set out as an Effective Date 
note under section 3581 of this title.


                              Severability

    Pub. L. 105-277, div. C, title XII, Sec. 1206, Oct. 21, 1998, 112 
Stat. 2681-728, provided that: ``If any provision of this title 
[amending this section and enacting provisions set out under this 
section], or any amendment made by this title, or the application of 
that provision to any person or circumstance, is held by a court of 
competent jurisdiction to violate any provision of the Constitution of 
the United States, then the other provisions of that title, and the 
application of that provision to other persons and circumstances, shall 
not be affected.''


                     Construction of 1998 Amendments

    Pub. L. 105-277, div. C, title XII, Sec. 1204, Oct. 21, 1998, 112 
Stat. 2681-728, provided that: ``Nothing in this title [amending this 
section and enacting provisions set out under this section] shall be 
construed to expand the duty of any person to collect or pay taxes 
beyond that which existed immediately before the date of the enactment 
of this Act [Oct. 21, 1998].''
    Pub. L. 105-277, div. C, title XII, Sec. 1205, Oct. 21, 1998, 112 
Stat. 2681-728, provided that: ``Nothing in this title [amending this 
section and enacting provisions set out under this section] shall limit 
or otherwise affect the implementation of the Telecommunications Act of 
1996 (Public Law 104-104) [see Short Title of 1996 Amendment note set 
out under section 609 of Title 47, Telegraphs, Telephones, and 
Radiotelegraphs] or the amendments made by such Act.''


 Declaration That the Internet Should Be Free of Foreign Tariffs, Trade 
                    Barriers, and Other Restrictions

    Pub. L. 105-277, div. C, title XII, Sec. 1203, Oct. 21, 1998, 112 
Stat. 2681-727, provided that:
    ``(a) In General.--It is the sense of Congress that the President 
should seek bilateral, regional, and multilateral agreements to remove 
barriers to global electronic commerce through the World Trade 
Organization, the Organization for Economic Cooperation and Development, 
the Trans-Atlantic Economic Partnership, the Asia Pacific Economic 
Cooperation forum, the Free Trade Area of the America, the North 
American Free Trade Agreement, and other appropriate venues.
    ``(b) Negotiating Objectives.--The negotiating objectives of the 
United States shall be--
        ``(1) to assure that electronic commerce is free from--
            ``(A) tariff and nontariff barriers;
            ``(B) burdensome and discriminatory regulation and 
        standards; and
            ``(C) discriminatory taxation; and
        ``(2) to accelerate the growth of electronic commerce by 
    expanding market access opportunities for--
            ``(A) the development of telecommunications infrastructure;
            ``(B) the procurement of telecommunications equipment;
            ``(C) the provision of Internet access and 
        telecommunications services; and
            ``(D) the exchange of goods, services, and digitalized 
        information.
    ``(c) Electronic Commerce.--For purposes of this section, the term 
`electronic commerce' has the meaning given that term in section 1104(3) 
[probably means Pub. L. 105-277, div. C, title XI, Sec. 1104(3), set out 
in a note under section 151 of Title 47, Telegraphs, Telephones, and 
Radiotelegraphs].''

                  Section Referred to in Other Sections

    This section is referred to in sections 2114a, 2171, 2242, 2420, 
2901, 3106 of this title; title 15 section 4711; title 22 sections 
2200b, 5732; title 49 section 50104.
