On May 8, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register a document announcing that, in response to the request from the U.S. Trade Representative (USTR) dated January 13, 2017 under section 332(g) of the Tariff Act of 1930, the ITC has instituted the second and third of three investigations on global digital trade: Investigation No. 332–562, Global Digital Trade 2: The Business-to-Business Market, Key Foreign Trade Restrictions, and U.S. Competitiveness; and Investigation No. 332–563, Global Digital Trade 3: The Business-to-Consumer Market, Key Foreign Trade Restrictions, and U.S. Competitiveness. The ITC will schedule a public hearing and provide opportunity for the public to file written submissions in connection with both investigations, with dates and procedures relating to both announced in a later notice.

As requested by the USTR, the ITC’s report on the second investigation, titled Global Digital Trade 2: The Business-to-Business Market, Key Foreign Trade Restrictions, and U.S. Competitiveness, will build on the first report to:

  • Provide qualitative, and to the extent possible, quantitative analysis of measures in key foreign markets (identified in the first report) that affect the ability of U.S. firms to develop and/ or supply business-to-business digital products and services abroad; and
  • Assess, using case studies or other qualitative and quantitative methods, the impact of these measures on the competitiveness of U.S. firms engaged in the sale of digital products and services, as well as on international trade and investment flows associated with digital products and services related to significant business-to-business technologies.

The ITC expects to deliver this second report to the USTR by October 29, 2018.

As requested by the USTR, the ITC’s report on the third investigation, titled Global Digital Trade 3: The Business-to-Consumer Market, Key Foreign Trade Restrictions, and U.S. Competitiveness, will build on the first and second reports to:

  • Provide qualitative, and to the extent possible, quantitative analysis of measures in key foreign markets (identified in the first report) that affect the ability of U.S. firms to develop and/ or supply business-to-consumer digital products and services abroad; and
  • Assess, using case studies or other qualitative and quantitative methods, the impact of these measures on the competitiveness of U.S. firms engaged in the sale of digital products and services, as well as on international trade and investment flows associated with digital products and services related to significant business-to-consumer technologies.

The ITC expects to deliver this third report to the USTR by March 29, 2019.