March 2001 News

USTR Releases 2001 Inventory of Trade Barriers

On March 30, USTR released the 2001 National Trade Estimate Report on Foreign Trade Barriers, which catalogues foreign trade barriers to U.S. exports. The report also highlights examples of U.S. trading partners reducing, or eliminating, trade barriers. View the USTR press release (no longer available) View the 2001 National Trade Estimate Report (no longer available)

Nigeria: Changes in Tariff Schedule

On January 31, the Ministry of Finance issued a little noticed addendum to its January 4 tariff implementation decree. The addendum contains tariff hikes and cuts on a variety of agricultural commodities, raw material inputs and equipment (e.g. tractors, where duties were cut to zero percent), some of which had just been adjusted in early January with the rollout of the 2001 budget. The new tariffs will likely impact the textile and apparel sectors. In addition, new tariff levels are established on other items not targeted in the first decree. Some U.S. food exporters may suffer lost sales opportunities due to higher tariffs on hatchable and table eggs, fruit juices, fresh fruit (such as apples and pears), and prepared foods such as breakfast cereals.

Request for Comments: Suspension of GSP Status for Ukraine

The U.S. Government is considering whether to suspend, in whole or in part, duty-free treatment accorded to imports from Ukraine under the U.S. GSP program on the ground that Ukraine has not taken sufficient steps to protect intellectual property rights. The final date for public comments on this matter is April 25, 2001.

View the FR notice

Denmark: Parliament Approves Bill to Amend IPR Regime

On March 20, the Danish parliament overwhelmingly approved a bill to amend Denmark's intellectual property rights (IPR) regime. The bill now goes to Queen Margrethe II for signature. The IPR amendments will enter into force on April 1, 2001. Passage of the measure came in spite of considerable opposition from the Danish bar. Both IPR issues in which Denmark was featured in the 2000 National Trade Estimate and Trade Act reports -- TRIPs compliance and payment of photocopying royalties - - have been resolved now.

USTR Announces Resolution of WTO Dispute with Greece on Television Piracy

On March 22, United States Trade Representative Robert B. Zoellick announced that the United States and Greece have formally resolved their World Trade Organization (WTO) dispute over television piracy. This case concerned the Greek Government’s failure to enforce its intellectual property laws effectively against television stations that broadcast U.S. copyrighted works without authorization. (links no longer available) View the USTR press release HTML - PDF

Additions to TARA Agreements

The TCC has updated some of the agreements in its Trade and Related Agreements (TARA) database. For NAFTA Chapter 10, Article 1001 (Government Procurement) the TCC has updated the threshold values for procurements by federal government entities and government enterprises For NAFTA Rules of Origin, Annex 401, the TCC has added a link to NAFTA-specific rules of origin. For the Japan Science and Technology Agreement, the TCC has added the July 1999 protocol extending and amending the agreement.

Central Europe: Evolving Product Standards

U.S. exporters should be aware that significant changes are underway in the standards and certification procedures throughout Central and Eastern Europe (CEE). Exporters can consult CEEBICnet ( for updates on information and work with the Department of Commerce’s Market Access and Compliance Division (MAC) and the Foreign Commercial Service in CEE countries to navigate through the changing rules. For more information, view Evolving Product Standards in Central Europe

Additions to TARA Agreements

The TCC has updated some of the agreements in its Trade and Related Agreements (TARA) database . For the Mexico Fresh Tomatoes Antidumping Investigation Suspension Agreement, the TCC has added a link to an amendment which established new reference prices and provided for enhanced enforcement of the suspension agreement. View the amendment For the Japan Enhanced Initiative on Deregulation and Competition Policy, the TCC has added a link to the U.S.G.'s October 12, 2000 submission to Japan. View the submission For the WTO General Agreement on Trade in Services, the TCC has added links to the Fourth and Fifth Protocols to the General Agreement on Trade in Services. View the Fourth and Fifth Protocols to the General Agreement on Trade in Services

Brazil: Interministerial Committee to Combat Copyright Piracy

On March 13, President Cardoso signed a long-sought Presidential Decree establishing an interministerial committee to combat copyright piracy (published in the Diario Official on March 14). The purpose of the committee, according to GOB officials, will be to provide guidance among law enforcement agencies, both at the federal and local levels; coordinate anti-piracy efforts among disparate agencies; raise public awareness; hear the concerns of the private sector; and consider legislative changes to strengthen copyright protection. The committee will be headed by a Ministry of Justice official and include representatives from the Ministries of Foreign Affairs, Science and Technology, Development, Finance, Culture, and Justice (to include the Federal Police and the National Secretariat for Public Security). According to official sources, an official from the Public Security Secretariat will likely chair the body. View the Presidential Decree (unofficial translation). TEXT (no longer available)

Lithuania: Ratification of WIPO Copyright Treaty

On March 12, the Lithuanian Seimas ratified the World Intellectual Property Organization (WIPO) Copyright Treaty (WCT). Lithuania had previously ratified the WIPO Performances and Phonograms Treaty (WPPT) in 2000, and deposited its instrument of ratification for the WPPT in Geneva earlier this year. On 15 March, the Lithuanian Ministry of Foreign Affairs Economic Department reported that Lithuania will deposit its instrument of ratification for the WCT within the next month.

South Africa: Determination Under the African Growth and Opportunity Act

USTR has determined that imports of eligible products from South Africa qualify for the enhanced trade benefits provided under the African Growth and Opportunity Act.

View the USTR press release (off-site links) TEXT

View the USTR press release (off-site links) PDF

Madagascar: Determination Under the African Growth and Opportunity Act

USTR has determined that imports of eligible products from Madagascar qualify for the enhanced trade benefits provided under the African Growth and Opportunity Act.

View the Federal Register notice (off-site links) TEXT

View the Federal Register notice (off-site links) PDF

Intellectual Property Protection and Service Barriers Questions added to the TCC's Market Access and Compliance Self Administered Checklist

The TCC launched in December 2000 a Self Administered Checklist of trade barriers which assists exporter's examination of potential unfair trade practices. The checklist's issues (which range from tariff and customs barriers to excessive testing or licensing fees) are hyper linked to questions that allow companies to more easily discern what is a market access or agreements compliance issue, what kind of questions they should be asking themselves if they are facing such problems, and where they can lodge a complaint. Recently, intellectual property protection and service barrier questions were added to the checklist.

Mexico: Proposed Standards (February 26 to March 9, 2001)

View recently proposed and enacted Mexican Government standards

USTR 2001 Trade Policy Agenda, 2000 Annual Report

On March 6, President Bush transmitted to Congress the 2001 Trade Policy Agenda and the 2000 Annual Report on the Trade Agreements Program. Prepared pursuant to the Trade Act of 1974 (as amended), the document outlines the Bush Administration’s guiding principles and trade priorities for the year ahead and reviews the principal trade policy developments of 2000. (links no longer available) View the Annual Report View the USTR press release

China: Tariff Cuts on U.S. Priority Products

China's State Council agreed to slash tariff rates on many important U.S. exports, effective January 1, 2001. The overall tariff level fell from 16.4 percent to 15.3 percent. The rate for passenger cars fell from 80 percent to 70 percent for small cars (engine size less than 2500cc) and from 100 percent to 80 percent for larger cars. U.S. wine and spirits become more competitively priced in China, with a 14-percent decline in tariff rates to 56 percent. In accordance with the 1997 U.S.-China Textile Agreement, textile tariffs dropped to 21.1 percent. Internet telecommunications equipment received a temporary three-percent tariff rate (normally subject to a 15-percent import duty). Likewise, over 500 other items -- mostly parts and machinery -- received temporary tariff reductions.

China: US Company Presents IPR Award to Sichuan's Copyright Administration

On February 26, U.S. IT firm Autodesk presented a plaque to Li Zhengpei, administrator of Sichuan's Copyright Administration, to thank the agency for its continuing successful efforts to protect intellectual property rights. In accepting the award, Mr. Li said that an attractive investment environment in Sichuan depended on good IPR enforcement, noting that investment in Sichuan was an important priority under the Western Development Initiative. As a demonstration of the importance attached to IPR, he pointed to the fact that, although the Copyright Administration was required to reduce its personnel last year in conformity with national policy, the administration's percentage reductions were proportionately less than other provincial government offices'.

Saudi Arabia: Shedding Light on Negative Investment List

According to an unofficial translation of the February 13 decision by the Supreme Economic Council (SEC), there are 22 fields of activities from which foreign investment is excluded. However, an SAG official advised investors not to lose track of the fact the new investment law adopted last April was a big step forward, providing as it did for 100 percent foreign ownership and a cut in taxes. This official said that the SAG would have liked the negative list to be shorter and would prefer not to have to wait for an annual review to cut it back. But, the activities on the negative list were based on recommendations from ministries and departments on which sectors should be closed now. Commenting on the sectors closed to foreign investment, the official said that 100 percent or wholly owned foreign investments are excluded from these activities, except in cases where no foreign investment was previously allowed. In other words, joint ventures with minority foreign shares could invest in most, but not all, of these sectors. No foreign investors would be permitted to invest in real estate in the holy cities. He noted that the Saudi Arabian General Investment Authority would have to clarify what the negative list means in practice, although "legally it is clear." Regarding the distribution sector, the official said the SAG wanted to give preference to Saudi investors.

Request for Comments: Priority Foreign Country Practices ("Super 301") and Foreign Countries Engaging in Discriminatory Procurement Practices ("Title VII")

USTR is reviewing U.S. trade expansion priorities and identifying priority foreign country practices, the elimination of which is likely to have the most significant potential to increase U.S. exports. USTR is also identifying foreign countries engaging in discriminatory government procurement practices. USTR is requesting written submissions from the public concerning practices that should be considered by the USTR for these purposes. The deadline for submitting these comments is 12:00 noon on March 26.

View the FR notice in TEXT (off site link)