Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 67463-67468 [2018-28277]
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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
30. Turki Alsehri: Turki Alsehri was
designated on November 15, 2018, for
being responsible for, or complicit in, or
having directly or indirectly engaged in
serious human rights abuse. He played
a role in the killing of Jamal Khashoggi
on October 2, 2018.
31. Mohammed Alotaibi: Mohammed
Alotaibi was designated on November
15, 2018, for being responsible for, or
complicit in, or having directly or
indirectly engaged in serious human
rights abuse. Alotaibi played a role in
the killing of Jamal Khashoggi and, in
his capacity as Consul General, oversaw
the Consulate General of Saudi Arabia
in Istanbul where the killing occurred.
Visa Restrictions Imposed
Although no visa restrictions were
imposed under the Act during 2018,
persons designated pursuant to E.O.
13818 shall be subject to the visa
restrictions articulated in section 2,
unless an exception applies. Section 2
provides that the entry of persons
designated under section 1 of the order
is suspended pursuant to Presidential
Proclamation 8693. In addition, the
Department of State continues to take
action, as appropriate, to impose visa
restrictions on those responsible for
certain human rights violations and
corruption pursuant to other authorities,
including Presidential Proclamations
7750 and 8697, and Section 7031(c) of
the FY2018 Consolidated
Appropriations Act. In addition, section
212(a)(3)(E) of the Immigration and
Nationality Act renders aliens ineligible
for visas if a consular officer has reason
to believe that they participated in acts
of genocide, torture or extrajudicial
killings. The Department of State also
continues to share information on an
ongoing basis about the operation of
Presidential Proclamation 7750 and
section 7031(c) with interested
governments.
Termination of Sanctions
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1. Abdulhamit Gul: On November 2,
2018, the Department of the
Treasury terminated sanctions with
respect to Abdulhamit Gul.
2. Suleyman Soylu: On November 2,
2018, the Department of the
Treasury terminated sanctions with
respect to Suleyman Soylu.
18:13 Dec 27, 2018
Dated: December 19, 2018.
David Hale,
Under Secretary for Political Affairs,
Department of State.
[FR Doc. 2018–28311 Filed 12–27–18; 8:45 am]
BILLING CODE 4710–AE–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusions: China’s
Acts, Policies, and Practices Related to
Technology Transfer, Intellectual
Property, and Innovation
Office of the United States
Trade Representative.
ACTION: Notice of product exclusions.
AGENCY:
Effective July 6, 2018, the U.S.
Trade Representative (Trade
Representative) imposed additional
duties on goods of China with an annual
trade value of approximately $34 billion
(the $34 billion action) as part of the
action in the Section 301 investigation
of China’s acts, policies, and practices
related to technology transfer,
intellectual property, and innovation.
The Trade Representative’s
determination included a decision to
establish a product exclusion process.
The Trade Representative initiated the
exclusion process in July 2018, and
stakeholders have proceeded to submit
SUMMARY:
The Secretary of the Treasury, in
consultation with the Secretary of State,
terminated financial sanctions on the
following persons previously designated
for serious human rights abuse:
VerDate Sep<11>2014
Efforts To Encourage Governments of
Other Countries To Impose Sanctions
Similar to Those Authorized by the Act
In 2018, the Administration
undertook an expansive outreach
campaign in Europe, Canada, and the
United Kingdom to lay the groundwork
for a multilateral, trans-Atlantic human
rights sanctions regime. After consulting
closely with Canada, the United
Kingdom, France, Germany, Spain, The
Netherlands, Belgium, Estonia,
Lithuania, and the European Union, the
Administration has identified
champions, partners, and potential
spoilers of the objectives established by
Congress within the Act. Subsequent to
our outreach, the Foreign Ministers of
Canada and the Netherlands, and the
Prime Minister of the United Kingdom
each publicly endorsed the
establishment of a human rights
sanctions program at the European
Union. The United States joins our
Canadian, Dutch, and British partners in
calling for such a program, and
continues to provide both public and
private support for this initiative. The
Departments of State and Treasury have,
over the last year, shared information,
coordinated messaging, and provided
technical assistance to this end.
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67463
requests for the exclusion of specific
products. This notice announces the
Trade Representative’s determination to
grant certain exclusion requests, as
specified in the Annex to this notice.
The Trade Representative will continue
to issue decisions on pending requests
on a periodic basis.
DATES: The product exclusions
announced in this notice will apply as
of the July 6, 2018 effective date of the
$34 billion action, and will extend for
one year after the publication of this
notice. U.S. Customs and Border
Protection will issue instructions on
entry guidance and implementation.
FOR FURTHER INFORMATION CONTACT: For
general questions about this notice,
contact Assistant General Counsels
Arthur Tsao or Megan Grimball, or
Director of Industrial Goods Justin
Hoffmann at (202) 395–5725. For
specific questions on customs
classification or implementation of the
product exclusions identified in the
Annex to this notice, contact
traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
A. Background
For background on the proceedings in
this investigation, please see the prior
notices issued in the investigation,
including 82 FR 40213 (August 23,
2017), 83 FR 14906 (April 6, 2018), 83
FR 28710 (June 20, 2018), 83 FR 33608
(July 17, 2018), 83 FR 38760 (August 7,
2018), and 83 FR 40823 (August 16,
2018), 83 FR 47974 (September 21,
2018), and 83 FR 65198 (December 19,
2018).
Effective July 6, 2018, the Trade
Representative imposed additional 25
percent duties on goods of China
classified in 818 8-digit subheadings of
the Harmonized Tariff Schedule of the
United States (HTSUS), with an
approximate annual trade value of $34
billion. See 83 FR 28710. The Trade
Representative’s determination included
a decision to establish a process by
which U.S. stakeholders may request
exclusion of particular products
classified within an 8-digit HTSUS
subheading covered by the $34 billion
action from the additional duties. The
Trade Representative issued a notice
setting out the process for the product
exclusions, and opening a public
docket. See 83 FR 32181 (the July 11
notice).
Under the July 11 notice, requests for
exclusion had to identify the product
subject to the request in terms of the
physical characteristics that distinguish
the product from other products within
the relevant 8-digit subheading covered
by the $34 billion action. Requestors
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also had to provide the 10-digit
subheading of the HTSUS most
applicable to the particular product
requested for exclusion, and could
submit information on the ability of U.S.
Customs and Border Protection to
administer the requested exclusion.
Requestors had to provide the quantity
and value of the Chinese-origin product
that the requestor purchased in the last
three years. With regard to the rationale
for the requested exclusion, requests
had to address the following factors:
• Whether the particular product only
is available from China and specifically
whether the particular product and/or a
comparable product is available from
sources in the United States and/or
third countries.
• Whether the imposition of
additional duties on the particular
product would cause severe economic
harm to the requestor or other U.S.
interests.
• Whether the particular product is
strategically important or related to
‘‘Made in China 2025’’ or other Chinese
industrial programs.
The July 11 notice stated that the
Trade Representative would take into
account whether an exclusion would
undermine the objective of the Section
301 investigation.
The July 11 notice required
submission of requests for exclusion
from the $34 billion action no later than
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18:13 Dec 27, 2018
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October 9, 2018, and noted that the
Trade Representative would
periodically announce decisions. The
Trade Representative regularly updates
the status of each pending request and
posts the status at https://ustr.gov/issueareas/enforcement/section-301investigations/request-exclusion.
B. Determination To Grant Certain
Exclusions
Based on the evaluation of the factors
set out in the July 11 notice, which are
summarized above, pursuant to sections
301(b), 301(c), and 307(a) of the Trade
Act of 1974, as amended, and in
accordance with the advice of the
interagency Section 301 Committee, the
Trade Representative has determined to
grant the product exclusions set out in
the Annex to this notice. The Trade
Representative’s determination also
takes into account advice from advisory
committees and any public comments
on the pertinent exclusion requests.
As set out in the Annex to this notice,
the exclusions are established in two
different formats: (1) As an exclusion of
an existing 10-digit subheading from
within an 8-digit subheading covered by
the $34 billion action, or (2) as an
exclusion reflected in specially
prepared product descriptions. In
particular, the exclusions take the form
of seven 10-digit HTSUS subheadings,
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and 24 specially prepared product
descriptions.
In accordance with the July 11 notice,
the exclusions are available for any
product that meets the description in
the Annex, regardless of whether the
importer filed an exclusion request.
Further, the scope of each exclusion is
governed by the scope of the 10-digit
headings and product descriptions in
the Annex to this notice, and not by the
product descriptions set out in any
particular request for exclusion.
The exclusions in the Annex cover
approximately 1,000 separate exclusion
requests: the excluded 10-digit
subheadings cover 918 separate
requests, and the 24 specially drafted
product descriptions cover
approximately 66 separate requests.
As stated in July 11 Notice, the
exclusions will apply as of the July 6,
2018 effective date of the $34 billion
action, and extend for one year after the
publication of this notice. U.S. Customs
and Border Protection will issue
instructions on entry guidance and
implementation.
The Trade Representative will
continue to issue determinations on
pending requests on a periodic basis.
Stephen Vaughn,
General Counsel, Office of the U.S. Trade
Representative.
BILLING CODE3290–F9–C
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ANNEX
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 July 6, 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 9903.88.05 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
"9903.88.05
2.
Article Description
2
1
General
Articles the product of China, as provided for
in U.S. note 20(h) to this subchapter, each
covered by an exclusion granted by the U.S.
Trade Representative .....................
Special
The duty
provided in
the
applicable
subheading"
by inserting the following new U.S. note 20(h) to subchapter Ill of chapter 99 in
numerical sequence:
"(h) The U.S. Trade Representative determined to establish a process by which particular
products classified in heading 9903.88.01 and provided for in U.S. notes 20(a) and 20(b)
could be excluded from the additional duties imposed by heading 9903.88.01. See 83 Fed.
Reg. 28710 (June 20, 2018) and 83 Fed. Reg. 32181 (July 11, 2018). Pursuant to the product
exclusion process, the U.S. Trade Representative has determined that the additional duties
provided for in heading 9903.88.01 shall not apply to the following particular products,
which are provided for in the enumerated statistical reporting numbers:
(i)
8412.21.0075
(ii)
8418.69.0120
(iii)
8480.71.8045
(iv)
8482.10.5044
(v)
8482.10.5048
(vi)
8482.10.5052
(vii)
8525.60.1010
(viii)
Spark-ignition engines for marine propulsion, outboard, each rated at not less than
29.83 kW but not more than 44.74 kW (described in statistical reporting number
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8407.21.0080)
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(ix)
Welded hydraulic linear acting (cylinders) engines and motors, each with piston
bore of 12.7 mm or more but not over 34.6 mm, with stroke not over 11.43 m,
overall length not over 15.24 m and rod diameter not over 1.219 m (described in
statistical reporting number 8412.21.0030)
(x)
Stretchers of stainless steel, designed to move rollers to adjust tension of paper
fabric to be dried, each with a pivoting arm with an actuator, linear rail movement
with an actuator, and front and back units with mounting holes for tube roll bearing
housings (described in statistical reporting number 8419.90.2000)
(xi)
Roller machines with dies for embossing paper, manually powered (described in
(xii)
Salad spinners of plastics, with capacity of at least 2.4 liters but not more than 3.8
statistical reporting number 8420.10.9080)
liters (described in statistical reporting number 8421.19.0000)
(xiii)
Nonelectric water filtration apparatus consisting of three cylinder-shaped filter
cartridges, each measuring 6.35 em by 26.67 em, having water storage tank and
plastic tubing measuring 0.63 em or more but not over 0.95 em, presented with
installation kit (described in statistical reporting number 8421.21.0000)
(xiv)
Winches, each having a winch frame with a corrosion resistant coating and stainless
steel mandrel with nylon bushings, operated manually by a worm gear mechanism
(described in statistical reporting number 8425.39.0100)
(xv)
Elevators, comprising L-shaped steel buckets bolted to a steel chain, with guide
rollers and a drive system (described in statistical reporting number 8428.32.0000)
(xvi)
Belt conveyors, each comprising a frame with leveling feet, electric motor and food
grade plastic conveyor belt (described in statistical reporting number 8428.33.0000)
(xvii)
Belt conveyors, each comprising a welded frame with leveling feet and casters,
electric motor and food grade plastic modular conveyor belt (described in statistical
reporting number 8428.33.0000)
(xviii)
Guards of stainless steel, designed to shield operators of papermaking machines
from moving or rotating equipment, each with dimensions ranging from 30 em by
30 em by 50 em to 50 em by 50 em by 4 m, weighing 30 kg or more but not over 100
kg (described in statistical reporting number 8439.99.1000)
(xix)
Scrapers ("doctors") of stainless steel, designed to scrape impurities from the
rotating roll surface of the forming and press sections of papermaking machines,
each comprising a beam with a blade of non-symmetrical cross section, long aspect
ratio, and mounting journals and turning devices on either end, with dimensions
ranging from 50 em by 50 em by 8 m to 60 em by 6 m by 11 m, weighing 1 metric ton
or more but not over 3 metric tons (described in statistical reporting number
8439.99.1000)
(xx)
Frameworks of the forming and press section of papermaking machines, of stainless
steel or cladded mild steel with stainless or acid proof steel, each with dimensions
ranging from 1 m by 1 m by 1 m to 2.3 m by 2.3 m by 12 m, weighing 500 kg or more
but not over 40 metric tons (described in statistical reporting number 8439.99.1000)
Guides of stainless steel, designed for locating conveyer belts on papermaking
machines, each with a moving arm with an actuator and front and back units with
mounting holes for tube roll bearing houses, each with dimensions ranging from 40
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(xxi)
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67467
em by 50 em by 30 em to 1m by 1 m by 50 em, weighing 300 kg or more but not
over 500 kg (described in statistical reporting number 8439.99.1000)
(xxii)
Rollers of steel and cast iron ("nip rollers") with bearing journals on either end,
designed for use in paper manufacturing to mechanically compress paper web to
remove water or impart desired mechanical properties in paper web, each with a
polymer cover, the foregoing with length of 7 m or more but not over 12 m, with
diameter of 1 m or more but not over 1.5 m, weighing 15 metric tons or more but
not over 30 metric tons (described in statistical reporting number 8439.99.1000)
(xxiii)
Open containers ("savealls") of stainless steel, designed to catch water run off
generated in the papermaking process, constructed of large square shaped plates
and flat constructions with mounting holes on ends, each with dimensions ranging
from 50 em by 50 em by 50 em to 1.5 m by 1 m by 10 m, weighing 50 kg or more but
not over 2 metric tons (described in statistical reporting number 8439.99.1000)
(xxiv)
Stretchers of stainless steel, designed to move rollers of papermaking machines to
adjust tension of fabric, each with a pivoting arm with an actuator, linear rail
movement with an actuator and front and back units with mounting holes for tube
roll bearing housings (described in statistical reporting number 8439.99.1000)
(xxv)
Suction boxes of stainless steel, which remove water from paper web or
papermaking fabrics during papermaking, each with dimensions ranging from 50 em
by 50 em by 8 m to 1 m by 1 m by 10 m, weighing 1.5 metric tons or more but not
over 2 metric tons (described in statistical reporting number 8439.99.1000)
(xxvi)
Rollers of stainless steel or cast iron, designed for use in paper manufacturing to
support and convey papermaking cloth (i.e. fabric) or the paper web, each weighing
7 metric tons or more but not over 20 metric tons, measuring 7 m or more but not
over 12 m in length, with diameter of 40 em or more but not over 1.5 m, presented
with bearing journals on either end and a polymer cover (described in statistical
reporting number 8439.99.1000)
(xxvii)
Workstands designed to use with miter saws, each with metal tube frame, 4 metal
legs and 2 metal extension arms (described in statistical reporting number
8466.92.5010)
(xxviii) Workstands designed for use with miter saws, each with wheels to make workstand
mobile and with sides that fold up to extend the work area (described in statistical
reporting number 8466.92.5010)
(xxix)
Angle cock handle assemblies, of iron and steel, each measuring 11.43 em by 21.59
em by 5.08 em and weighing 0.748 kg (described in statistical reporting number
8481.90.9040)
(xxx)
Radiation therapy systems, each encased by steel-based structural shell with gantry
cover comprising three pairs of plastics-based panels (described in statistical
reporting number 9022.14.0000)
(xxxi)
Thermostats designed for air conditioning or heating systems, not designed to
connect to the internet, the foregoing designed for wall mounting (described in
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statistical reporting number 9032.10.0030)
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BILLING CODE 3290–F9–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. USTR–2018–0037]
Request for Comments and Notice of
a Public Hearing Regarding the 2019
Special 301 Review
Office of the United States
Trade Representative.
ACTION: Request for comments and
notice of public hearing.
AGENCY:
Each year, the Office of the
United States Trade Representative
(USTR) conducts a Special 301 review
to identify countries that deny adequate
and effective protection of intellectual
property rights (IPR) or deny fair and
equitable market access to U.S. persons
who rely on intellectual property
protection. Based on this review, the
United States Trade Representative
(Trade Representative) determines
which, if any, of these countries to
identify as Priority Foreign Countries.
USTR requests written comments that
identify acts, policies, or practices that
may form the basis of a country’s
identification as a Priority Foreign
Country or placement on the Priority
Watch List or Watch List. USTR also
requests notices of intent to appear at
the public hearing.
DATES:
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SUMMARY:
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February 7, 2019 at 11:59 p.m. EST:
Deadline for submission of written
comments, hearing statements, and
notices of intent to appear at the hearing
from the public.
February 21, 2019 at 11:59 p.m. EST:
Deadline for submission of written
comments, hearing statements, and
notices of intent to appear at the hearing
from foreign governments.
February 27, 2019: The Special 301
Subcommittee will hold a public
hearing at the Office of the United State
Trade Representative, 1724 F Street NW,
Rooms 1&2, Washington, DC. If
necessary, the hearing may continue on
the next business day. Please consult
the USTR website at https://ustr.gov/
issue-areas/intellectual-property/
Special-301, for confirmation of the date
and location and the schedule of
witnesses. March 5, 2019 at 11:59 p.m.
EST: Deadline for submission of posthearing written comments from persons
who testified at the public hearing.
On or about April 26, 2019: USTR
will publish the 2019 Special 301
Report within 30 days of the publication
of the National Trade Estimate (NTE)
Report.
USTR strongly encourages
electronic submissions made through
the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
submission instructions in section IV
below. The docket number is USTR–
2018–0037. For alternatives to on-line
submissions, please contact USTR at
Special301@ustr.eop.gov before
ADDRESSES:
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transmitting a comment and in advance
of the relevant deadline.
FOR FURTHER INFORMATION CONTACT:
Sung Chang, Director for Innovation and
Intellectual Property, at special301@
ustr.eop.gov. You can find information
about the Special 301 Review at
www.ustr.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182 of the Trade Act of 1974
(Trade Act) (19 U.S.C. 2242), commonly
known as the ‘‘Special 301’’ provisions,
requires the Trade Representative to
identify countries that deny adequate
and effective IPR protections or fair and
equitable market access to U.S. persons
who rely on intellectual property
protection. The Trade Act requires the
Trade Representative to determine
which, if any, of these countries to
identify as Priority Foreign Countries.
Acts, policies or practices that are the
basis of a country’s identification as a
Priority Foreign Country can be subject
to the procedures set out in sections
301–305 of the Trade Act (19 U.S.C.
2411–2415).
In addition, USTR has created a
‘‘Priority Watch List’’ and ‘‘Watch List’’
to assist the Administration in pursuing
the goals of the Special 301 provisions.
Placement of a trading partner on the
Priority Watch List or Watch List
indicates that particular problems exist
in that country with respect to IPR
protection, enforcement, or market
access for persons that rely on
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[FR Doc. 2018–28277 Filed 12–27–18; 8:45 am]
Agencies
[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67463-67468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28277]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusions: China's Acts, Policies, and
Practices Related to Technology Transfer, Intellectual Property, and
Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of product exclusions.
-----------------------------------------------------------------------
SUMMARY: Effective July 6, 2018, the U.S. Trade Representative (Trade
Representative) imposed additional duties on goods of China with an
annual trade value of approximately $34 billion (the $34 billion
action) as part of the action in the Section 301 investigation of
China's acts, policies, and practices related to technology transfer,
intellectual property, and innovation. The Trade Representative's
determination included a decision to establish a product exclusion
process. The Trade Representative initiated the exclusion process in
July 2018, and stakeholders have proceeded to submit requests for the
exclusion of specific products. This notice announces the Trade
Representative's determination to grant certain exclusion requests, as
specified in the Annex to this notice. The Trade Representative will
continue to issue decisions on pending requests on a periodic basis.
DATES: The product exclusions announced in this notice will apply as of
the July 6, 2018 effective date of the $34 billion action, and will
extend for one year after the publication of this notice. U.S. Customs
and Border Protection will issue instructions on entry guidance and
implementation.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Assistant General Counsels Arthur Tsao or Megan
Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395-
5725. For specific questions on customs classification or
implementation of the product exclusions identified in the Annex to
this notice, contact traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
A. Background
For background on the proceedings in this investigation, please see
the prior notices issued in the investigation, including 82 FR 40213
(August 23, 2017), 83 FR 14906 (April 6, 2018), 83 FR 28710 (June 20,
2018), 83 FR 33608 (July 17, 2018), 83 FR 38760 (August 7, 2018), and
83 FR 40823 (August 16, 2018), 83 FR 47974 (September 21, 2018), and 83
FR 65198 (December 19, 2018).
Effective July 6, 2018, the Trade Representative imposed additional
25 percent duties on goods of China classified in 818 8-digit
subheadings of the Harmonized Tariff Schedule of the United States
(HTSUS), with an approximate annual trade value of $34 billion. See 83
FR 28710. The Trade Representative's determination included a decision
to establish a process by which U.S. stakeholders may request exclusion
of particular products classified within an 8-digit HTSUS subheading
covered by the $34 billion action from the additional duties. The Trade
Representative issued a notice setting out the process for the product
exclusions, and opening a public docket. See 83 FR 32181 (the July 11
notice).
Under the July 11 notice, requests for exclusion had to identify
the product subject to the request in terms of the physical
characteristics that distinguish the product from other products within
the relevant 8-digit subheading covered by the $34 billion action.
Requestors
[[Page 67464]]
also had to provide the 10-digit subheading of the HTSUS most
applicable to the particular product requested for exclusion, and could
submit information on the ability of U.S. Customs and Border Protection
to administer the requested exclusion. Requestors had to provide the
quantity and value of the Chinese-origin product that the requestor
purchased in the last three years. With regard to the rationale for the
requested exclusion, requests had to address the following factors:
Whether the particular product only is available from
China and specifically whether the particular product and/or a
comparable product is available from sources in the United States and/
or third countries.
Whether the imposition of additional duties on the
particular product would cause severe economic harm to the requestor or
other U.S. interests.
Whether the particular product is strategically important
or related to ``Made in China 2025'' or other Chinese industrial
programs.
The July 11 notice stated that the Trade Representative would take
into account whether an exclusion would undermine the objective of the
Section 301 investigation.
The July 11 notice required submission of requests for exclusion
from the $34 billion action no later than October 9, 2018, and noted
that the Trade Representative would periodically announce decisions.
The Trade Representative regularly updates the status of each pending
request and posts the status at https://ustr.gov/issue-areas/enforcement/section-301-investigations/request-exclusion.
B. Determination To Grant Certain Exclusions
Based on the evaluation of the factors set out in the July 11
notice, which are summarized above, pursuant to sections 301(b),
301(c), and 307(a) of the Trade Act of 1974, as amended, and in
accordance with the advice of the interagency Section 301 Committee,
the Trade Representative has determined to grant the product exclusions
set out in the Annex to this notice. The Trade Representative's
determination also takes into account advice from advisory committees
and any public comments on the pertinent exclusion requests.
As set out in the Annex to this notice, the exclusions are
established in two different formats: (1) As an exclusion of an
existing 10-digit subheading from within an 8-digit subheading covered
by the $34 billion action, or (2) as an exclusion reflected in
specially prepared product descriptions. In particular, the exclusions
take the form of seven 10-digit HTSUS subheadings, and 24 specially
prepared product descriptions.
In accordance with the July 11 notice, the exclusions are available
for any product that meets the description in the Annex, regardless of
whether the importer filed an exclusion request. Further, the scope of
each exclusion is governed by the scope of the 10-digit headings and
product descriptions in the Annex to this notice, and not by the
product descriptions set out in any particular request for exclusion.
The exclusions in the Annex cover approximately 1,000 separate
exclusion requests: the excluded 10-digit subheadings cover 918
separate requests, and the 24 specially drafted product descriptions
cover approximately 66 separate requests.
As stated in July 11 Notice, the exclusions will apply as of the
July 6, 2018 effective date of the $34 billion action, and extend for
one year after the publication of this notice. U.S. Customs and Border
Protection will issue instructions on entry guidance and
implementation.
The Trade Representative will continue to issue determinations on
pending requests on a periodic basis.
Stephen Vaughn,
General Counsel, Office of the U.S. Trade Representative.
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[FR Doc. 2018-28277 Filed 12-27-18; 8:45 am]
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