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Foreign Policy Barriers to Digital Trade to be Examined by ITC

Thursday, May 04, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted the second and third of three investigations to examine uses of new digital technologies for U.S. firms and the impact of foreign policy barriers to digital trade on the competitiveness of U.S. firms in international markets. The reports in these investigations will provide an update and extension of the analysis presented in two earlier ITC reports, which can be accessed here and here.

The two new investigations will analyze measures that affect the ability of U.S. firms to develop or supply business-to-business and business-to-consumer digital products and services to customers abroad. They will also assess the impact of such measures on the competitiveness of U.S. firms supplying digital products and services as well as on international trade and investment flows. The ITC intends to hold public hearings and seek public comments in connection with these investigations in spring 2018 and to submit its confidential reports to the Office of the U.S. Trade Representative by Oct. 29, 2018, and March 29, 2019, respectively.

The first investigation in this series, which was initiated in March, will assess the rate of adoption of digital technologies in the U.S. and foreign markets, with further study of the importance of both domestic and cross-border data flows. It will also describe regulatory and policy measures in important markets abroad that may impede digital trade. A report is expected to be delivered to USTR by Aug. 29 and released to the public soon thereafter.

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