Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 7966-7967 [2019-03935]

Download as PDF 7966 Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices 2017), 83 FR 14906 (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 [Disaster Declaration #15882 and #15883; Non-Profit Organizations with(July 17, 2018), 83 FR 38760 (August 7, TEXAS Disaster Number TX–00513] out Credit Available Else2018), and 83 FR 40823 (August 16, where ..................................... 2.500 2018). Presidential Declaration of a Major In a notice published on September The number assigned to this disaster Disaster for Public Assistance Only for 21, 2018 (83 FR 47974), the Trade for physical damage is 158826 and for the State of Texas Representative, at the direction of the economic injury is 158830. President, announced a determination AGENCY: U.S. Small Business to modify the action being taken in the (Catalog of Federal Domestic Assistance Administration. Number 59008) investigation by imposing additional ACTION: Notice. duties on products of China with an James Rivera, annual trade value of approximately SUMMARY: This is a Notice of the Associate Administrator for Disaster $200 billion. The rate of additional Presidential declaration of a major Assistance. duties initially was 10 percent. Those disaster for Public Assistance Only for [FR Doc. 2019–03915 Filed 3–4–19; 8:45 am] additional duties were effective starting the State of Texas (FEMA—4416—DR), BILLING CODE 8025–01–P on September 24, 2018, and currently dated 02/25/2019. are in effect. Under Annex B of the Incident: Severe Storms and Floods. September 21 notice, the rate of Incident Period: 09/10/2018 through OFFICE OF THE UNITED STATES additional duty was set to increase to 25 11/02/2018. TRADE REPRESENTATIVE percent on January 1, 2019. In the DATES: Issued on 02/25/2019. September 21 notice, the Trade Notice of Modification of Section 301 Physical Loan Application Deadline Representative stated that he would Action: China’s Acts, Policies, and Date: 04/26/2019. continue to consider the actions taken Practices Related to Technology Economic Injury (EIDL) Loan in this investigation, and if further Application Deadline Date: 11/25/2019. Transfer, Intellectual Property, and modifications were appropriate, he Innovation ADDRESSES: Submit completed loan would take into account the extensive applications to: U.S. Small Business public comments and testimony AGENCY: Office of the United States Administration, Processing and previously provided in response to the Trade Representative. Disbursement Center, 14925 Kingsport ACTION: Notice of modification of action. notices published on July 17, 2018 (83 Road, Fort Worth, TX 76155. FR 33608) and August 7, 2018 (83 FR SUMMARY: In accordance with the 38760). FOR FURTHER INFORMATION CONTACT: A. On September 28, 2018 (83 FR 49153), direction of the President, the U.S. Escobar, Office of Disaster Assistance, the Trade Representative issued a Trade Representative (Trade U.S. Small Business Administration, conforming amendment and Representative) has determined to 409 3rd Street SW, Suite 6050, modification of the September 21 Washington, DC 20416, (202) 205–6734. modify the action being taken in this Section 301 investigation by postponing action. The current notice refers to the SUPPLEMENTARY INFORMATION: Notice is September 21 action, as modified by the the date on which the rate of the hereby given that as a result of the September 28 notice, as the ‘‘September additional duties will increase to 25 President’s major disaster declaration on 2018 action.’’ percent for the products of China 02/25/2019, Private Non-Profit On December 19, 2018 (83 FR 65198), covered by the September 2018 Action organizations that provide essential in accordance with the direction of the in this investigation. The rate of services of a governmental nature may additional duty for the products covered President, the Trade Representative file disaster loan applications at the determined to modify the September by the September 2018 action will address listed above or other locally 2018 action by postponing until March remain at 10 percent until further announced locations. 2, 2019, the increase in the rate of the notice. The following areas have been additional duty to 25 percent. The DATES: The rate of additional duty will determined to be adversely affected by Annex to the December 19 notice, remain at 10 percent with respect to the disaster: which superseded Annex B to the products covered by the September Primary Counties: Archer, Baylor, September 21 notice, amended the 2018 action until further notice. Brown, Burnet, Callahan, HTSUS to reflect this postponement of FOR FURTHER INFORMATION CONTACT: For Comanche, Coryell, Dimmit, the increase in the rate of duty Edwards, Fannin, Franklin, Grimes, questions about this notice, contact applicable to the September 2018 Associate General Counsel Arthur Tsao, action. Haskell, Hill, Hopkins, Houston, Jones, Kimble, Kinney, Knox, Llano, Assistant General Counsel Megan Grimball, or Director of Industrial Goods B. Determination To Further Modify Madison, Mason, McCulloch, September 2018 Action Justin Hoffmann at (202) 395–5725. For Menard, Nolan, Real, San Saba, questions on customs classification or Sutton, Throckmorton, Travis, The United States is engaging with implementation of additional duties on Uvalde, Val Verde. China with the goal of obtaining the products covered by the September The Interest Rates are: elimination of the acts, policies, and 2018 action, contact traderemedy@ practices covered in the investigation. Percent cbp.dhs.gov. The leaders of the United States and China met on December 1, 2018, and SUPPLEMENTARY INFORMATION: For Physical Damage: agreed to hold negotiations on a range Non-Profit Organizations with A. September 2018 Action of issues, including those covered in Credit Available Elsewhere ... 2.500 For background on the proceedings in this Section 301 investigation. See Non-Profit Organizations withthis investigation, please see the prior https://www.whitehouse.gov/briefingsout Credit Available Elsestatements/statement-press-secretarywhere ..................................... 2.500 notices issued in the investigation, For Economic Injury: including 82 FR 40213 (August 23, regarding-presidents-working-dinner- amozie on DSK9F9SC42PROD with NOTICES SMALL BUSINESS ADMINISTRATION VerDate Sep<11>2014 17:54 Mar 04, 2019 Jkt 247001 PO 00000 Percent Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 amozie on DSK9F9SC42PROD with NOTICES Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices china/. Since the meeting on December 1, the United States and China have engaged in additional rounds of negotiation on these issues. In light of progress in discussions with China, on February 24, 2019, the President directed the Trade Representative to postpone the increase in tariffs scheduled for March 2, 2019. Section 301(b) of the Trade Act of 1974, as amended (Trade Act), provides that the Trade Representative ‘‘shall take all appropriate and feasible action authorized under [Section 301(c)] to obtain the elimination of [the] act, policy, or practice [under investigation].’’ Section 307(a)(1) of the Trade Act authorizes the Trade Representative to modify or terminate any action being taken under Section 301, subject to the specific direction, if any, of the President if ‘‘the burden or restriction on United States commerce . . . of the acts, policies, and practices, that are the subject of such action has increased or decreased, or such action is being taken under Section [301(b)] of this title and is no longer appropriate.’’ In light of progress of the additional rounds of negotiations since December 2018, and at the direction of the President, the Trade Representative has determined that it no longer is appropriate for the rate of duty under the September 2018 action to increase to 25 percent on March 2, 2019, and that the rate of duty under the September 2018 action will remain at 10 percent until further notice. The Trade Representative’s decision to modify the September 2018 action takes into account the extensive public comments and testimony, as well as advice from advisory committees, concerning the actions proposed in the notices issued in advance of the September 2018 action (83 FR 33608 and 83 FR 38760). Those notices, among other things, requested comments on whether the rate of additional duties should be 10 percent or 25 percent. The Trade Representative’s decision also reflects the advice of the interagency Section 301 Committee. To effectuate the Trade Representative’s decision, Annex B of the September 21 notice (83 FR 47974) and the Annex to the December 19 notice (83 FR 65198), hereby are rescinded. In accordance with Annex A of the September 21 notice, the rate of duty under the September 2018 action VerDate Sep<11>2014 17:54 Mar 04, 2019 Jkt 247001 will remain at 10 percent until further notice. Stephen P. Vaughn, General Counsel, Office of the United States Trade Representative. [FR Doc. 2019–03935 Filed 3–4–19; 8:45 am] BILLING CODE 3290–F9–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Little Cottonwood Canyon, Salt Lake County, Utah Federal Highway Administration (FHWA), DOT. ACTION: Revised Notice of Intent to Prepare an Environmental Impact Statement. AGENCY: FHWA on behalf of the Utah Department of Transportation (UDOT) published a Notice of Intent (NOI) in the Federal Register on March 9, 2018. FHWA on behalf of UDOT is issuing this notice to advise the public that UDOT intends to revise the scope of the analysis of the Little Cottonwood Canyon project based on new information collected from the public and agencies during the scoping process and development of the project need. FOR FURTHER INFORMATION CONTACT: Brandon Weston, Environmental Services Director, UDOT— Environmental Services Division, 4501 South 2700 West, P.O. Box 141265, Salt Lake City, Utah 84114–1265; Telephone: (801) 965–4603; Email: brandonweston@ utah.gov. John Thomas, PE, Little Cottonwood Canyon Project Manager, UDOT Region 2, 2010 South 2760 West, Salt Lake City, Utah 84104–4592; Telephone: (801) 550–2248; Email: johnthomas@utah.gov. SUPPLEMENTARY INFORMATION: The environmental review, consultation, and other actions required by applicable federal environmental laws for this project are being or have been carried out by UDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated January 17, 2017, and executed by FHWA and UDOT. On March 9, 2018, at FR Vol. 83, No. 47, page 10545, FHWA on behalf of UDOT issued a NOI for UDOT, as the lead agency under the National Environmental Policy Act (NEPA), to prepare an Environmental Impact Statement (EIS) for proposed improvements to SR–210, a two-lane roadway, in Little Cottonwood Canyon in Salt Lake County, Utah. The proposed project study area in the NOI SUMMARY: PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 7967 extended from the intersection of SR– 210 and SR–190/Fort Union Boulevard in Cottonwood Heights, Utah to the terminus of SR–210 in the town of Alta, Utah. The extent of the project study area has not changed with this revised NOI. As part of the release of the NOI and the EIS process, UDOT invited public and agency comments during a scoping period from March 9 to May 4, 2018, which included a public scoping meeting on April 10, 2018. During the scoping period UDOT gathered information about the public and agency concerns and began development of the EIS by defining the purpose of and need for improvements to SR–210. After reviewing scoping comments and the need for the project, UDOT has revised the scope of the EIS to focus on the following: (1) Taking no action; (2) one or more alternatives involving multiple, combined actions, including: • Transportation System Management (TSM); • Enhancing safety and improving winter time mobility through avalanche mitigation; • Enhancing safety, access, and mobility in the area through improved designated parking areas at existing U.S. Department of Agriculture (USDA) Forest Service trailheads; and • Roadway improvements to SR–210 on Wasatch Boulevard from SR–190/ Fort Union Boulevard to North Little Cottonwood Canyon Road; and (3) other alternatives if identified during the EIS process. Alternatives that do not meet the project purpose and need or that are otherwise not reasonable will not be carried forward for detailed consideration. The project may require FHWA to appropriate National Forest System lands and transfer such lands to UDOT for highway use, pursuant to authority under 23 U.S.C. 317. The project may also require approvals by the USDA Forest Service, the U.S. Army Corps of Engineers, and/or other agencies. The USDA Forest Service, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, Utah Transit Authority, and Salt Lake City Department of Public Utilities have accepted UDOT’s invitation to be cooperating agencies under the March 9, 2018 NOI and are expected to continue in this role with the revised scope. Letters describing the revised scope and soliciting comments will be sent to appropriate Federal, state, and local agencies as well as to Native American tribes and to private organizations and citizens who have previously expressed, or who are known to have, an interest in this proposal. UDOT will hold a E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Pages 7966-7967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03935]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Modification of Section 301 Action: 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 modification of action.

-----------------------------------------------------------------------

SUMMARY: In accordance with the direction of the President, the U.S. 
Trade Representative (Trade Representative) has determined to modify 
the action being taken in this Section 301 investigation by postponing 
the date on which the rate of the additional duties will increase to 25 
percent for the products of China covered by the September 2018 Action 
in this investigation. The rate of additional duty for the products 
covered by the September 2018 action will remain at 10 percent until 
further notice.

DATES: The rate of additional duty will remain at 10 percent with 
respect to products covered by the September 2018 action until further 
notice.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
contact Associate General Counsel Arthur Tsao, Assistant General 
Counsel Megan Grimball, or Director of Industrial Goods Justin Hoffmann 
at (202) 395-5725. For questions on customs classification or 
implementation of additional duties on products covered by the 
September 2018 action, contact traderemedy@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION:

A. September 2018 Action

    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).
    In a notice published on September 21, 2018 (83 FR 47974), the 
Trade Representative, at the direction of the President, announced a 
determination to modify the action being taken in the investigation by 
imposing additional duties on products of China with an annual trade 
value of approximately $200 billion. The rate of additional duties 
initially was 10 percent. Those additional duties were effective 
starting on September 24, 2018, and currently are in effect. Under 
Annex B of the September 21 notice, the rate of additional duty was set 
to increase to 25 percent on January 1, 2019. In the September 21 
notice, the Trade Representative stated that he would continue to 
consider the actions taken in this investigation, and if further 
modifications were appropriate, he would take into account the 
extensive public comments and testimony previously provided in response 
to the notices published on July 17, 2018 (83 FR 33608) and August 7, 
2018 (83 FR 38760).
    On September 28, 2018 (83 FR 49153), the Trade Representative 
issued a conforming amendment and modification of the September 21 
action. The current notice refers to the September 21 action, as 
modified by the September 28 notice, as the ``September 2018 action.''
    On December 19, 2018 (83 FR 65198), in accordance with the 
direction of the President, the Trade Representative determined to 
modify the September 2018 action by postponing until March 2, 2019, the 
increase in the rate of the additional duty to 25 percent. The Annex to 
the December 19 notice, which superseded Annex B to the September 21 
notice, amended the HTSUS to reflect this postponement of the increase 
in the rate of duty applicable to the September 2018 action.

B. Determination To Further Modify September 2018 Action

    The United States is engaging with China with the goal of obtaining 
the elimination of the acts, policies, and practices covered in the 
investigation. The leaders of the United States and China met on 
December 1, 2018, and agreed to hold negotiations on a range of issues, 
including those covered in this Section 301 investigation. See https://
www.whitehouse.gov/briefings-statements/statement-press-secretary-
regarding-presidents-working-dinner-

[[Page 7967]]

china/. Since the meeting on December 1, the United States and China 
have engaged in additional rounds of negotiation on these issues. In 
light of progress in discussions with China, on February 24, 2019, the 
President directed the Trade Representative to postpone the increase in 
tariffs scheduled for March 2, 2019.
    Section 301(b) of the Trade Act of 1974, as amended (Trade Act), 
provides that the Trade Representative ``shall take all appropriate and 
feasible action authorized under [Section 301(c)] to obtain the 
elimination of [the] act, policy, or practice [under investigation].'' 
Section 307(a)(1) of the Trade Act authorizes the Trade Representative 
to modify or terminate any action being taken under Section 301, 
subject to the specific direction, if any, of the President if ``the 
burden or restriction on United States commerce . . . of the acts, 
policies, and practices, that are the subject of such action has 
increased or decreased, or such action is being taken under Section 
[301(b)] of this title and is no longer appropriate.'' In light of 
progress of the additional rounds of negotiations since December 2018, 
and at the direction of the President, the Trade Representative has 
determined that it no longer is appropriate for the rate of duty under 
the September 2018 action to increase to 25 percent on March 2, 2019, 
and that the rate of duty under the September 2018 action will remain 
at 10 percent until further notice.
    The Trade Representative's decision to modify the September 2018 
action takes into account the extensive public comments and testimony, 
as well as advice from advisory committees, concerning the actions 
proposed in the notices issued in advance of the September 2018 action 
(83 FR 33608 and 83 FR 38760). Those notices, among other things, 
requested comments on whether the rate of additional duties should be 
10 percent or 25 percent. The Trade Representative's decision also 
reflects the advice of the interagency Section 301 Committee.
    To effectuate the Trade Representative's decision, Annex B of the 
September 21 notice (83 FR 47974) and the Annex to the December 19 
notice (83 FR 65198), hereby are rescinded. In accordance with Annex A 
of the September 21 notice, the rate of duty under the September 2018 
action will remain at 10 percent until further notice.

Stephen P. Vaughn,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2019-03935 Filed 3-4-19; 8:45 am]
BILLING CODE 3290-F9-P