Database

Browse Database

UNITED STATES

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of coverage of CPC 754, CPC 752, and CPC 84 in the WTO Government Procurement Agreement (GPA)
Although the US is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not fully cover the three most relevant service sectors (CPC 752, 754, 84). While value-added telecommunications services are covered, the agreement does not cover procurement of public utility services, including telecommunications and automatic data processing (ADP)-related telecommunications services.
Coverage Enhanced (i.e., value-added) telecommunications services

UNITED STATES


Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
n/f

UNITED STATES

Since April 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Executive Order 13913 Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector
Section 3 of Executive Order 13913 formally establishes the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, commonly known as Team Telecom, which assists the Federal Communications Commission (FCC) in reviewing national security and law enforcement concerns related to foreign involvement in the U.S. telecommunications sector. Under Section 5, the Committee is authorised to conduct a 120-day review of certain applications referred by the FCC, with the possibility of a 90-day extension if a secondary assessment is required. Section 9 empowers the Committee to recommend a range of actions to the FCC, including approval without objection, approval subject to mitigation measures, denial, or modification or revocation of a licence. It has been reported that, following procedures initiated prior to the issuance of the Executive Order, the FCC revoked the licences of four foreign common carrier wireless providers.
Coverage Telecommunications sector

UNITED STATES

Reported in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Reported screening of foreign investment for national security
It is reported that the Committee on Foreign Investment in the United States (CFIUS) led by the Department of the Treasury is an interagency body responsible for reviewing foreign investments to safeguard U.S. national security. Its authority includes blocking, unwinding, or imposing conditions on transactions deemed harmful to national interests. A major legislative development, the Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018, significantly broadened CFIUS’s scope. While the committee initially focused on transactions involving foreign control of U.S. businesses, FIRRMA extended its jurisdiction to certain non-controlling investments, particularly in sectors involving critical technologies, infrastructure, and sensitive personal data. It also introduced mandatory filing requirements for specific transactions, especially those related to critical technologies. Under the Biden administration, CFIUS’s scrutiny has intensified. A recent executive order directs the committee to consider additional factors such as the resilience of critical supply chains, technological leadership in fields like artificial intelligence and biotechnology, investment trends, cybersecurity threats, and data privacy. Between 2017 and 2021, CFIUS reviewed 1,156 notices, with notable interventions in the semiconductor sector, and particularly involving Chinese entities. Prominent cases include the blocked acquisition of Qualcomm by Broadcom (2018), the forced divestment of Grindr by Chinese firm Kunlun (2019), and the review of ByteDance’s acquisition of Musical.ly (2020) due to concerns over data privacy and national security.
Coverage Horizontal

UNITED STATES

Since September 2012

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Code of Federal Regulations, Title 37- Patents, Trademarks, and Copyrights
Pursuant to Section 1.31 of Title 37 of the Code of Federal Regulations (CFR), an applicant that qualifies as a juristic entity must be represented by a registered patent attorney or agent. In effect, this provision precludes companies and other organisational entities from representing themselves in proceedings before the United States Patent and Trademark Office (USPTO), thereby requiring them to engage a qualified practitioner to act on their behalf.
Coverage Horizontal

UNITED STATES

Since June 1991, last extended in November 2023, until 2028

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In June 1991, the United States authorities imposed a definitive anti-dumping duty on imports of silicon metal (HS Code: 280469) from China, which is used also for producing silicon compounds as well as silicon wafers used as electronic semiconductors. This measure was last extended in June 2018. The rate of duty on imports from China is 139.5%.
Coverage Product: Silicon Metal (HS Code: 280469)

Country: China

UNITED STATES

Since March 2003, last extended in June 2020, until June 2025

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In March 2003, the United States authorities imposed a definitive anti-dumping duty on imports of silicon metal (HS Code: 280469) from Russia, which is also used for producing silicon compounds as well as silicon wafers used as electronic semiconductors. This measure was last extended in June 2020. The rate of duty on imports from Russia is 79.4% for all companies, with the exception of Russian ZAO Kremny/Sual-Kremny-Ural Ltd, which gets a 56.1% duty.
Coverage Product: Silicon Metal (HS Code: 280469)

Country: Russia
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ITA: [{"meta_value":"0.00"}]

UNITED STATES

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.56%
Coverage rate of zero-tariffs on ICT goods (%)
74.96%
Coverage: ICT goods

UNITED STATES

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
The U.S. is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

UNITED STATES

Since October 2008, last extended in June 2020, until 2025

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In October 2008, the United States authorities imposed a definitive anti-dumping duty on the import of electrolytic manganese dioxide (HS Code: 282010), which is the critical component of the cathode material in modern alkaline, lithium and sodium batteries, including electrochemical capacitors and hydrogen production. The duty applies to imports from Chinese firms, most notably Guizhou Redstar Developing Import and Export Company, Ltd. This measure was extended in January 2015 and subsequently in July 2020. The rate of duty on imports from China is 149.9%.
Coverage Product: Electrolytic manganese dioxide (HS Code: 282010)

Country: China

UNITED KINGDOM

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is GBP135 (approx. 200 USD), following the 200 USD threshold recommended by the International Chamber of Commerce (ICC). The UK has not changed its de minimis threshold since departing the EU and has not stated plans to deviate from the £135 threshold.
Coverage Horizontal

UNITED KINGDOM

Since October 2015
Since July 2016

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Act 2015

UK eIDAS Regulations 2016
The UK has robust consumer protection laws, as laid out in the Consumer Rights Act 2015. The rights enumerated in the 2015 legislation, which include standards for considering goods faulty, unfair contract terms, right to repair, and right to return, apply to both in-person and online transactions. The UK also applies the UK eIDAS Regulations, which "set out rules for UK trust services and establishes a legal framework for the provision and effect of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic registered delivery services and certificate services for website authentication."
Coverage Horizontal

UNITED KINGDOM

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The UK has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

UNITED KINGDOM

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The UK has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

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