Notice of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 40823-40838 [2018-17709]

Download as PDF Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices ‘‘Business Confidential 2018 Out-ofCycle Review of Notorious Markets’’ in the ‘‘Comment’’ field. Filers of comments containing business confidential information also must submit a public version of their comments. The file name of the public version should begin with the character ‘‘P’’. The non-business confidential version will be placed in the docket at www.regulations.gov and be available for public inspection. As noted, USTR strongly urges submitters to file comments through www.regulations.gov. You must make any alternative arrangements in advance of the relevant deadline and before transmitting a comment by contacting USTR at Special301@ustr.eop.gov. We will post comments in the docket for public inspection, except business confidential information. You can view comments on the https:// www.regulations.gov website by entering docket number USTR–2018– 0027 in the search field on the home page. Daniel Lee, Assistant U.S. Trade Representative for Innovation and Intellectual Property (Acting), Office of the United States Trade Representative. [FR Doc. 2018–17649 Filed 8–15–18; 8:45 am] BILLING CODE 3290–F8–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative. ACTION: Notice. AGENCY: The U.S. Trade Representative (Trade Representative) has determined that appropriate action in this investigation includes the imposition of an additional ad valorem duty of 25 percent on products from China classified in the subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) set out in Annex A of this notice. The Trade Representative has further determined to establish a process by which U.S. stakeholders may request that particular products classified within a covered tariff subheading in Annex A be excluded from these additional duties. DATES: The additional duties set out in Annex A to this notice are effective with respect to products that are entered for consumption, or withdrawn from sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 warehouse for consumption, on or after August 23, 2018. FOR FURTHER INFORMATION CONTACT: For questions about this action, contact Assistant General Counsel Arthur Tsao or Director of Industrial Goods Justin Hoffmann at (202) 395–5725. For questions on customs classification or implementation of additional duties on products identified in Annex A to this Notice, contact Traderemedy@ cbp.dhs.gov. SUPPLEMENTARY INFORMATION: A. Proceedings in the Investigation On August 18, 2017, the Office of the U.S. Trade Representative (USTR) initiated an investigation into certain acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation (82 FR 40213). In a notice published on April 6, 2018 (83 FR 14906), the Trade Representative announced a determination that the acts, policies, and practices of the Government of China covered in the investigation are unreasonable or discriminatory and burden or restrict U.S. commerce. The April 6 notice also invited public comment on a proposed action in the investigation, in the form of an additional 25 percent ad valorem duty on products from China classified in a list of 1,333 tariff subheadings, with an annual trade value of approximately $50 billion. As explained in that notice, the level was appropriate both in light of the estimated harm to the U.S. economy, and to obtain elimination of China’s harmful acts, policies, and practices. The public comment process included two opportunities for the submission of written comments, and the opportunity to participate in a public hearing. USTR received thousands of submissions, and held a 3-day public hearing with more than 100 witnesses. The public versions of submissions and a transcript of the hearing are available on www.regulations.gov in docket number USTR–2018–0005. USTR and the interagency Section 301 Committee carefully reviewed the public comments and the testimony from the public hearing. USTR and the Section 301 Committee also carefully reviewed the extent to which the tariff subheadings in the April 6 notice include products containing industrially significant technology, including technologies and products related to China’s ‘‘Made in China 2025’’ industrial policy program. Based on this review process, the Trade Representative determined to take an initial action in the investigation, PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 40823 and to consider an additional proposed action. The Trade Representative announced the determination on June 15, 2018, and published a notice on June 20, 2018 (83 FR 28710). The Trade Representative narrowed the proposed list in the April 6 notice to 818 tariff subheadings, with an approximate annual trade value of $34 billion. This initial action became effective on July 6, 2018. The additional proposed action was an additional ad valorem duty of 25 percent on products of China classified in 284 tariff subheadings, with an annual trade value of approximately $16 billion, as set forth in Annex C to the June 20 notice. The June 20 notice further explained that including these tariff subheadings in the Section 301 action would maintain the effectiveness of a $50 billion trade action. The June 20 notice invited public comment on the additional proposed action. USTR requested that commenters address specifically whether imposing increased duties on a particular listed subheading would be practicable or effective to obtain the elimination of China’s acts, policies, and practices, and whether maintaining or imposing additional duties on a particular listed product would cause disproportionate economic harm to U.S. interests, including small or mediumsized businesses and consumers. In response to the notice of additional proposed action, interested persons filed over 700 written submissions. USTR and the Section 301 Committee held a 2-day public hearing on July 24– 25, 2018. During the hearing, 82 witnesses provided testimony and responded to questions. Interested parties also had the opportunity to provide rebuttal submissions. The public submissions and a transcript of the hearing are available on www.regulations.gov in docket number USTR–2018–0018. B. Determination on Appropriate Action USTR and the Section 301 Committee have carefully reviewed the public comments and the testimony from the two-day public hearing. In addition, USTR and the interagency Section 301 Committee have carefully reviewed the extent to which the tariff subheadings in Annex C to the June 20 notice include products containing industrially significant technology, including technologies and products related to the ‘‘Made in China 2025’’ program. Based on this review process, the Trade Representative has determined to narrow the proposed tariff subheadings in Annex C to the June 20 notice to 279 tariff subheadings. The annual trade E:\FR\FM\16AUN1.SGM 16AUN1 40824 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES value of the final list remains approximately $16 billion. Pursuant to sections 301(b), 301(c), and 304(a) of the Trade Act of 1974 (19 U.S.C. 2411(b), 2411(c), and 2414(a)), the Trade Representative determines that appropriate and feasible action in this investigation includes the imposition of an additional ad valorem duty of 25 percent on products of China covered in the tariff subheadings listed in Annex A to this notice. Annex B to this notice contains the same list of tariff subheadings, with unofficial descriptions of the types of products covered in each subheading. In order to implement this determination, effective August 23, 2018, subchapter III of chapter 99 of the HTSUS is modified by Annex A of this notice. Products of China that are provided for in new HTSUS heading 9903.88.02, as established by Annex A of this notice that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern daylight time on August 23, 2018, will be subject to an additional ad valorem duty of 25 percent. The rates of duty applicable to products of China that are provided for in new HTSUS heading 9903.88.02 apply in addition to all other applicable duties, fees, exactions, and charges. VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 The HTSUS note in Annex A, as compared to the HTSUS note in Annex A to the June 20 notice, includes clarifications on the application of the additional duties to goods entered under certain provisions of Chapter 98 and 99 of the HTSUS. Annex C to this notice modifies the HTSUS note in Annex A to the June 20 notice in order to reflect these clarifications. In addition, Annex C makes a conforming amendment to the HTSUS heading in Annex A to the June 20 notice, and makes a technical correction to the HTSUS note in Annex A to the June 20 notice. Any product listed in Annex A to this notice, except any product that is eligible for admission under ‘domestic status’ as defined in 19 CFR 146.43, which is subject to the additional duty imposed by this determination, and is admitted into a U.S. foreign trade zone on or after 12:01 a.m. Eastern daylight time on August 23, 2018, only may be admitted as ‘privileged foreign status’ as defined in 19 CFR 146.41. Such products will be subject upon entry for consumption to any ad valorem rates of duty or quantitative limitations related to the classification under the applicable HTSUS subheading. During the notice and comment process, a number of interested persons asserted that specific products within a PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 particular tariff subheading only were available from China, that imposition of additional duties on the specific products would cause severe economic harm to a U.S. interest, and that the specific products were not strategically important or related to the ‘‘Made in China 2025’’ program. In light of such concerns, and pursuant to sections 301(b), 301(c), 304(a), and 307(a) of the Trade Act of 1974 (19 U.S.C. 2411(b), 2411(c), 2414(a), and 2417(a)), the Trade Representative has determined that USTR will establish a process by which U.S. stakeholders may request that particular products classified within an HTSUS subheading listed in Annex A be excluded from these additional duties. The process will be comparable to the exclusion process established in connection with the initial, $34 billion trade action. USTR will publish a separate notice describing the product exclusion process, including the procedures for submitting exclusion requests, and an opportunity for interested persons to submit oppositions to a request. Robert Lighthizer, United States Trade Representative. BILLING CODE 3290–F8–P E:\FR\FM\16AUN1.SGM 16AUN1 40825 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices ANNEXA Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 23, 2018, subchapter Ill of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified: 1. by inserting the following new heading 9903.88.02 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled "Heading/Subheading", "Article Description", "Rates of Duty 1-General", respectively: Rates of Duty Heading/ Subheading "9903.88.02 2. Article Description 2 1 General Articles the product of China, as provided for in U.S. note 20(c) to this subchapter and as provided for in the subheadings enumerated in U.S. note 20(d) .......................... Special The duty provided in the applicable subheading + 25%" by inserting the following new U.S. note 20(c) to subchapter Ill of chapter 99 in numerical sequence: "(c) For the purposes of heading 9903.88.02, products of China, as provided for in this note, shall be subject to an additional 25 percent ad valorem rate of duty. The products of China that are subject to an additional 25 percent ad valorem rate of duty under heading 9903.88.02 are products of China that are classified in the subheadings enumerated in U.S. note 20(d) to subchapter Ill. All products of China that are classified in the subheadings enumerated in U.S. note 20(d) to subchapter Ill are subject to the additional 25 percent ad valorem rate of duty imposed by heading 9903.88.02. Notwithstanding U.S. note 1 to this subchapter, all products of China that are subject to the additional 25 percent ad valorem rate of duty imposed by heading 9903.88.02 shall also be subject to the general rates of duty imposed on products of China classified in the subheadings enumerated in U.S. note 20(d) to subchapter Ill. Products of China that are classified in the subheadings enumerated in U.S. note 20(d) to subchapter Ill and that are eligible for special tariff treatment under general note 3(c)(i) to the tariff schedule, or that are eligible for temporary duty exemptions or reductions under subchapter II to chapter 99, shall be subject to the additional 25 percent ad valorem rate of duty imposed by heading 9903.88.02. The additional duties imposed by heading 9903.88.02 do not apply to goods for which entry is properly 9802.00.40, 9802.00.50, and 9802.00.60, and heading 9802.00.80. For subheadings 9802.00.40, 9802.00.50, and 9802.00.60, the additional duties apply to the value of repairs, alterations, or processing performed abroad, as described in the applicable subheading. For heading 9802.00.80, the VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.003</GPH> sradovich on DSK3GMQ082PROD with NOTICES claimed under a provision of chapter 98 of the HTSUS, except for goods entered under subheadings 40826 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices additional duties apply to the value of the article less the cost or value of such products of the United States, as described in heading 9802.00.80." Products of China that are provided for in heading 9903.88.02 and classified in one of the subheadings enumerated in U.S. note 20(d) to subchapter Ill shall continue to be subject to antidumping, countervailing, or other duties, fees, exactions and charges that apply to such products, as well as to the additional 25 percent ad valorem rate of duty imposed by heading 9903.88.02." 3. by inserting the following new U.S. note 20(d) to subchapter Ill of chapter 99 in numerical sequence: 2710.19.30 2710.19.35 2710.19.40 3403.19.10 3403.19.50 3403.99.00 3811.21.00 3811.29.00 3901.10.10 3901.10.50 3901.20.10 3901.20.50 3901.30.20 3901.30.60 3901.90.10 3901.90.55 3901.90.90 3902.10.00 3902.20.10 3902.20.50 3902.30.00 3902.90.00 3903.11.00 3903.19.00 3903.20.00 3903.30.00 3903.90.10 3903.90.50 3904.10.00 3904.21.00 3904.22.00 3904.30.20 3904.30.60 3904.40.00 VerDate Sep<11>2014 17:15 Aug 15, 2018 3904.50.00 3904.61.00 3904.69.10 3904.69.50 3904.90.10 3904.90.50 3905.12.00 3905.19.00 3905.21.00 3905.29.00 3905.30.00 3905.91.10 3905.91.50 3905.99.80 3906.10.00 3906.90.10 3906.90.20 3906.90.50 3907.10.00 3907.20.00 3907.30.00 3907.40.00 3907.50.00 3907.61.00 3907.69.00 3907.70.00 3907.91.20 3907.91.40 3907.91.50 3907.99.20 3907.99.50 3908.10.00 3908.90.20 3908.90.70 Jkt 244001 PO 00000 3909.10.00 3909.20.00 3909.40.00 3909.50.10 3909.50.20 3909.50.50 3910.00.00 3911.10.00 3911.90.10 3911.90.15 3911.90.25 3911.90.35 3911.90.45 3911.90.70 3911.90.90 3912.12.00 3912.20.00 3912.39.00 3912.90.00 3913.90.10 3913.90.50 3914.00.20 3914.00.60 3916.10.00 3916.20.00 3916.90.10 3916.90.30 3916.90.50 3917.21.00 3917.22.00 3917.23.00 3917.29.00 3917.31.00 3917.32.00 Frm 00083 Fmt 4703 Sfmt 4725 3917.40.00 3919.10.10 3919.10.20 3919.90.10 3919.90.50 3920.10.00 3920.20.00 3920.30.00 3920.43.10 3920.43.50 3920.49.00 3920.51.10 3920.51.50 3920.59.10 3920.59.40 3920.59.80 3920.61.00 3920.62.00 3920.63.10 3920.63.20 3920.69.00 3920.71.00 3920.73.00 3920.79.05 3920.79.10 3920.79.50 3920.91.00 3920.92.00 3920.93.00 3920.94.00 3920.99.10 3920.99.20 3920.99.50 3921.11.00 E:\FR\FM\16AUN1.SGM 3921.12.11 3921.12.15 3921.12.19 3921.12.50 3921.13.11 3921.13.15 3921.13.19 3921.13.50 3921.14.00 3921.19.00 3921.90.11 3921.90.15 3921.90.19 3921.90.21 3921.90.25 3921.90.29 3921.90.40 3921.90.50 7002.20.10 7308.10.00 7308.20.00 7308.90.30 7308.90.60 7308.90.70 7308.90.95 7614.10.10 7614.90.20 8406.82.10 8407.34.05 8407.34.35 8407.90.10 8407.90.90 8408.20.10 8419.60.10 16AUN1 EN16AU18.004</GPH> sradovich on DSK3GMQ082PROD with NOTICES "(d) Heading 9903.88.02 applies to all products of China that are classified in the following 8-digit subheadings: 8419.89.10 8419.89.95 8420.10.20 8420.99.10 8424.82.00 8424.89.90 8432.29.00 8432.31.00 8432.39.00 8432.42.00 8443.99.40 8455.90.40 8464.10.01 8465.95.00 8466.30.80 8473.50.60 8473.50.90 8475.29.00 8483.30.80 8486.10.00 8486.20.00 8486.30.00 8486.40.00 8486.90.00 8501.10.20 8501.10.60 8501.20.40 8501.31.40 8501.31.80 8501.32.20 8501.32.60 8501.33.20 8501.33.30 8501.52.40 8501.53.60 8503.00.95 8507.80.40 8507.80.81 8511.80.20 8511.80.40 8511.90.20 8511.90.40 8529.10.91 8533.90.40 8536.30.80 8536.50.70 8536.70.00 8537.10.30 VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 8541.10.00 8541.40.60 8542.31.00 8542.32.00 8542.33.00 8542.39.00 8542.90.00 8543.70.45 8543.70.99 8544.49.10 8544.49.20 8544.60.60 8601.20.00 8602.10.00 8605.00.00 8606.10.00 8606.30.00 8606.91.00 8606.92.00 8606.99.01 8607.11.00 8607.19.03 8607.19.30 8607.30.10 8607.30.50 8701.20.00 8701.30.50 8701.91.10 8701.91.50 8701.92.10 8701.92.50 8701.93.10 8701.93.50 8701.94.10 8701.94.50 8701.95.10 8701.95.50 8704.90.00 8705.10.00 8705.20.00 8705.90.00 8711.10.00 8711.60.00 8711.90.01 8901.30.00 9001.10.00 9001.20.00 9014.10.90 Frm 00084 Fmt 4703 Sfmt 4725 40827 9025.19.40 9025.19.80 9025.80.10 9027.10.20 9028.10.00 9028.20.00 9028.30.00 9029.20.40 9029.90.80 9030.31.00 9030.32.00 9030.84.00 9030.89.01" E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.005</GPH> sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 40828 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices ANNEX B Note: All products that are classified in the 8-digit headings of the Harmonized Tariff Schedule of the United States (HTS) that are listed in this Annex are covered by the action. The product descriptions that are contained in this Annex are provided for informational purposes only, and are not intended to delimit in any way the scope of the action. In all cases, the formal language in Annex A governs the tariff treatment of products covered by the action. Any questions regarding the scope of particular HTS subheadings should be referred to U.S. Customs and Border Protection. In the product descriptions, the abbreviation "nesoi" means "not elsewhere specified or included". HTS Subheading 2710.19.30 2710.19.35 2710.19.40 3403.19.10 3403.19.50 3403.99.00 3811.21.00 3811.29.00 3901.10.10 3901.10.50 3901.20.10 3901.20.50 Product Description Lubricating oils, w/or w/o additives, fr. petro oils and bitumin minerals (a/than crude) or preps. 70%+ by wt. fr. petro oils Lubricating greases from petro oil/bitum min/70%+ by wt. fr. petro. oils but n/o 10% by wt. of fatty acid salts animal/vegetable origin Lubricating greases from petro oil/bitum min/70%+ by wt. fr. petro. oils> 10% by wt. of fatty acid salts animal/vegetable origin Lubricating preparations containing 50% but less than 70% by weight of petroleum oils or of oils obtained from bituminous minerals Lubricating preparations containing less than 50% by weight of petroleum oils or of oils from bituminous minerals Lubricating preparations (incl. lubricant-based preparations), nesoi Additives for lubricating oils containing petroleum oils or oils obtained from bituminous minerals Additives for lubricating oils, nesoi Polyethylene having a specific gravity of less than 0.94 and having a relative viscosity of 1.44 or more, in primary forms Polyethylene having a specific gravity of less than 0.94, in primary forms, nesoi Polyethylene having a specific gravity of 0.94 or more and having a relative viscosity of 1.44 or more, in primary forms Ethylene-vinyl acetate copolymers, nesoi 3901.90.10 Polymers of ethylene, nesoi, in primary forms, elastomeric 3901.90.55 Ethylene copolymers, in primary forms, other than elastomeric 3901.90.90 Polymers of ethylene, nesoi, in primary forms, other than elastomeric 3902.10.00 Polypropylene, in primary forms 3902.20.10 Polyisobutylene, elastomeric, in primary forms 3902.20.50 Polyisobutylene, other than elastomeric, in primary forms 3902.30.00 Propylene copolymers, in primary forms 3902.90.00 Polymers of propylene or of other olefins, nesoi, in primary forms 3903.11.00 Polystyrene, expandable, in primary forms 3903.19.00 Polystyrene, other than expandable, in primary forms 3903.20.00 Styrene-acrylonitrile (SAN) copolymers, in primary forms 3903.30.00 Acrylonitrile-butadiene-styrene (ABS) copolymers, in primary forms VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.006</GPH> Polyethylene having a specific gravity of 0.94 or more, in primary forms, nesoi Ethylene copolymer: Vinyl acetate-vinyl chloride-ethylene terpoly w/ <50% deriv of vinyl acetate, exc polymer aromatic/mod arom monomers 3901.30.60 sradovich on DSK3GMQ082PROD with NOTICES 3901.30.20 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading 40829 Product Description 3903.90.10 Methyl methacrylate-butadiene-styrene (MBS) copolymers, in primary forms 3903.90.50 Polymers of styrene, nesoi, in primary forms 3904.10.00 Polyvinyl chloride, not mixed with any other substances, in primary forms 3904.21.00 Polyvinyl chloride, mixed with other substances, non plasticized, in primary forms 3904.22.00 3904.30.20 Polyvinyl chloride, mixed with other substances, plasticized, in primary forms Vinyl chloride copolymer: Vinyl acetate-vinyl chloride-ethylene terpoly w/< 50% deriv vinyl acetate, exc polymer aromatic/mod arom monomers 3904.30.60 Vinyl chloride-vinyl acetate copolymers, nesoi 3904.40.00 Vinyl chloride copolymers nesoi, in primary forms 3904.50.00 Vinylidene chloride polymers, in primary forms 3904.61.00 Polytetrafluoroethylene (PTFE), in primary forms 3904.69.10 3904.69.50 Fluoropolymers, elastomeric, other than polytetrafluoroethylene, in primary forms Fluoropolymers, other than elastomeric and other than polytetrafluoroethylene, in primary forms Polymers of vinyl chloride or of other halogenated olefins, nesoi, in primary forms, elastomeric, in primary forms Polymers of vinyl chloride or of other halogenated olefins, nesoi, in primary forms, other than elastomeric, in primary forms 3904.90.10 3904.90.50 3905.12.00 Polyvinyl acetate, in aqueous dispersion 3905.19.00 Polyvinyl acetate, other than in aqueous dispersion, in primary forms 3905.21.00 Vinyl acetate copolymers, in aqueous dispersion 3905.29.00 Vinyl acetate copolymers, other than in aqueous dispersion, in primary forms Polyvinyl alcohols, whether or not containing unhydrolyzed acetate groups, in primary forms Copolymers of vinyl esters or other vinyls, in primary forms, containing by weight 50% or more of derivatives of vinyl acetate 3905.30.00 3905.91.10 3905.91.50 Copolymers of vinyl esters or other vinyls, in primary forms, nesoi 3905.99.80 Polymers of vinyl esters or other vinyl polymers, in primary forms, nesoi 3906.10.00 Polymethyl methacrylate, in primary forms 3906.90.10 Acrylic polymers (except PMMA) in primary forms, elastomeric Acrylic polymers (except plastics or elastomers), in primary forms, nesoi 3907.10.00 Polyacetals in primary forms 3907.20.00 Polyethers, other than polyacetals, in primary forms 3907.30.00 Epoxide resins in primary forms 3907.40.00 Polycarbonates in primary forms 3907.50.00 Alkyd resins in primary forms 3907.61.00 Polyethylene terephthalate, having a viscosity number of 78 ml/g or higher 3907.69.00 Polyethylene terephthalate, having a viscosity number less than 78 ml/g 3907.70.00 Poly(lactic acid) 3907.91.20 Unsaturated allyl resins, uncompounded 3907.91.40 Unsaturated allyl resins, nesoi 3907.91.50 Unsaturated polyesters, other than allyl resins in primary forms VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.007</GPH> Acrylic plastics polymers (except PMMA), in primary forms, nonelastomeric 3906.90.50 sradovich on DSK3GMQ082PROD with NOTICES 3906.90.20 40830 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading Product Description 3907.99.20 Thermoplastic liquid crystal aromatic polyester copolymers 3907.99.50 Other polyesters nesoi, saturated, in primary forms 3908.10.00 Polyamide-6, -11, -12, -6,6, -6,9, -6,10 or -6,12 in primary form 3908.90.20 Bis(4-amino-3-methylcyclohexyl)methaneisophthalic acid-laurolactam copolymer 3908.90.70 Other polyamides in primary forms 3909.10.00 Urea resins; thiourea resins 3909.20.00 Melamine resins 3909.40.00 Phenolic resins 3909.50.10 Polyurethanes, elastomeric, in primary forms 3909.50.20 Polyurethanes: cements, in primary forms 3909.50.50 Polyurethanes, other than elastomeric or cements, in primary forms 3910.00.00 Silicones in primary forms Petroleum resins, coumarone, indene, or coumarone-indene resins and polyterpenes, in primary forms Elastomeric polysulfides, polysulfones and other products specified in note 3 to chapter 39, nesoi, in primary forms 3911.10.00 3911.90.10 3911.90.15 3911.90.25 3911.90.35 Specified carbodiimide or homopolymer with polyethylene thermoplastic goods Thermoplastic polysulfides, polysulfones & oth products spec in note 3, chapt 39, cant aromatic monomer units or derived therefrom 3911.90.45 Benzenamine; and hydrocarbon novolac cyanate ester Thermosetting polysulfides, polysulfones & oth products spec in note 3, chapt 39, cant aromatic monomer units or derived therefrom 3911.90.70 Chlorinated synthetic rubber 3911.90.90 Polysulfides, polysulfones & other products specified in note 3 to chapter 39, nesoi 3912.12.00 Cellulose acetates, nesoi, in primary forms, plasticized 3912.20.00 Cellulose nitrates (including collodions), in primary forms 3912.39.00 Cellulose ethers, other than carboxymethylcellulose and its salts, in primary forms 3912.90.00 Cellulose and its chemical derivatives nesoi, in primary forms 3913.90.10 Chemical derivatives of natural rubber, nesoi, in primary forms 3913.90.50 Natural polymers and modified natural polymers, nesoi, in primary forms 3914.00.20 Cross-linked polyvinylbenzyltrimethylammonium chloride (Cholestyramine resin USP) 3914.00.60 ion-exchangers based on polymers of headings 3901 to 3913, in primary forms, nesoi Monofilament with cross-section dimension over 1 mm, rods, sticks, profile shapes, at most surface-worked, of polymers of ethylene Monofilament with cross-section dimension over 1 mm, rods, sticks, profile shapes, at most surface-worked, of polymers of vinyl chloride Monofilament with cross-section dimension over 1 mm, rods, sticks, profile shapes, at most surface-worked, of acrylic polymers Monafilament nesoi, of plastics, excluding ethylene, vinyl chloride and acrylic polymers 3916.10.00 3916.20.00 3916.90.10 3916.90.50 Rods, sticks and profile shapes, at most surface-worked, of plastics, nesoi 3917.21.00 Tubes, pipes and hoses, rigid, of polymers of ethylene 3917.22.00 Tubes, pipes and hoses, rigid, of polymers of propylene VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.008</GPH> sradovich on DSK3GMQ082PROD with NOTICES 3916.90.30 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading 40831 Product Description Tubes, pipes and hoses, rigid, of polymers of vinyl chloride Tubes, pipes and hoses, rigid, of other plastics nesoi 3917.31.00 3917.32.00 Flexible plastic tubes, pipes and hoses, having a minimum burst pressure of 27.6 MPa Tubes, pipes and hoses, of plastics, other than rigid, not reinforced or otherwise combined with other materials, without fittings Fittings of plastics, for plastic tubes, pipes and hoses, nesoi Self-adhesive plates, sheets, other flat shapes, of plastics, in rolls n/o 20 em wide, light-reflecting surface produced by glass grains Self-adhesive plates, sheets, other flat shapes, of plastics, in rolls n/o 20 em wide, not having a light-reflecting glass grain surface Self-adhesive plates, sheets, other flat shapes, of plastics, light-reflecting surface produced by glass grains, nesoi Self-adhesive plates, sheets, other flat shapes, of plastics, not having a light-reflecting surface produced by glass grains, nesoi Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of ethylene Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of propylene Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of styrene Nonadhesive plates/sheets/film/foil/strip made imitation of patent leather, of vinyl chloride polymers, not less 6% plasticizers Nonadhesive plate/sheet/film/foil/strip, noncellular, not comb w/other materials, of vinyl chloride polymers, not less 6% plasticizer, nesoi Nonadhesive plates, sheets, film, foil, strip, noncellular, not combined w/other materials, of polymers of vinyl chloride, < 6% plasticizers Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polymethyl methacrylate, flexible Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polymethyl methacrylate, not flexible Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of acrylic polymers, flexible, nesoi Transparent sheeting containing 30% or more by weight of lead Plates, sheets, film, etc, noncellular, not reinforced, laminated, combined, of other acrylic polymers, nesoi Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polycarbonates Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polyethylene terephthalate Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of unsaturated polyesters, flexible Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of unsaturated polyesters, not flexible Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polyesters, nesoi 3917.40.00 3919.10.10 3919.10.20 3919.90.10 3919.90.50 3920.10.00 3920.20.00 3920.30.00 3920.43.10 3920.43.50 3920.49.00 3920.51.10 3920.51.50 3920.59.10 3920.59.40 3920.59.80 3920.61.00 3920.62.00 3920.63.10 sradovich on DSK3GMQ082PROD with NOTICES 3920.63.20 3920.69.00 VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.009</GPH> 3917.23.00 3917.29.00 40832 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading 3920.73.00 3920.79.05 3920.79.10 3920.79.50 3920.91.00 3920.92.00 3920.93.00 3920.94.00 3920.99.10 3920.99.20 3920.99.50 3921.11.00 3921.12.11 3921.12.15 3921.12.19 3921.12.50 3921.13.11 3921.13.15 3921.13.19 3921.13.50 3921.14.00 sradovich on DSK3GMQ082PROD with NOTICES 3921.19.00 3921.90.11 VerDate Sep<11>2014 17:15 Aug 15, 2018 Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of regenerated cellulose Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of cellulose acetate Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of vulcanized fiber Nonadhesive films, strips, sheets, noncellular, not combined with other materials, of other cellulose derivatives nesoi, n/o 0.076 mm thick Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of cellulose derivatives, nesoi Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polyvinyl butyral Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polyamides Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of amino-resins Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of phenolic resins Nonadhesive film, noncellular, not combined with other materials, of plastics nesoi, flexible, over 0.152mm thick, not in rolls Nonadhesive film, strips and sheets, noncellular, not combined with other materials, of plastics nesoi, flexible Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of plastics, nesoi Nonadhesive plates, sheets, film, foil and strip, cellular, of polymers of styrene Nonadhesive plates, sheets, film, foil, strip, cellular, of polymers of vinyl chloride, with man-made textile fibers, over 70% plastics Nonadhesive plates, sheets, film, foil, strip, cellular, of polymers of vinyl chloride, with man-made textile fibers, n/o 70% plastics Nonadhesive plates, sheets, film, foil and strip, cellular, of polymers of vinyl chloride, combined with textile materials, nesoi Nonadhesive plates, sheets, film, foil and strip, cellular, of polymers of vinyl chloride, not combined with textile materials Nonadhesive plates, sheets, film, foil and strip, cellular, of polyurethanes, with manmade textile fibers, over 70% plastics Nonadhesive plates, sheets, film, foil and strip, cellular, of polyurethanes, with manmade textile fibers, not over 70 percent plastics Nonadhesive plates, sheets, film, foil and strip, cellular, of polyurethanes, combined with textile materials nesoi Nonadhesive plates, sheets, film, foil and strip, cellular, of polyurethanes, not combined with textile materials, nesoi Nonadhesive plates, sheets, film, foil and strip, cellular, of regenerated cellulose Nonadhesive plates, sheets, film, foil and strip, cellular, of plastics nesoi Nonadhesive plates, sheets, film, foil, strip, of noncellular plastics combined with man-made fibers, n/o 1.492 kg/sq m, over 70% plastics Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.010</GPH> 3920.71.00 Product Description Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading 3921.90.15 3921.90.19 3921.90.21 3921.90.25 3921.90.29 3921.90.40 40833 Product Description Nonadhesive plates, sheets, film, foil, strip, of noncellular plastics combined with man-made fibers, n/o 1.492 kg/sq m, n/o 70% plastics Nonadhesive plates, sheets, film, foil and strip, of noncellular plastics combined with textile materials, nesoi, not over 1.492 kg/sq m Nonadhesive plates, sheets, film, foil and strip, of noncellular plastics combined with cotton, over 1.492 kg/sq m Nonadhesive plates, sheets, film, foil and strip, of noncellular plastics combined with man-made fibers, over 1.492 kg/sq m Nonadhesive plates, sheets, film, foil and strip, of noncellular plastics combined with textile materials, nesoi, over 1.492 kg/sq m 3921.90.50 Nonadhesive plates, sheets, film, foil and strip, flexible, nesoi, of noncellular plastics Nonadhesive plates, sheets, film, foil and strip, nonflexible, nesoi, of noncellular plastics 7002.20.10 Glass rods of fused quartz or other fused silica, unworked 7308.10.00 Iron or steel, bridges and bridge sections 7308.20.00 Iron or steel, towers and lattice masts 7308.90.30 Iron or steel, not in part alloy steel, columns, pillars, posts, beams and girders 7308.90.60 Iron or steel, columns, pillars, posts, beams and girders, nesoi 7308.90.70 Steel, grating for structures or parts of structures Iron or steel, structures (excluding prefab structures of 9406) and parts of structures, nesoi Aluminum, stranded wire, cables & the like w/steel core, not electrically insulated, not fitted with fittings & not made up into articles Aluminum, elect. conductors of stranded wire, cables & the like (a/than w/steel core), n/elect. insulated, n/fitted w/fittings or articles 7308.90.95 7614.10.10 7614.90.20 8406.82.10 8407.34.05 8407.34.35 8407.90.10 8407.90.90 8408.20.10 8419.60.10 8419.89.10 8420.10.20 Calendering or similar rolling machines for making paper pulp, paper or paperboard 8420.99.10 Parts of calendering or rolling machines for processing textiles VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.011</GPH> sradovich on DSK3GMQ082PROD with NOTICES 8419.89.95 Steam turbines other than for marine propulsion, of an output not exceeding 40 MW Spark-ignition reciprocating piston engines used in agricultural tractors, cylinder capacity over 1000 cc to 2000 cc Spark-ignition reciprocating piston engines used in agricultural tractors, cylinder capacity over 2000 cc Spark-ignition rotary or reciprocating internal-combustion piston engines nesoi, installed in agricultural/horticultural machinery/equipment Spark-ignition rotary or reciprocating internal-combustion piston engines, for machinery or equipment nesoi Compression-ignition internal-combustion piston engines to be installed in tractors suitable for agricultural use Machinery for liquefying air or gas containing brazed aluminum plate-fin heat exchangers Machinery and equipment for the treatment of materials (by a process which changes temperatures), for making paper pulp, paper or paperboard Industrial machinery, plant or equipment for the treatment of materials, by process involving a change in temperature, nesoi 40834 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading 8424.82.00 8424.89.90 8432.29.00 8432.31.00 8432.39.00 8432.42.00 8443.99.40 8455.90.40 8464.10.01 8465.95.00 8466.30.80 8473.50.60 8473.50.90 Product Description Agricultural or horticultural projecting or dispersing equipment including irrigation equipment Other mechanical appliances for projecting, dispersing or spraying liquids or powders, nesoi Harrows (other than disc), scarifiers, cultivators, weeders and hoes for soil preparation or cultivation No-till direct seeders, planters and transplanters Seeders, planters and transplanters, nesoi Fertilizer distributors Parts of photocopying apparatus of subheading 8443.39.20 specified in additional U.S. note 4 to this chapter Parts for metal-rolling mills, other than rolls, in the form of castings or weldments, individually weighing less than 90 tons Sawing machines for working stone, ceramics, concrete, asbestos-cement or like mineral materials or for cold working glass Drilling or mortising machines for working wood, cork, bone, hard rubber, hard plastics or similar hard materials Special attachments for use solely or principally for machine tools of headings 8456 to 8465, nesoi Part/accessory (also face plate and lock latch) of printed circuit assemblies suitable for use w/machine of two or more heading 8469 to 8472 Parts and accessories, nesoi, suitable for use with machines of two or more of the headings 8469 to 8472 8475.29.00 Machines for manufacturing or hot working glass or glassware, nesoi 8483.30.80 Bearing housings nesoi; plain shaft bearings 8486.10.00 8486.20.00 Machines and apparatus for the manufacture of boules or wafers Machines and apparatus for the manufacture of semiconductor devices or electronic integrated circuits 8486.30.00 8486.40.00 Machines and apparatus for the manufacture of flat panel displays Machines and apparatus for the manufacture of masks and reticles; for the assembly of electronic integrated circuits; Parts and accessories of the machines and apparatus for the manufacture of semiconductor devices, electronic integrated circuits and flat pa 8486.90.00 8501.10.20 Electric motors of an output of under 18.65 W, synchronous, valued not over $4 each 8501.10.60 8501.20.40 Electric motors of an output of 18.65 W or more but not exceeding 37.5 W Universal AC/DC motors of an output exceeding 74.6 W but not exceeding 735 W DC motors, nesoi, of an output exceeding 74.6 W but not exceeding 735 W 8501.32.20 DC motors nesoi, of an output exceeding 750 W but not exceeding 14.92 kW 8501.32.60 DC generators of an output exceeding 750 W but not exceeding 75 kW 8501.33.20 8501.33.30 DC motors nesoi, of an output exceeding 75 kW but under 149.2 kW DC generators of an output not exceeding 750 W 8501.52.40 DC motors, nesoi, 149.2 kW or more but not exceeding 150 kW AC motors nesoi, multi-phase, of an output exceeding 750 W but not exceeding 14.92 kW 8501.53.60 AC motors, nesoi, multi-phase, 149.2 kW or more but not exceeding 150 kW VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.012</GPH> sradovich on DSK3GMQ082PROD with NOTICES 8501.31.40 8501.31.80 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading 8503.00.95 8507.80.40 8507.80.81 8511.80.20 8511.80.40 8511.90.20 8511.90.40 8529.10.91 8533.90.40 8536.30.80 8536.50.70 8536.70.00 Product Description Other parts, nesoi, suitable for use solely or principally with the machines in heading 8501 or 8502 Other storage batteries nesoi, of a kind used as the primary source of electrical power for electrically powered vehicles of 8703.90 Other storage batteries nesoi, other than of a kind used as the primary source of power for electric vehicles Voltage and voltage-current regulators with cut-out relays designed for use on 6, 12 or 24 V systems Voltage and voltage-current regulators with cut-out relays other than those designed for use on 6, 12 or 24 V systems Parts of voltage and voltage-current regulators with cut-out relays, designed for use on 6, 12 or 24 V systems Parts of voltage and voltage-current regulators with cut-out relays, other than those designed for use on 6, 12 or 24 V systems Other antennas and antenna reflectors of all kinds and parts, for use For the goods of subheading 8533.40, of ceramic or metallic materials, electrically or mechanically reactive to changes in temperature Electrical apparatus for protecting electrical circuits, for a voltage not exceeding 1,000 V, nesoi Certain specified electronic and electromechanical snap-action switches, for a voltage not exceeding 1,000 V 8537.10.30 Connectors for optical fibers, optical fiber bundles or cables Electric control panels, for a voltage not exceeding 1,000, assembled with outer housing or supports, for goods of 8421, 8422, 8450 or 8516 8541.10.00 Diodes, other than photosensitive or light-emitting diodes 8541.40.60 Diodes for semiconductor devices, other than light-emitting diodes, nesoi 8542.31.00 Electronic integrated circuits: processors and controllers 8542.32.00 Electronic integrated circuits: memories 8542.33.00 Electronic integrated circuits: amplifiers 8542.39.00 Electronic integrated circuits: other 8542.90.00 Parts of electronic integrated circuits and microassemblies Other electric synchros and transducers; defrosters and demisters with electric resistors for aircraft 8543.70.45 8543.70.99 8544.49.10 8544.49.20 8544.60.60 Other machinery in this subheading Insulated electric conductors of a kind used for telecommunications, for a voltage not exceeding 80 V, not fitted with connectors Insulated electric conductors nesoi, for a voltage not exceeding 80 V, not fitted with connectors Insulated electric conductors nesoi, not of copper, for a voltage exceeding 1,000 V, not fitted with connectors Rail locomotives powered by electric accumulators (batteries) 8602.10.00 8605.00.00 Diesel-electric locomotives Railway or tramway passenger coaches and special purpose railway or tramway coaches, not self-propelled 8606.10.00 Railway or tramway tank cars and the like, not self-propelled VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.013</GPH> 8601.20.00 sradovich on DSK3GMQ082PROD with NOTICES 40835 40836 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading Product Description 8606.30.00 Railway or tramway self-discharging freight cars (a/than tank cars or insulated/refrig. freight cars), not self-propelled 8606.91.00 Railway or tramway freight cars nesoi, closed and covered, not self-propelled Railway or tramway freight cars nesoi, open, with non removable sides of a height over 60 em, not self-propelled 8606.92.00 8606.99.01 8607.11.00 8607.19.03 8607.19.30 8607.30.10 8607.30.50 Railway or tramway freight cars nesoi, not self-propelled Parts of railway/tramway locomotives/rolling stock, truck assemblies for selfpropelled vehicles Parts of railway/tramway locomotives/rolling stock, Parts of railway/tramway locomotives/rolling stock, self-propelled passenger coaches or freight cars Parts of railway/tramway locomotives/rolling stock, buffers, pts thereof, for stock of 8605 or 8606 Parts of railway/tramway locomotives/rolling stock, buffers, pts thereof, for stock of 8601 to 8605 axles parts of truck assemblies for nonhooks and other coupling devices, hooks and other coupling devices, 8701.20.00 Road tractors for semi-trailers 8701.30.50 Track-laying tractors, not suitable for agricultural use 8701.91.10 Other tractors of engine power <18kW, for agricultural use 8701.91.50 Other tractors of engine power <18kW, not for agricultural use 8701.92.10 Other tractors of engine power=> 18kW but< 37kW, for agricultural use 8701.92.50 Other tractors of engine power=> 18kW but< 37kW, not for agricultural use 8701.93.10 Other tractors of engine power=> 37kW but< 75kW, for agricultural use 8701.93.50 Other tractors of engine power=> 37kW but< 75kW, not for agricultural use 8701.94.10 Other tractors of engine power=> 75kW but< 130kW, for agricultural use 8701.94.50 Other tractors of engine power=> 75kW but< 130kW, not for agricultural use 8701.95.10 Other tractors of engine power >130kW, for agricultural use 8701.95.50 8704.90.00 Other tractors of engine power >130kW, not for agricultural use Mtr. vehicles for transport of goods, a/than w/compress. ign. or spark ign. recip. piston engine, nesoi 8705.10.00 Mtr. vehicles (a/than for transport of persons or of goods), mobile cranes 8705.20.00 Mtr. vehicles (a/than for transport of persons or of goods), mobile drilling derricks Mtr. vehicles (a/than for transport of persons or of goods), special purpose motor vehicles nesoi Motorcycles (incl. mopeds) and cycles, fitted w/recip. internal-combustion piston engine w/capacity n/o 50 cc 8705.90.00 8711.10.00 Motorcycles (incl. mopeds) and cycles, nesoi 8901.30.00 Vessels, designed for the transport of goods, refrigerated vessels (a/than tankers) 9001.10.00 Optical fibers, optical fiber bundles and cables, other than those of heading 8544 9001.20.00 9014.10.90 Sheets and plates of polarizing material Direction finding compasses, other than optical instruments, gyroscopic compasses or electrical 9025.19.40 Pyrometers, not combined with other instruments VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.014</GPH> Motorcycles (incl. mopeds) and cycles, w/electric motor for propulsion 8711.90.01 sradovich on DSK3GMQ082PROD with NOTICES 8711.60.00 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices HTS Subheading 9025.19.80 9025.80.10 Product Description Thermometers, for direct reading, not combined with other instruments, other than liquid-filled thermometers Electrical: hydrometers & sim. floating instr., hygrometers, psychometers, & any comb. with or w/o thermometers, pyrometers, & barometers 9027.10.20 Electrical gas or smoke analysis apparatus 9028.10.00 Gas supply or production meters, including calibrating meters thereof 9028.20.00 Liquid supply or production meters, including calibrating meters thereof 9028.30.00 Electricity supply or production meters, including calibrating meters thereof 9029.20.40 Speedometers and tachometers, other than bicycle speedometers Parts and accessories of revolution counters, production counters, odometers, pedometers and the like, of speedometers nesoi and tachometers Multimeters for measuring or checking electrical voltage, current, resistance or power, without a recording device 9030.31.00 9030.32.00 9030.84.00 9030.89.01 VerDate Sep<11>2014 17:15 Aug 15, 2018 Multimeters, with a recording device Instruments and apparatus for measuring, checking or detecting electrical quantities or ionizing radiations, nesoi: with a recording device Instruments and apparatus for measuring, checking or detecting electrical quantities or ionizing radiations, nesoi: w/o a recording device Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4725 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.015</GPH> 9029.90.80 sradovich on DSK3GMQ082PROD with NOTICES 40837 40838 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices ANNEX C Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 23, 2018: 1. U.S. note 20(a) to subchapter Ill of chapter 99 of the Harmonized Tariff Schedule ofthe United States (HTS) is modified: a. b. 2. by deleting: "Products of China that are classified in the subheadings enumerated in U.S. note 20(b) to subchapter Ill and that are eligible for special tariff treatment under general note 3(c)(i) to the HTSUS"; and by inserting in lieu thereof: "Products of China that are classified in the subheadings enumerated in U.S. note 20(b) to subchapter Ill and that are eligible for special tariff treatment under general note 3(c)(i) to the tariff schedule, or that are eligible for temporary duty exemptions or reductions under subchapter II to chapter 99,". U.S. note 20(a) to subchapter Ill of chapter 99 of the HTS is modified: a. b. 3. by deleting: "The rates of duty imposed by heading 9903.88.01 shall not apply to products for which entry is properly claimed under a heading or subheading in chapter 98."; and by inserting in lieu thereof: "The additional duties imposed by heading 9903.88.01 do not apply to goods for which entry is properly claimed under a provision of chapter 98 of the HTSUS, except for goods entered subheadings 9802.00.40, 9802.00.50, and 9802.00.60, and heading 9802.00.80. For subheadings 9802.00.40, 9802.00.50, and 9802.00.60, the additional duties apply to the value of repairs, alterations, or processing performed abroad, as described in the applicable subheading. For heading 9802.00.80, the additional duties apply to the value of the article less the cost or value of such products of the United States, as described in heading 9802.00.80." Subchapter Ill of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified by deleting the article description of heading 9903.88.01 and inserting the following article description in lieu thereof: "Articles the product of China, as provided for in U.S. note 20(a) to this subchapter and as provided for in the subheadings enumerated in U.S. note 20(b)". 4. U.S. note 20(b) to subchapter Ill of chapter 99 of the HTS is modified by deleting "9033.00" and [FR Doc. 2018–17709 Filed 8–15–18; 8:45 am] BILLING CODE 3290–F8–C VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00095 Fmt 4703 Sfmt 9990 E:\FR\FM\16AUN1.SGM 16AUN1 EN16AU18.016</GPH> sradovich on DSK3GMQ082PROD with NOTICES inserting "9033.00.90" in lieu thereof.

Agencies

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40823-40838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17709]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Action Pursuant to Section 301: China's Acts, Policies, 
and Practices Related to Technology Transfer, Intellectual Property, 
and Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The U.S. Trade Representative (Trade Representative) has 
determined that appropriate action in this investigation includes the 
imposition of an additional ad valorem duty of 25 percent on products 
from China classified in the subheadings of the Harmonized Tariff 
Schedule of the United States (HTSUS) set out in Annex A of this 
notice. The Trade Representative has further determined to establish a 
process by which U.S. stakeholders may request that particular products 
classified within a covered tariff subheading in Annex A be excluded 
from these additional duties.

DATES: The additional duties set out in Annex A to this notice are 
effective with respect to products that are entered for consumption, or 
withdrawn from warehouse for consumption, on or after August 23, 2018.

FOR FURTHER INFORMATION CONTACT: For questions about this action, 
contact Assistant General Counsel Arthur Tsao or Director of Industrial 
Goods Justin Hoffmann at (202) 395-5725. For questions on customs 
classification or implementation of additional duties on products 
identified in Annex A to this Notice, contact [email protected].

SUPPLEMENTARY INFORMATION: 

A. Proceedings in the Investigation

    On August 18, 2017, the Office of the U.S. Trade Representative 
(USTR) initiated an investigation into certain acts, policies, and 
practices of the Government of China related to technology transfer, 
intellectual property, and innovation (82 FR 40213).
    In a notice published on April 6, 2018 (83 FR 14906), the Trade 
Representative announced a determination that the acts, policies, and 
practices of the Government of China covered in the investigation are 
unreasonable or discriminatory and burden or restrict U.S. commerce. 
The April 6 notice also invited public comment on a proposed action in 
the investigation, in the form of an additional 25 percent ad valorem 
duty on products from China classified in a list of 1,333 tariff 
subheadings, with an annual trade value of approximately $50 billion. 
As explained in that notice, the level was appropriate both in light of 
the estimated harm to the U.S. economy, and to obtain elimination of 
China's harmful acts, policies, and practices.
    The public comment process included two opportunities for the 
submission of written comments, and the opportunity to participate in a 
public hearing. USTR received thousands of submissions, and held a 3-
day public hearing with more than 100 witnesses. The public versions of 
submissions and a transcript of the hearing are available on 
www.regulations.gov in docket number USTR-2018-0005.
    USTR and the interagency Section 301 Committee carefully reviewed 
the public comments and the testimony from the public hearing. USTR and 
the Section 301 Committee also carefully reviewed the extent to which 
the tariff subheadings in the April 6 notice include products 
containing industrially significant technology, including technologies 
and products related to China's ``Made in China 2025'' industrial 
policy program.
    Based on this review process, the Trade Representative determined 
to take an initial action in the investigation, and to consider an 
additional proposed action. The Trade Representative announced the 
determination on June 15, 2018, and published a notice on June 20, 2018 
(83 FR 28710). The Trade Representative narrowed the proposed list in 
the April 6 notice to 818 tariff subheadings, with an approximate 
annual trade value of $34 billion. This initial action became effective 
on July 6, 2018. The additional proposed action was an additional ad 
valorem duty of 25 percent on products of China classified in 284 
tariff subheadings, with an annual trade value of approximately $16 
billion, as set forth in Annex C to the June 20 notice. The June 20 
notice further explained that including these tariff subheadings in the 
Section 301 action would maintain the effectiveness of a $50 billion 
trade action.
    The June 20 notice invited public comment on the additional 
proposed action. USTR requested that commenters address specifically 
whether imposing increased duties on a particular listed subheading 
would be practicable or effective to obtain the elimination of China's 
acts, policies, and practices, and whether maintaining or imposing 
additional duties on a particular listed product would cause 
disproportionate economic harm to U.S. interests, including small or 
medium-sized businesses and consumers.
    In response to the notice of additional proposed action, interested 
persons filed over 700 written submissions. USTR and the Section 301 
Committee held a 2-day public hearing on July 24-25, 2018. During the 
hearing, 82 witnesses provided testimony and responded to questions. 
Interested parties also had the opportunity to provide rebuttal 
submissions. The public submissions and a transcript of the hearing are 
available on www.regulations.gov in docket number USTR-2018-0018.

B. Determination on Appropriate Action

    USTR and the Section 301 Committee have carefully reviewed the 
public comments and the testimony from the two-day public hearing. In 
addition, USTR and the interagency Section 301 Committee have carefully 
reviewed the extent to which the tariff subheadings in Annex C to the 
June 20 notice include products containing industrially significant 
technology, including technologies and products related to the ``Made 
in China 2025'' program. Based on this review process, the Trade 
Representative has determined to narrow the proposed tariff subheadings 
in Annex C to the June 20 notice to 279 tariff subheadings. The annual 
trade

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value of the final list remains approximately $16 billion.
    Pursuant to sections 301(b), 301(c), and 304(a) of the Trade Act of 
1974 (19 U.S.C. 2411(b), 2411(c), and 2414(a)), the Trade 
Representative determines that appropriate and feasible action in this 
investigation includes the imposition of an additional ad valorem duty 
of 25 percent on products of China covered in the tariff subheadings 
listed in Annex A to this notice. Annex B to this notice contains the 
same list of tariff subheadings, with unofficial descriptions of the 
types of products covered in each subheading.
    In order to implement this determination, effective August 23, 
2018, subchapter III of chapter 99 of the HTSUS is modified by Annex A 
of this notice. Products of China that are provided for in new HTSUS 
heading 9903.88.02, as established by Annex A of this notice that are 
entered for consumption, or withdrawn from warehouse for consumption, 
on or after 12:01 a.m. Eastern daylight time on August 23, 2018, will 
be subject to an additional ad valorem duty of 25 percent. The rates of 
duty applicable to products of China that are provided for in new HTSUS 
heading 9903.88.02 apply in addition to all other applicable duties, 
fees, exactions, and charges.
    The HTSUS note in Annex A, as compared to the HTSUS note in Annex A 
to the June 20 notice, includes clarifications on the application of 
the additional duties to goods entered under certain provisions of 
Chapter 98 and 99 of the HTSUS. Annex C to this notice modifies the 
HTSUS note in Annex A to the June 20 notice in order to reflect these 
clarifications. In addition, Annex C makes a conforming amendment to 
the HTSUS heading in Annex A to the June 20 notice, and makes a 
technical correction to the HTSUS note in Annex A to the June 20 
notice.
    Any product listed in Annex A to this notice, except any product 
that is eligible for admission under `domestic status' as defined in 19 
CFR 146.43, which is subject to the additional duty imposed by this 
determination, and is admitted into a U.S. foreign trade zone on or 
after 12:01 a.m. Eastern daylight time on August 23, 2018, only may be 
admitted as `privileged foreign status' as defined in 19 CFR 146.41. 
Such products will be subject upon entry for consumption to any ad 
valorem rates of duty or quantitative limitations related to the 
classification under the applicable HTSUS subheading.
    During the notice and comment process, a number of interested 
persons asserted that specific products within a particular tariff 
subheading only were available from China, that imposition of 
additional duties on the specific products would cause severe economic 
harm to a U.S. interest, and that the specific products were not 
strategically important or related to the ``Made in China 2025'' 
program. In light of such concerns, and pursuant to sections 301(b), 
301(c), 304(a), and 307(a) of the Trade Act of 1974 (19 U.S.C. 2411(b), 
2411(c), 2414(a), and 2417(a)), the Trade Representative has determined 
that USTR will establish a process by which U.S. stakeholders may 
request that particular products classified within an HTSUS subheading 
listed in Annex A be excluded from these additional duties. The process 
will be comparable to the exclusion process established in connection 
with the initial, $34 billion trade action. USTR will publish a 
separate notice describing the product exclusion process, including the 
procedures for submitting exclusion requests, and an opportunity for 
interested persons to submit oppositions to a request.

Robert Lighthizer,
United States Trade Representative.
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[FR Doc. 2018-17709 Filed 8-15-18; 8:45 am]
 BILLING CODE 3290-F8-C