USTR Requests Comments on Foreign Trade Barriers for 2027 NTE Report

Published Sept. 14, 2026

Key Points

• USTR is requesting comments to identify significant foreign trade barriers and distortions for the 2027 National Trade Estimate (NTE) Report.
• Submit documents through Regulations.gov under Docket No. USTR-2026-0498 by October 29, 2026, at 11:59 p.m. EDT.
• USTR seeks information on barriers affecting U.S. exports of goods and services, U.S. foreign direct investment, and U.S. electronic commerce.
• Topics include import policies, customs barriers, technical barriers, sanitary and phytosanitary measures, services, investment, subsidies, and duty evasion, circumvention, and transshipment.
• Comments may address the export markets listed in the notice, as well as other markets with significant barriers or distortions.

T​​​​​​​​​​​​​he Office of the United States Trade Representative (USTR) is requesting comments to help prepare the 2027 National Trade Estimate Report on Foreign Trade Barriers, as outlined in the Federal Register notice. The agency seeks information on significant foreign barriers or distortions affecting U.S. exports of goods and services, foreign direct investment, and electronic commerce. USTR will consider the comments when determining which barriers to include in the report. Comments are due by October 29, 2026, at 11:59 p.m. EDT.

What Information Is USTR Seeking?

USTR is seeking comments on foreign trade barriers involving:

1. Import policies: Tariffs, import charges, quantitative restrictions, import licensing, customs barriers, trade facilitation, customs valuation, tax policies, and other market access barriers.
2. Technical barriers to trade: Standards, labeling, conformity assessment procedures, technical regulations, and discriminatory practices.
3. Sanitary and phytosanitary measures: Measures that unnecessarily restrict trade, are not based on science, or lack sufficient scientific evidence.
4. Government procurement: Policies that exclude U.S. goods or services, closed bidding, and nontransparent bidding processes.
5. Intellectual property protection: Patent, copyright, trade secret, and trademark regimes and enforcement.
6. Services: Foreign participation restrictions, discriminatory licensing or regulatory standards, local-presence requirements, cross-border data flows, digital products, internet-enabled services, and technology requirements.
7. Investment: Foreign equity limits, access to government-funded research and development programs, local content and joint venture requirements, technology transfer, export performance requirements, and restrictions on repatriating earnings, capital, fees, or royalties.
8. Subsidies: Export subsidies and import substitution subsidies.
9. Anticompetitive practices: Government-tolerated conduct that restricts or distorts trade, abuse of competition laws, and fairness or due process concerns in competition proceedings.
10. State-owned enterprises: Subsidies, noncommercial advantages, discriminatory practices, and actions inconsistent with commercial considerations.
11. Other non-market policies and practices: Industrial plans, domestic purchasing preferences, non-market excess capacity, and discriminatory regulatory practices.
12. Labor: Significant violations of internationally recognized labor rights or practices that suppress wages and affect trade or investment.
13. Environment: Weak or unenforced environmental laws, environmental degradation, illegal harvesting or trade of natural resources, and other harmful practices affecting trade or investment.
14. Duty evasion, circumvention, and transshipment: Undervaluation, misclassification, smuggling, temporary import schemes, transshipment, and policies supporting or funding duty evasion.
15. Other barriers: Significant barriers or distortions not covered by the other categories, including those affecting a specific sector.

Commenters should provide the titles of relevant laws or measures, where available, and describe the concerns related to the identified barriers or distortions. USTR asks commenters to emphasize practices that may violate U.S. trade agreements.

Export Markets

USTR is seeking information on significant trade barriers or distortions affecting U.S. exports across a broad range of markets. The list includes Canada, China, Mexico, the European Union, India, Japan, Korea, the Philippines, Taiwan, Thailand, Vietnam, the United Kingdom, and many other markets. USTR will also consider comments addressing significant barriers or distortions in export markets not listed in the notice.

Section 1377 Telecommunications Review

USTR will also consider responses as part of its annual review under Section 1377 of the Omnibus Trade and Competitiveness Act of 1988. The review examines whether foreign governments are complying with telecommunications trade agreement obligations or denying mutually advantageous market opportunities to U.S. telecommunications products or services suppliers. USTR will highlight ongoing and emerging barriers to U.S. telecommunications exports in the 2027 NTE Report.

Estimate of Increase in Exports

USTR asks commenters to estimate the potential increase in U.S. exports, foreign direct investment, or electronic commerce that could result from removing an identified foreign trade barrier.

Where possible, comments should include the methodology used to calculate the estimate. USTR asks commenters to use one of these ranges:

1. Less than $25 million
2. $25 million to $100 million
3. $100 million to $500 million
4. More than $500 million

Submission Deadline and Procedures

• Submit comments through Regulations.gov using Docket No. USTR-2026-0498 by October 29, 2026, at 11:59 p.m. EDT. All submissions must be in English.
• Submit comments
• USTR prefers comments as an attached Microsoft Word (.doc) or PDF document rather than text entered directly in the form.
• The first page should identify “Comments Regarding Foreign Trade Barriers to U.S. Exports for 2027 Reporting—[name of country or countries discussed].”
• Provide a separate attachment for each country discussed and submit only one submission.
• Keep the Regulations.gov tracking number as confirmation that your submission was received.
• USTR may not consider submissions that do not follow these requirements.
• If you cannot submit through the requested method, contact ForeignTradeBarriersReport@ustr.eop.gov or 202-395-3475 before the deadline to arrange an alternative method.

For submissions containing business confidential information (BCI), the filer must certify that the information is business confidential and would not customarily be released publicly. Electronic BCI files must begin with “BCI”, and each page containing BCI must be marked “BUSINESS CONFIDENTIAL.” A public version must also be submitted, with its file name beginning with “P.”

USTR will post written submissions to the public docket for inspection, except for properly designated business confidential information (BCI). Comments can be viewed on Regulations.gov using Docket No. USTR-2026-0498.

How GHY Can Help?

GHY specializes in helping businesses navigate and reduce the impacts of tariffs through strategic solutions tailored to their needs. Our experts can audit your supply chain to identify inefficiencies, uncover cost-saving opportunities, and ensure compliance with evolving trade regulations. We also employ tariff engineering techniques to optimize product classification and sourcing strategies, minimizing duty exposure and maximizing profitability.

By partnering with GHY, your business gains access to the tools and expertise needed to streamline operations and stay competitive in a challenging trade environment.

Contact Us Today! Booking a Meeting, email consult@ghy.com, or call +1 (800) 667-0771.