Technical regulations and standards specify a product’s characteristics (such as size, functions, and performance), how it is labeled or packaged, and testing and certification requirements before it can enter a country’s market. These measures should serve legitimate public policy goals, but the requirements can be problematic when they are overly restrictive or discriminatory and are used to inhibit trade. In cases where they are more trade-restrictive or burdensome than necessary, they are technical barriers to trade. The World Trade Organization (WTO) Agreement on Technical Barriers to Trade and our free trade agreements set rules aimed at preventing and addressing such barriers.
Identifying and Reporting TBTs to the United States Government
The United States Department of Commerce’s Trade Agreements Compliance Program is a vital part of the United States government’s efforts to reduce unfair foreign government-imposed trade barriers, including TBTs.
Barriers (tariff and non-tariff) U.S. companies face when exporting may include:
- Particularly high tariffs for certain products
- Restrictions on selling to the government of the country
- Import licensing requirements
- Anti-dumping and countervailing duty measures
- Product bans
- Any quarantine measures for agricultural products
- Foreign governments that prohibit participation in the rule-making process
- Rules that discriminate against U.S. products or are unnecessarily trade-restrictive
- Rules that are inconsistent with relevant international standards
What should you do when you identify a TBT?
For assistance with non-tariff barriers related to trade agreement non-compliance, such as standards and technical regulations-related barriers (i.e., technical barriers to trade), import licensing requirements, and government procurement and investment issues, contact the United States Department of Commerce’s Trade Agreements Compliance Program at [email protected], (202) 482-1191, or tcc.export.gov/Report_a_Barrier/index.asp. Provide the following information from your organization to help assess the barrier:
- A translated copy of the technical regulation.
- Identification of the problematic areas, and explanation of why they are problematic.
- Background on how the standards and procedures differ from those to which your organization complies.
- Information about how your organization may be negatively affected, including the dollar value if possible.
Possible options for resolution
Seeking voluntary compliance through relevant trade agreements, diplomatic resources, and advocacy from high-level officials is the preferred option to remove trade barriers in a commercially meaningful time frame. The action plan will be tailored to the case and country, and always in concert with the reporting company/industry.
Resolving TBTs at the WTO
The TBT Committee meets three times a year and USTR leads the United States delegation to engage trading partners to remove specific TBTs, by raising these barriers either bilaterally or on the floor in front of other WTO members. This process gives a chance for the United States’ trading partners to come into compliance.
Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.
