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]
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
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0027 in the search field on the home
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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consumption, or withdrawn from
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SUMMARY:
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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,
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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
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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.
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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
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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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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
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claimed under a provision of chapter 98 of the HTSUS, except for goods entered under subheadings
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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
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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
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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
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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
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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
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"(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
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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
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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"
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Motorcycles (incl. mopeds) and cycles, w/electric motor for propulsion
8711.90.01
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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
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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
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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]
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 40824]]
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]
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