Office of the United States Trade Representative 2023 – Federal Register Recent Federal Regulation Documents

In prior notices, the U.S. Trade Representative modified the actions in the Section 301 investigation of China's acts, policies and practices related to technology transfer, intellectual property and innovation by excluding from additional duties certain products of China. In September 2023, the U.S. Trade Representative determined to extend 352 previously reinstated exclusions and 77 COVID-related exclusions through December 31, 2023. This notice announces the U.S. Trade Representative's determination to extend for five months, through May 31, 2024, these same exclusions. This notice also announces that USTR is opening of a docket for public comments on whether to further extend particular exclusions.

In accordance with the Harmonized Tariff Schedule of the United States (HTSUS), the Office of the United States Trade Representative (USTR) is providing notice of its determinations of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia and Panama. The level of a country's trade surplus in these goods relates to the quantity of sugar and syrup goods and sugar-containing products for which the United States grants preferential tariff treatment under (i) the United States-Chile Free Trade Agreement (Chile FTA); (ii) the United States-Morocco Free Trade Agreement (Morocco FTA); (iii) the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR); (iv) the United States-Peru Trade Promotion Agreement (Peru TPA); (v) the United States-Colombia Trade Promotion Agreement (Colombia TPA); and (vi) the United States-Panama Trade Promotion Agreement (Panama TPA). In the Federal Register of December 13, 2023, The Office of the U.S. Trade Representative published a document that omitted information. This document corrects that notice.

The U.S. Trade Representative has determined the U.S. dollar procurement thresholds to implement certain U.S. trade agreement obligations, as of January 1, 2024, for calendar years 2024 and 2025.

The Office of the United States Trade Representative (USTR) is providing notice of country-by-country reallocations of the fiscal year (FY) 2024 in-quota quantity of the World Trade Organization (WTO) tariff-rate quota (TRQ) for imported raw cane sugar.

Pursuant to authority delegated by the President, the U.S. Trade Representative had determined to waive U.S. discriminatory procurement laws with respect to goods and services of North Macedonia to implement U.S. obligations under the Agreement on Government Procurement (GPA).

The interagency Trade Policy Staff Committee (TPSC) sought public comments to assist USTR in the preparation of its annual report to Congress on China's compliance with its obligations as a Member of the World Trade Organization (WTO). USTR is canceling the public hearing that was scheduled to take place on October 4, 2023.

USTR is announcing that its fiscal year (FY) 2021 service contract inventory is publicly available.

The Office of the United States Trade Representative (USTR), through the Trade Policy Staff Committee (TPSC), publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report) each year. USTR invites comments to assist it and the TPSC in identifying significant foreign barriers to, or distortions of, U.S. exports of goods and services, U.S. foreign direct investment, and U.S. electronic commerce for inclusion in the NTE Report. USTR also will consider responses to this notice as part of the annual review of the operation and effectiveness of all U.S. trade agreements regarding telecommunications products and services that are in force with respect to the United States.

On June 12, 2023, USTR requested comments on how to design trade and investment policy to expand the benefits of trade to underserved and marginalized communities in the United States and trading partners that share concerns about rising inequality. To develop inclusive objectives and positions in all trade and investment policy areas for both enhanced engagement and subsequent negotiations, USTR is extending the 60-day comment period.

The Office of the United States Trade Representative (USTR) requests comments that identify online and physical markets to be considered for inclusion in the 2023 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List). The Notorious Markets List identifies examples of online and physical markets that reportedly engage in or facilitate substantial copyright piracy or trademark counterfeiting. The issue focus for the 2023 Notorious Markets List will examine the potential health and safety risks posed by counterfeit goods.

The interagency Trade Policy Staff Committee (TPSC) is seeking public comment to assist the Office of the United States Trade Representative (USTR) in the preparation of its annual report to Congress on China's compliance with its obligations as a Member of the World Trade Organization (WTO). This notice includes the schedule for the submission of comments to the TPSC for the China report and a public hearing.

On July 24, 2023, the Office of the United States Trade Representative (USTR) held a virtual public hearing to receive oral testimony related to the annual review of the eligibility of sub- Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). USTR is accepting post-hearing comments until August 8, 2023.

The U.S. Trade Representative has to submit a report to Congress regarding the operation of the Caribbean Basin Initiative (CBI) on or before December 31, 2023. The Trade Policy Staff Committee (TPSC) invites comments concerning the operation of the CBI, including the performance of each beneficiary country, to assist in preparing the report to Congress on the operation of the CBI program.

The Office of the United States Trade Representative is providing notice of allocations of the Fiscal Year (FY) 2024 (October 1, 2023 through September 30, 2024) in-quota quantity of the tariff- rate quotas (TRQs) for imported raw cane sugar, certain sugars, syrups and molasses (also known as refined sugar), specialty sugar, and sugar- containing products.

Since entry into force of the United States-Mexico-Canada Agreement (USMCA), the United States, Canada, and Mexico (the Parties) have focused the work of the North American Competitiveness Committee (Committee) on expanding trilateral cooperation on North American workforce development issues and establishing mechanisms for cooperation during emergency situations that affect North American trade flows, including by establishing a joint understanding of critical infrastructure priorities in North America. USTR is seeking public comments and recommendations for these and potential additional workstreams for the Committee relevant to enhancing North American competitiveness. USTR is extending the deadline to submit comments by 30 days, until August 17, 2023.

The Interagency Labor Committee for Monitoring and Enforcement (Committee) publishes in the Annex to this notice the final revised procedural guidelines for submissions by the public of information with respect to potential failures of Canada or Mexico to implement their labor obligations under the United States-Mexico-Canada Agreement (USMCA or Agreement). These procedural guidelines include revisions that respond to comments received and minor technical clarifications.

On May 17, 2023, USTR announced the extension of 77 COVID exclusions through September 30, 2023. To conform with the tariff classifications set out by Customs and Border Protection (CBP) effective November 30, 2020, and changes to statistical reporting categories set out by the U.S. International Trade Commission (USITC) effective January 27, 2022, USTR is making conforming amendments to four exclusions in the May 17, 2023 notice.

The Parties to the United States-Mexico-Canada Agreement (USMCA) intend to hold the second meeting of the Labor Council on June 28-29, 2023. The meeting will include a closed in-person government-to- government Labor Council session in Mexico City, Mexico, and a virtual public session on implementation of the USMCA labor chapter. The Office of the United States Trade Representative (USTR) and the U.S. Department of Labor (DOL) invite comments and questions from the public in advance of the virtual public session.

The Office of the United States Trade Representative (USTR) is announcing the initiation of the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The AGOA Implementation Subcommittee of the Trade Policy Staff Committee (AGOA Subcommittee) is requesting written public comments for this review and will conduct a virtual public hearing on this matter. In developing its recommendations for the President on AGOA country eligibility for calendar year 2024, the AGOA Subcommittee will consider the written comments, written testimony, and oral testimony.

The Office of the United States Trade Representative (USTR) is providing notice of country-by-country reallocations of the fiscal year (FY) 2023 in-quota quantity of the World Trade Organization (WTO) tariff-rate quota (TRQ) for imported raw cane sugar.

This notice makes one conforming amendment and one technical amendment to the reinstated exclusions in the Section 301 investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.