United States of America Member profile
Status of notification in the reporting periods
2010-2012
2012-2014
2014-2016
2016-2018
2018-2020
2020-2022
2022-2024
2024-2026
Notification information
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United States of America
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22/10/2024
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2024-2026
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United States of America
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01/10/2022
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2022-2024
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United States of America
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17/03/2022
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2020-2022
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United States of America
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13/09/2021
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2020-2022
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United States of America
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28/01/2021
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2020-2022
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United States of America
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01/10/2020
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2020-2022
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United States of America
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31/08/2020
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2018-2020
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United States of America
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13/05/2020
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2018-2020
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United States of America
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30/09/2018
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2018-2020
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United States of America
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30/09/2016
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2016-2018
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United States of America
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30/09/2014
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2014-2016
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United States of America
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03/10/2012
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2012-2014
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Types of restrictions
All biennial periods and all notifications
Top 10 HS chapters notified
All biennial periods and all notifications
Top 10 WTO justifications notified
All biennial periods and all notifications
Top 10 Non-WTO commitments notified
All biennial periods and all notifications
QR details
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Trade policy review
Latest Trade Policy Review (Report by the WTO Secretariat): WT/TPR/S/434/Rev.1
A. Import prohibitions and restrictions and import licensing
3.60.
The American Innovation and Manufacturing (AIM) Act of 2020 (42 U.S.C. 7675) contains provisions for the phasedown of production and consumption of hydrofluorocarbons (HFCs) by 85% by 2036.[190] As of 1 January 2022, entities are required to expend allowances established by the Environmental Protection Agency (EPA) when HFCs are produced and imported, with limited exceptions. New regulations setting up the allocation and trading program have recently been issued and provide for producers and importers to receive allowances based on their historical production and import volumes; a set-aside pool is also being created for a limited set of entities.[191]
3.70.
The United States updated or created new sanction measures during the review period including the implementation of new sanctions required by recent Congressional legislation and Executive Orders. OFAC actions during the review period are publicly available at https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions.
3.69.
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the U.S. State Department administer and enforce a variety of economic and trade sanctions programs designed to protect U.S. national security interests. The programs include outright prohibitions or restrictions on transactions involving certain sanctioned jurisdictions, governments, companies, and individuals that may affect import and export activities. The number of sanctioned programs and parties changes from time to time, and OFAC may issue licenses to permit otherwise prohibited transactions. The OFAC website lists the current sanctions programs, regulations, guidance, broadly applicable licenses, and a searchable database of sanctioned party lists.[203]
3.68.
The AIM system was implemented by USDOC through authority under the Census Act, as amended (13 U.S.C. 301(a) and 302), and pursuant to the joint understandings with Canada and Mexico on Section 232 Duties on Steel and Aluminum in order to facilitate the monitoring of aluminum imports, including import surges, and to prevent transhipment.[201] The AIM system was modelled on the SIMA system, which was amended during the period, although the United States has monitored imported steel products through licenses since 2002. The main changes to the SIMA system were to: (i) require the identification of the country where the steel used in the manufacture of the imported product was melted and poured; (ii) harmonize the scope of product coverage to that covered by Section 232 tariffs; (iii) clarify how import data collected from the licenses would be aggregated and reported to the public; and (iv) formally change the threshold of low-value multiple shipment licenses from USD 250 to USD 5,000 to align with existing practice.[202] The SIMA system was also made permanent. These changes were prompted by the joint understandings, the need to modernize the SIMA system, and to enhance U.S. Government monitoring of steel.
3.67.
The United States has continued to provide annual replies to the annual questionnaire on import licensing procedures during the period under review, and three such notifications have been received pursuant to Article 7.3.[199] In addition, two notifications were made pursuant to Article 5 on changes to import licensing procedures concerning the new or amended monitoring mechanisms, i.e. the Steel Import Monitoring and Analysis (SIMA) system and the Aluminum Import Monitoring and Analysis (AIM) system, which entered into force in October 2020 and June 2021, respectively.[200]
3.66.
The United States requires licenses or permits for a limited number of product categories upon importation, most of which did not undergo significant change during the review period. As of March 2022, there were 19 such licensing requirements in place on a variety of goods for various purposes; most (17) were non-automatic and two were automatic licensing requirements. Long‑standing licensing requirements remained in place to implement agricultural TRQs, i.e. on dairy and sugar products; to provide protection against the import of pests and diseases for animal and plant products; to prevent tax fraud, i.e. on alcohol and tobacco products; and on a number of other products like chemicals, firearms, explosives, nuclear materials, etc. for protection and safety reasons (Table A3.4). New or revised licensing measures were put in place for monitoring reasons on certain steel and aluminum products.
3.65.
Preferential import measures prescribed in FTAs are sometimes implemented through quantitative measures that the United States refers to as tariff preference levels (TPLs) and administered much like TRQs. In 2020 over 100 such TPLs were in place on a variety of products for FTA partner countries.[198] A quota system for the duty-free importation of watches and watch movements from U.S. insular possessions also exists and is administered by the U.S. Department of Commerce. The preference programs for the African Growth and Opportunity Act (AGOA) and for Haiti, i.e. HOPE Act, HOPE Act II, and HELP Act also include quotas for certain apparel imports. The United States also used TRQs on certain imports resulting from safeguard (Section 201) investigations during the review period (Section 3.1.6).
3.64.
In October 2021, the United States and the European Union issued a joint statement announcing, inter alia, that they were resolved to negotiate future arrangements for trade in steel and aluminum that take account of both global non-market excess capacity and the carbon intensity of these industries (Section 2.3.3).[196] Thus, steel and aluminum Section 232 tariffs were replaced with a TRQ for EU imports as of 1 January 2022 with volumes based on historical trade levels. Absolute quotas on certain steel products from Argentina, Brazil, and the Republic of Korea and aluminum products from Argentina have been applied since mid-2018 pursuant to several Presidential Proclamations. These quotas are set out by product subheadings in Chapter 99 of the HTSUS.[197]
3.63.
In addition to measures applied multilaterally, the United States also maintains a number of quantitative restrictions or prohibitions on a bilateral or plurilateral basis.[194] For example, pursuant to MOUs with Colombia and El Salvador, restrictions are in place on certain categories of archaeological, ecclesiastical, and ethnological materials from these countries in order to protect cultural heritage. These restrictions were extended during the review period.[195]
3.62.
In April 2020, the National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service imposed import restrictions on shrimp and other fish and fish products caught in the Upper Gulf of California due to unsustainable bycatch of vaquita, a species of porpoise on the brink of extinction.[193] The restrictions were imposed under the Marine Mammal Protection Act (MMPA), which includes provisions to reduce marine mammal bycatch associated with fisheries that supply imports to the United States. Specifically, the MMPA requires that the United States ban imports of commercial fish or fish products caught in commercial fisheries resulting in the accidental killing or serious injury (bycatch) of marine mammals in excess of U.S. standards.
3.61.
New rules were put in place to implement amendments to the Lacey Act requirements on the importation of certain plant and plant products in April 2020.[192] These provisions relaxed the import requirements by creating a de minimis threshold of no more than 5% of the total weight of the product provided the total weight of the plant material does not exceed 2.9 kilograms.
3.59.
CBP is responsible for enforcing laws on behalf of other agencies that restrict or otherwise prohibit importation of a number of goods, often to protect human, animal, plant life and health, or to conserve exhaustible natural resources. As at March 2022, 32 categories of goods were subject to prohibitions or restrictions, most of which had been in force for many years (Table A3.3). Many of the measures are codified in CBP statutes (19 C.F.R. Part 12 – Special classes of merchandise), contained in various trade legislation, i.e. the Tariff Act of 1930, as amended, or in legislation of other agencies, e.g. the Clean Air Act.[189] A few new measures were put in place or amended during the review period.
B. Export prohibitions and restrictions
3.182.
Export controls are guided by national security and the pursuit of foreign policy objectives. The United States currently restricts exports of certain goods, including defense articles, dual-use (commercial and military) goods, and nuclear materials and technology, or to deter the proliferation of nuclear, chemical, and biological weapons or the missile technology used to deliver them. In many instances, the United States cooperates with other countries to control exports of such goods and technologies. The Wassenaar Arrangement, the Missile Technology Control Regime, the Treaty on the Non-Proliferation of Nuclear Weapons and the Exporters Committee (Zangger Committee), the Australia Group, and the Nuclear Suppliers Group constitute the main elements of this system. Export controls also apply to countries subject to economic sanctions by the United States.
3.191.
In April 2020, the Federal Emergency Management Agency (FEMA) issued a temporary rule affecting exports of certain scarce critical health and medical resources.[394] Due to the rapid spread of COVID‑19, explicit FEMA approval was required for the export of five types of medical resources, including personal protective equipment (i.e. respirators, masks, and gloves). The product coverage was modified in August 2020, when certain respirators were eliminated from the list, and in December 2020, when syringes and hypodermic needles were added.[395] The temporary measures remained in place until 30 June 2021, when they lapsed. The temporary export restrictions were notified to the WTO.[396]
3.190.
The export control regime was subject to numerous modifications in the period under review. These reflect, for example, changes in the international export controls of the United States and its partners regarding munitions, dual‑use goods and technologies, and missile technology; national security concerns; frequent changes in the Entity List and Unverified List of the BIS; the creation of a Military End User (MEU) List; and modifications of sanctions and embargoes towards specific countries or entities (Table A3.5). Notably, new controls affect the export of U.S. origin items to China (or Hong Kong, China) and to Chinese-owned companies, such as Huawei and its affiliates. Economic sanctions were revised and tightened (e.g. the Russian Federation, the Bolivarian Republic of Venezuela, Cuba, and Cambodia), or reintroduced (Myanmar).
3.189.
The ECRA mandates an interagency process, led by the Department of Commerce, to identify emerging and foundational technologies and subsequently to establish a licensing policy to control their export. Work is ongoing. The BIS introduced additional controls on the exportation of certain technologies, including software, during the period under review. The ECRA also requires a review of the licensing procedures for exports, re-exports, and in-country transfers connected with countries that are subject to a comprehensive U.S. arms embargo.
3.188.
According to BIS data analyzed by the Congressional Research Service, about 83% of U.S. exports (by value) were subject to the EAR in 2019, including 13.7% covered by the CCL and thus requiring export licenses to certain destinations. However, as exports to many destinations are exempt, and many transactions are eligible for license exemption, no more than 0.4% of U.S. exports (by value) involved the procurement of a license. The BIS reviewed nearly 33,000 license applications in that year and denied approximately 1.1% of them. The low level of denied applications may be partly explained by detailed information available to exporters about end uses and end users likely to be denied, thus discouraging the submission of non-conforming applications.[393]
3.187.
Reforms to reduce the complexity of export controls were launched by Presidential initiative in 2009. Many of the initial aims, including the establishment of a single control list for dual-use goods and munitions (i.e. merging the CCL and the USML), a single licensing agency, and a single export control enforcement agency have not been realized. However, a single electronic platform facilitates the submission and processing of licenses, and an Export Enforcement Coordination Center has been operational since 2012. The dual-use and munitions lists have been rationalized with the transfer of less sensitive items from the USML to the CCL. Revisions of 18 of the 21 categories in the USML were completed in 2016. The migration of remaining items (Category I, II, and III items) was completed in January 2020.[392]
3.186.
The Directorate of Defense Trade Controls (DDTC) at the U.S. Department of State regulates exports and temporary imports of defense articles and defense services per the International Traffic in Arms Regulations (ITAR). The defense articles and defense services regulated by DDTC are described in the U.S. Munitions List (USML) and may require a license prior to export or temporary import into the United States. The ITAR provides many exemptions that may enable exporters and temporary importers to conduct a transfer without obtaining a license from DDTC. Such exemptions enable transfers to Australia, Japan, NATO countries, Sweden, and others. Exports of defense articles and defense services described in the USML are subject to a policy of denial for eight countries. An additional 16 countries are subject to a policy of denial with certain exceptions. Such policies of denial can result from United Nations Security Council sanctions or unilateral sanctions. Persons engaged in the United States in the business of manufacturing, exporting, temporarily importing defense articles, or furnishing defense services described in the USML must register with the DDTC and pay an annual fee.
3.185.
All items subject to the EAR have either been given an Export Control Classification Number (ECCN) or been designated EAR99. Controlled dual‑use and certain munitions goods are listed on the Commerce Control List (CCL) together with their ECCNs, and any item not on the CCL (i.e. EAR99) may be exported or re-exported without a license unless the destination is an embargoed or sanctioned country, a party of concern, or in support of a prohibited end-use. Antiterrorism controls prohibit exports of nearly all items on the CCL to four countries (Democratic People's Republic of Korea, Cuba, the Islamic Republic of Iran, and Syria). Regarding parties of concern, the BIS maintains a Denied Persons List, an Unverified List, and an Entity List.[391] Exports, re‑exports, and in-country transfers may be authorized under License Exception Strategic Trade Authorization (STA) to destinations considered low risk for non-authorized or impermissible uses (43 countries as of April 2022).
3.184.
The BIS administers the laws, regulations, and policies governing exports and re-exports of goods, services, software, and technologies that fall under the jurisdiction of the Export Administration Regulations (EAR). It coordinates with other domestic agencies or those of foreign governments regarding export control, non-proliferation of weapons of mass destruction, and strategic trade issues. The Export Administration (EA) of the BIS reviews license applications for exports, re-exports, or transfers, including transfers of technology covered by the EAR to foreign nationals in the United States. License denials may be appealed. Foreign availability, i.e. that an item may be available from a non-U.S. source in sufficient quantity and comparable quality to render a U.S. restriction ineffective, may be an argument favoring the reversal of a denial.
3.183.
The Export Control Reform Act of 2018 (P.L. 115-232) (ECRA) is the principal implementing statute for export controls on dual-use and less sensitive military items; it is administered by the BIS. The BIS also enforces U.S. anti-boycott legislation. Export controls on nuclear materials, facilities and equipment for civilian purposes are administered by the U.S. Nuclear Regulatory Commission in accordance with the Atomic Energy Act of 1954 (P.L. 83-703).[390] The Arms Export Control Act of 1976 (P.L. 94-329) provides the President with the statutory authority to control exports of defense articles and services. Short supply controls may be maintained under the International Emergency Economic Powers Act (IEEPA) or other regulatory authority. Economic sanctions or embargoes may be imposed by the President pursuant to the IEEPA or by specific acts of Congress. Export controls are administered and enforced by the Office of Foreign Assets Control and the State Department (Table 3.23).
WTO's environmental database (EDB)
The EDB contains environment-related measures that may qualify as QRs and therefore should be notified under the QR Decision.