Secretariat TPR |
WT/TPR/S/350 |
S-III§39 |
United States of America |
2016 |
Measures |
Tax concessions |
Not specified |
Relevant information
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(...) Most MFN rates are identical to their bound levels and have remained virtually unchanged for 10 years or more. [31] (...)
[31] APEC leaders agreed to cut tariffs on certain environmental goods in 2012. In the United States, the general rate of duty was reduced to 5% on six tariff lines with effect from 31 December 2015 (Proclamation 9384 of 23 December 2015).
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Keywords
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Secretariat TPR |
WT/TPR/S/350 |
S-Table-III.5 |
United States of America |
2016 |
Measures |
Internal taxes |
Chemicals, Energy, Other |
Relevant information
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Table 3.5 Federal excise taxes
Fund/subject Products
Trust funds
Highway Trust Fund Petrol, diesel, and alcohol fuels; ethanol, liquid fuel, ethanol, methanol, bio-diesel, CNG, LPG, LNG, other special fuels, highway tractors, heavy trucks, trailers, tyres for heavy vehicles, highway use by heavy vehicles
Leaking Underground Storage Tank Trust Fund Excise Tax Certain fuels; methanol and ethanol fuels produced from coal
Oil Spill Liability Trust Fund Crude oil and imported petroleum products
Land and Water Conservation Fund Bows and arrows, regular firearms and ammunition, motorboat fuel
(...)
General funds
Ozone-depleting chemicals Certain CFC and related chemicals
(...)
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Keywords
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Secretariat TPR |
WT/TPR/S/350 |
S-III§57 |
United States of America |
2016 |
Measures |
Other environmental requirements |
Fisheries |
Relevant information
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United States' fisheries legislation, in particular the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) of 2006 and the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015 (which amended the High Seas Driftnet Fishing Moratorium Protection Act), provides a framework for addressing concerns regarding illegal, unreported and unregulated (IUU) fishing, bycatch of protected living marine resources, and shark conservation. Under the Moratorium Protection Act, the Secretary of Commerce, in a report to Congress, is required to identify countries whose fishing vessels have been engaged in (i) IUU fishing, (ii) bycatch of protected living marine resources where a nation has not adopted a regulatory programme to address the conservation of sharks that is comparable to that of the United States, or (iii) fishing activities on the high seas that target or incidentally catch sharks where the nation has not adopted a regulatory programme to address the conservation of sharks that is comparable to that of the United States. The identified countries are certified following a two-year consultative process. A negative certification results in the imposition of port restrictions and potential import restrictions on fish and fish products. [50]
[50] The 2015 report to Congress provided positive certifications for all ten countries (Colombia, Ecuador, Ghana, Italy, Korea (Rep. of), Mexico, Panama, Spain, Tanzania, and Venezuela (Bolivarian Republic of)) included in the previous report, as having strengthened their laws or regulations, enforcement, and monitoring systems. Simultaneously, the report identified six countries (Colombia, Ecuador, Mexico, Nicaragua, Nigeria, and Portugal) with vessels engaged in IUU fishing in 2013 and 2014 and thus to be subject to consultations and certification. Viewed at: http://www.nmfs.noaa.gov/ia/iuu/msra_page/2015noaareptcongress.pdf. The authority for preparation of the biennial report has been delegated from the Secretary of Commerce to the NOAA Assistant Administrator for Fisheries. The National Oceanic and Atmospheric Administration is scheduled to issue its next report in January 2017.
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Keywords
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Fish
Natural resources
Conservation
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Secretariat TPR |
WT/TPR/S/350 |
S-III§58 |
United States of America |
2016 |
Measures |
Other environmental requirements |
Fisheries |
Relevant information
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In June 2014, the President established a task force to develop recommendations to enhance coordination and implement a comprehensive framework to combat IUU fishing and seafood fraud. The task force provided an action plan to implement 15 recommendations on 15 March 2015. [51] Two of the recommendations address the establishment of a risk-based programme to track domestic and imported seafood from point of harvest or production to entry into U.S. commerce. In February 2016, the National Oceanic and Atmospheric Administration (NOAA Fisheries) published a proposed rule for public comment, and expected to publish a final rule in September 2016. The proposed rule would establish reporting requirements (through ACE) for imports of a set of priority species, applicable to U.S. importers. The proposed rule focuses on imports because, for the priority species selected for the programme's initial phase, equivalent information for domestic products is already being collected through existing programmes. The importer will need to keep records regarding the product's chain of custody to point of entry into U.S. commerce and make those records available to NOAA Fisheries upon request. The rule does not institute new labelling requirements.
[51] Presidential Initiative on Combating Illegal, Unreported, and Unregulated (IUU) Fishing and Seafood Fraud. Report viewed at: http://www.nmfs.noaa.gov/ia/iuu/noaa_taskforce_report_final.pdf.
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Keywords
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Secretariat TPR |
WT/TPR/S/350 |
S-III§106 |
United States of America |
2016 |
Measures |
Risk assessment |
Not specified |
Relevant information
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(...) Regulations deemed economically significant by OIRA (Office of Information and Regulatory Affairs) or by the agency itself must be accompanied by a more detailed regulatory impact analysis, including in-depth cost benefit analysis of alternative regulatory approaches. [109] (...)
[109] Executive Order 12866 defines economically significant regulatory action as any regulatory action likely to result in a rule that may "have an annual effect on the economy of US$100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities." Federal Register online information. Viewed at: http://www.archives.gov/federal-register/executive-orders/pdf/12866.pdf.
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Keywords
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Secretariat TPR |
WT/TPR/S/350 |
S-III§128 |
United States of America |
2016 |
Measures |
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Other |
Relevant information
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The Lacey Act, which combats trafficking in wildlife, fish and plants, was expanded to a broader range of plants and plant products in 2008. Lacey Act declarations (PPQ Form 505), which are mandatory for certain plants and plant products , have been required to be filed in the Automated Commercial Environment (ACE) since 31 March 2016. However, as of June 2016 many importers did not appear ready for the full range of data to be submitted to APHIS through the new "single window" approach before the end of the year.
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Keywords
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Secretariat TPR |
WT/TPR/S/350 |
S-III§129 |
United States of America |
2016 |
Measures |
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Not specified |
Relevant information
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EPA (Environmental Protection Agency) responsibilities cover, inter alia, the registration of pesticides, including herbicides and fungicides, and the establishment of tolerances (maximum residue limits – MRLs) for pesticides in food. EPA uses risk assessment to establish tolerances for each crop use of a pesticide. The list of tolerances (and exemptions) is revised annually in the Code of Federal Regulations (Chapter 40, Part 180) and daily in the electronic Code of Federal Regulations (e-CFR). As of August 2016, EPA had established approximately 277 new tolerances (permanent and temporary) since the last TPR in 2014. The tolerances are enforced by USDA for meat, poultry and certain egg products, and by the FDA for other foods.
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Keywords
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Secretariat TPR |
WT/TPR/S/350 |
S-Table-III.10 |
United States of America |
2016 |
Measures |
Export licences |
Other |
Relevant information
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Table 3.10 Items subject to export restrictions, controls, licensing, or certification
Product category Responsible agency Legal reference
Fish and wildlife, including endangered species Department of the Interior 50 CFR Part 14
(...)
Note: The programmes administered by the Department of Agriculture pertain to programmes applicable to domestic producers, exporters, and importers in the areas of food safety, organic certification, and marketing orders.
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Keywords
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Fish
Wildlife
Endangered
Organic
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Secretariat TPR |
WT/TPR/S/350 |
S-III§147 |
United States of America |
2016 |
Measures |
Other measures |
Not specified |
Relevant information
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The President's Export Council (PEC) brings together representatives of the private sector, Congress, the United States Conference of Mayors, the National Governor's Association, and officials from the Administration. The PEC presents advice and recommendations to the President (in the form of letters) on matters relating to export trade. The PEC has forwarded a total of 59 letters to the President since September 2010. At its meeting in December 2015, the Council adopted a letter outlining priorities for action in 2016. Among its recommendations, the PEC recommended the President's Administration: (...) advance the negotiations for a Trade in Services Agreement and, in the WTO, an Environmental Goods Agreement; (...)
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Keywords
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Secretariat TPR |
WT/TPR/S/350 |
S-III§149 |
United States of America |
2016 |
Measures |
Loans and financing, Non-monetary support |
Not specified |
Relevant information
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The U.S. Trade and Development Agency (USTDA) focuses on the use of U.S. goods, services, and technology in infrastructure development projects in emerging economies. USTDA sponsors activities such as feasibility studies, pilot projects, technical assistance at a project's early stages, as well as reverse trade missions, workshops/conferences and training. The activities enable the Agency's partners to approach financial institutions to fund their priority projects. The USTDA supports projects related, inter alia, to the Power Africa initiative to increase electricity access in sub-Saharan Africa, the Climate Action Plan to reduce harmful carbon emissions, and value based investments in infrastructure such as energy generation, transportation, and telecommunications. (...)
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Keywords
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