Guidance on Submitting Comments: WTO TBT Notifications

• Prepare Your Comments: Send your comments as an email attachment to usatbtep [at] nist.gov (usatbtep[at]nist[dot]gov). Use of your organization's official letterhead is encouraged but not required.
• Address the Foreign Recipient: Address the comments document to the notifying WTO Member's national TBT Enquiry Point and/or responsible regulatory authority, as identified in Box 2 or Box 10 of the notification.
  • If contact information is not provided in an addendum or other notification document, use the notifying Member's national TBT Enquiry Point contact information available through ePing.
  • Do not identify NIST, U.S. TBT Enquiry Point staff, or WTO Secretariat staff as the intended recipient of your comments.
• Identify the Notification: Include the complete WTO notification symbol, such as G/TBT/N/[country code]/[number], the notification title, and any relevant addendum or revision. Include the symbol and title in both the email subject line and comments document.
• Provide Contact Information: Include the commenter's name, organization, email address, and other relevant contact information.

Explain the specific provisions of the proposed measure that concern you and provide supporting information whenever possible.

• Technical Concerns: Identify technical requirements, product specifications, testing procedures, or conformity assessment requirements at issue.
• Supporting Rationale: Explain why proposed requirements may create difficulties or unnecessary obstacles to trade.
• Economic Impact: When available, provide estimated export values, additional compliance costs, or other expected effects.
• Suggested Changes: Recommend alternative regulatory approaches, changes to the proposed text, or less burdensome methods of demonstrating compliance.
• International Standards: Identify relevant international standards or guides that could provide an appropriate basis for the requirements.
• Questions and Clarifications: Identify provisions that are unclear or require additional explanation.
• Implementation Period: If more time is needed to comply, explain why and suggest a feasible date.

The WTO TBT Committee's understanding of a reasonable interval between publication of a final technical regulation and its entry into force is normally not less than six months, except when that interval would be ineffective in fulfilling legitimate objectives.

For additional information, see the WTO TBT Committee's Good Practice Guide for Commenting on TBT Notifications (G/TBT/GEN/386).

• Submit Comments Early: Send your comments to the U.S. TBT Enquiry Point at least two business days before the comment deadline specified in the WTO notification. This allows time for processing and transmission to the notifying WTO Member.
• Comment deadlines are established by the notifying Member and may be affected by time-zone differences, weekends, and U.S. federal holidays.
• Processing Hours: The U.S. TBT Enquiry Point makes every effort to process comments within 24 hours of receipt on business days, during official business hours (Monday–Friday, 8:30 a.m.–5:00 p.m. Eastern time, excluding federal holidays). This is a description of normal practice, not a guarantee of completed transmission within 24 hours.
  • Comments received after 3:00 p.m. Eastern time on business days, or on weekends or federal holidays, may not be processed until the next business day.
• Need More Time? If you need an extension of the comment period, contact the U.S. TBT Enquiry Point at least one week before the published deadline. The U.S. TBT Enquiry Point can transmit an extension request to the notifying WTO Member. That Member determines whether to extend the comment period.

• Review: The U.S. TBT Enquiry Point reviews comments to ensure that the correct foreign recipient, notification symbol, title, and necessary contact information are included. If essential information is missing or changes are needed, the Enquiry Point contacts the submitter.
• Transmission: Once the submission meets the basic requirements, the U.S. TBT Enquiry Point transmits comments to the notifying WTO Member’s national TBT Enquiry Point and shares them with relevant U.S. government trade agencies.
• Confirmation: The U.S. TBT Enquiry Point notifies the submitter when the comments have been transmitted.
• Follow-Up: The Enquiry Point forwards acknowledgments and responses received from the notifying WTO Member's enquiry point or regulatory authorities to the commenter.
• When a Notification Provides an Online Commenting System: Some notifications or accompanying regulatory texts provide instructions or links for submitting comments directly to the responsible regulatory authority. Contact the U.S. TBT Enquiry Point to coordinate submission through the appropriate official channels and ensure relevant U.S. and foreign government officials receive the comments.

• Comments submitted through the U.S. TBT Enquiry Point are transmitted bilaterally to the notifying WTO Member, or to the relevant Members when a regional notification is involved.
• Comments are not submitted to the WTO Secretariat or automatically shared with all WTO Members.
• When the U.S. government submits comments on a notification, the U.S. TBT Enquiry Point also uses ePing to inform other national TBT enquiry points that comments have been submitted. This communication does not automatically distribute the comments themselves.
• Use the Official U.S. Channel: Submit comments through the U.S. TBT Enquiry Point for official government-to-government transmission. Direct submission to a foreign authority does not substitute for submission through the U.S. channel; procedures of the receiving authority may differ.

• If you have concerns about a foreign technical regulation or conformity assessment procedure but cannot find a corresponding WTO notification, contact the U.S. TBT Enquiry Point. The Enquiry Point can help determine whether the measure has been notified.
• You can also search notifications directly through ePing.
• Non-Agricultural Trade Barriers: For potentially unnotified foreign measures affecting non-agricultural products, contact the International Trade Administration’s Office of Trade Agreements Negotiations and Compliance (TANC). TANC can assist with assessing the issue and, where appropriate, coordinating a communication to the other WTO Member.
• Report a Trade Barrier: https://www.trade.gov/report-trade-barrier

Mexico: 

• Comments on Mexican WTO TBT notifications should be submitted to the U.S. TBT Enquiry Point in both English and Spanish. Mexico's Quality Infrastructure Law and General Law on Regulatory Improvement govern aspects of its standards and regulatory systems.

European Union: 

• The EU TBT Enquiry Point accepts but does not consider comments submitted on behalf of foreign private-sector entities on EU notifications. U.S.-based private-sector stakeholders interested in commenting on EU notifications should contact the U.S. TBT Enquiry Point and/or relevant U.S. government trade agencies at least three weeks before the published comment deadline.
• EU Food, Beverage, and Agricultural Measures: For EU notifications involving food, beverages, agriculture, labeling, or packaging, stakeholders may also contact the U.S. Department of Agriculture's Foreign Agricultural Service (USDA FAS). Email: AgUSEUBrussels [at] usda.gov (AgUSEUBrussels[at]usda[dot]gov)
• Other EU Measures: For other EU notifications, stakeholders should also contact the International Trade Administration's Office of Trade Agreements Negotiations and Compliance (TANC). https://www.trade.gov/report-trade-barrier

• Non-U.S. entities interested in commenting on notifications issued by other WTO Members should contact their own national TBT Enquiry Point for guidance.
• WTO Members and stakeholders wishing to comment on U.S. notifications should follow the submission instructions provided in the relevant U.S. notification.
• National TBT Enquiry Point contact information is available through ePing.

• U.S. TBT Enquiry Point: usatbtep [at] nist.gov (usatbtep[at]nist[dot]gov) | Missing-text requests: notifyus [at] nist.gov (notifyus[at]nist[dot]gov) | 301-975-2918
• ePing: https://epingalert.org
• WTO Good Practice Guide: G/TBT/GEN/386
• International Trade Administration — TANC: https://www.trade.gov/report-trade-barrier
• USDA Foreign Agricultural Service: Information and assistance concerning foreign agricultural regulatory measures and related trade concerns.