standards and conformance as non-tariff trade barriers: commerce assistance to u.s exporters

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Standards and Conformance as Non- Tariff Trade Barriers: Commerce Assistance to U.S Exporters ITA Standards Liaison’s Office U.S. Department of Commerce www.trade.gov/standards

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Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters. ITA Standards Liaison’s Office U.S. Department of Commerce www.trade.gov/standards. Introduction: Commerce Standards Initiative . 6 Years since the launch of the Commerce Standards Initiative - PowerPoint PPT Presentation

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Page 1: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

ITA Standards Liaison’s OfficeU.S. Department of Commercewww.trade.gov/standards

Page 2: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Introduction: Commerce Standards Initiative

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• 6 Years since the launch of the Commerce Standards Initiative

• Standards and Conformance issues continue serve as major problems to U.S. exporters and are a priority for the Commercial Service

• Report Location• http://ts.nist.gov/

Standards/upload/trade_barriers_report-2.pdf

Page 3: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Trade Agreements: The rules of the game

• WTO Technical Barriers to Trade Agreement (TBT) and the Agreement on Sanitary and Phytosanitary Measures (SPS) are the major agreements that govern how standards and conformance are used in Members technical regulations.

• U.S. Free Trade Agreements also typically contain provisions or chapters on TBT and SPS

• USTR is the overall lead on these agreements

• TCC contact: Bryan O’Byrne is the ITA TBT POC [email protected]

• TCC contact: Christine Brown is the ITA SPS POC [email protected]

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Page 4: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Codex Alimentarius

• -- USDA and FDA are the lead agencies for Codex Alimentarius, the United Nations food safety standards developer

• -- Codex Alimentarius is referenced in the SPS Agreement as the "relevant international organization" for developing food safety standards

• -- ITA is active in interagency work on Codex, particularly on making sure that Codex standards and ISO standards on food products are complementary

• -- TAC/OMA contacts: Eileen Hill ([email protected])

and Renee Hancher ([email protected]) are the ITA Codex POCs 4

Page 5: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Standards in Trade

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Page 6: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Standards: Use driven by markets or regulators?

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Standard developed by private

sector

Manufacturer or Retail requires the standard

Your customer uses the

standard for market

acceptance

Standard developed by private

sector

Regulator chooses a

standard based on health, safety or security need

Your customer uses the

standard for market

compliance

Standard developed

by regulators

Regulator develops and agrees to the

standard based on a health,

safety or security need

Your customer uses the

standard for market

compliance

Page 7: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Frequently Asked Questions on StandardsQ: What is considered an international standard? The country

where I am located only accepts ISO or IEC as international standards.

A: The U.S. does not name specific organizations as those developing international standards. Our position is to promote broad acceptance of standards that follow WTO TBT Committee Decision, which lays out principles for international standards development that include:– Transparency– Openness– Impartiality and consensus– Effectiveness and relevance– Coherence– Development Dimension

• http://www.ita.doc.gov/td/standards/Final%20Site/International%20Standards.htm

Advocacy: Ensure standards development and regulatory processes are open for U.S. interests to make technical comments.

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Page 8: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Frequently Asked Questions on Standards

Q: Why aren’t standards developed in the United States free?

• A: Some of the standards developers in the U.S. need to charge for standards so that they can continue the work of their organizations.

• A: However some of the standards bodies either provide their standards for free, like the Air-conditioning, Heating and Refrigeration Institute or the National Fire Protection Association

• A: Some also have MOU programs with the National Standards Bodies of your country, like ASTM International or Underwriters Laboratories.

Advocacy: Check to see what sectors the country might be interested in, and we may be able to connect them with low cost standards, developed in the U.S.

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Page 9: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Frequently Asked Questions on Standards

Q: I see the EU having a lot of influence on my country’s standards or regulatory body. What does the U.S. offer?

A: The EU has a top down, centralized strategy in its approach to standards development. The U.S. has a bottom up, decentralized, market-driven approach to standardization.

A: Given these approaches, the EU has provided a greater amount of technical assistance for developing countries on issues relating to standards and conformance

A: The U.S. has improved its approach to technical assistance in the last few years, with greater support from the U.S. Trade and Development Agency and other U.S. public and private sector programs.

Advocacy: If you see this trend, help us investigate with the donor agencies what U.S. assistance exists for your market.

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Page 10: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Hot Topics in Standards

• Green Buildings• Renewable Energy Standards (Photovoltaic, Wind) • Nuclear• Intelligent Transportation Systems• Energy Efficiency Products• Nanotechnol0gy • Smart Grid• Cyber security• Electric Vehicles• Carbon Footprint

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Page 11: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

New Developments in 2011

• USTR Report on Technical Barriershttp://www.ustr.gov/sites/default/files/TBT%20Report%20Mar%2025%20Master%20Draft%20Final%20pdf%20-%20Adobe%20Acrobat%20Pro.pdf

• White House’s newly formed National Science and Technology Council (NSTC) Subcommittee on Standardshttp://standards.gov/standards_gov/nstcsubcommitteeonstandards.cfm

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Page 12: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Conformity Assessment in Trade

• Conformity to a standard may be required by the marketplace (another manufacturer, retailer) or a regulatory body.

• The U.S. uses a variety of conformity assessment tools, any one of the following tools may be suitable for U.S. exports depending on the level of risk of the product and the reliability and trust between the parties involved in the transaction.– Supplier’s Declaration of Conformity– Inspection– Accreditation– Independent Testing– Third Party Certification

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Page 13: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Typical Exporter Issues with Conformity Assessment• Preference for Supplier’s Declaration of Conformity over third-

party testing (government or independent).• Type Approval• Lack of information of what testing is required or how to obtain

a certification• Redundant testing• Testing that is above what is usually required• Limited Testing facilities (which may limit time to market)• Concern for IPR/Patent protection • Expense of additional testing• Questions to whether testing actually occurs• Problems with inspection bodies (expense, IPR concerns, time

to inspect).Advocacy: Conformance problems and solutions may be very

specific and may involve multiple parties. Please consult with us to help tailor the solution for the exporter’s problem.

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Page 14: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Conformity Assessment: Conformance Marks

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Page 15: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

Resources for Marking Questions

• CE Marking– http://www.export.gov/cemark/doc_ce_mark_main.as

p– Sylvia Mohr (US/EU) [email protected]– Bob Straetz (HQ) [email protected]

• UL Marking– Khoi Do ([email protected]) at Underwriters

Laboratories• CCC Marking

– http://www.export.gov/china/exporting_to_china/importregs.asp

– Jenny May (OCEA) [email protected]

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Page 16: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

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Other Commercial Service Contacts on Standards• Other contacts not previously listed in my presentation:• Standards Attaches:

– Mexico City: Everett Waikai – [email protected]

– Brussels: Bill Thorn – [email protected]– Beijing: Dale Wright – [email protected]– Sao Paolo: Miguel Hernandez Miguel.Hernandez@

trade.gov

Page 17: Standards and Conformance as Non-Tariff Trade Barriers: Commerce Assistance to U.S Exporters

• Thank you!

• Ryan Kane• Office of the ITA Standards Liaison• U.S. Department of Commerce• 202-482-1983• [email protected]

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