Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 16310-16316 [2019-07758]

Download as PDF 16310 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices valid government-issued ID (i.e., U.S. government ID, U.S. military ID, passport, or driver’s license) and requests for reasonable accommodation by April 30. You can also visit the OBO website at http:// overseasbuildings.state.gov/ for additional information. Requests for reasonable accommodation made after that date will be considered, but may not be able to be fulfilled. The public may attend this meeting as seating capacity allows. Personal data is requested pursuant to Public Law 99–399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107–56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS–D) database. Please see the Security Records System of Records Notice (State–36) at http://www.state.gov/documents/ organization/242611.pdf for additional information. Please contact IAGR@state.gov with any questions. Addison D. Davis, IV, Director. [FR Doc. 2019–07757 Filed 4–17–19; 8:45 am] BILLING CODE 4710–51–P SURFACE TRANSPORTATION BOARD [Docket No. AB 463 (Sub-No. 2X)] jbell on DSK30RV082PROD with NOTICES Alabama Railroad Co.—Abandonment Exemption—in Escambia, Conecuh, and Monroe Counties, Alabama Alabama Railroad Co. (ALAB) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F– Exempt Abandonments to abandon approximately 47.5 miles of rail line, which extends from approximately milepost 607.73 at Flomaton, Ala., to approximately milepost 655.2 near Tunnel Springs, Ala., including all sidings and the MR Junction Spur between valuation stations 0+00 and 90+81 in Escambia, Conecuh, and Monroe, Counties, Ala. (the Line). The Line traverses U.S. Postal Service Zip Codes 36426, 36441, 36460, 36471, and 36475. ALAB has certified that: (1) No local or overhead traffic over the Line has moved for at least two years; (2) any overhead traffic on the Line could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or a state or local government entity acting on behalf of VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board or any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication), 49 CFR 1152.50(d)(1) (notice to governmental agencies), and 49 CFR 1105.7 and 1105.8 (environment and historic report), have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) 1 for continued rail service has been received, this exemption will be effective on May 18, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues must be filed by April 26, 2019.2 Formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2) 3 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by April 29, 2019. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by May 8, 2019, with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with Board should be sent to CSXT’s representatives, William A. Mullins and Crystal M. Zorbaugh, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037. 1 The Board modified its OFA procedures effective July 29, 2017. Among other things, the OFA process now requires potential offerors, in their formal expression of intent, to make a preliminary financial responsibility showing based on a calculation using information contained in the carrier’s filing and publicly available information. See Offers of Financial Assistance, EP 729 (STB served June 29, 2017); 82 FR 30,997 (July 5, 2017). 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,800. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 If the verified notice contains false or misleading information, the exemption is void ab initio. ALAB has filed a combined environmental and historic report that addresses the potential effects of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by April 23, 2019. The EA will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), ALAB shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by ALAB’s filing a notice of consummation by April 18, 2020, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: April 15, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–07774 Filed 4–17–19; 8:45 am] BILLING CODE 4915–01–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. SUMMARY: E:\FR\FM\18APN1.SGM 18APN1 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices jbell on DSK30RV082PROD with NOTICES 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 submitted requests for the exclusion of specific products. In December 2018 and March 2019, the Trade Representative granted two prior sets of exclusion requests. This notice announces the Trade Representative’s determination to grant additional 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 Philip Butler 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), 83 FR 65198 (December 19, 2018), 83 FR 67463 (December 28, 2018), 84 FR 7966 (March 5, 2019), and 84 FR 11152 (March 25, 2019). 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 VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 16311 Trade Representative issued a notice setting out the process for the product exclusions, and opened 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 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 were asked 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. In December 2018, the Trade Representative granted an initial set of exclusion requests. See 83 FR 67463. The Trade Representative granted a second set of exclusions in March 2019. See 84 FR 11152. The Office of the United States 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. 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 reflected in 21 specially prepared product descriptions, which cover 348 separate exclusion requests. 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 product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. Paragraph A, subparagraphs (3)–(5) are conforming amendments to the HTSUS reflecting the modification made by the Annex to this notice. In order to clarify the periodic revisions to the HTSUS, paragraphs B and C of the Annex modifies the text to U.S. notes 20(i)(6) and 20(i)(7) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States, as set out in the Annex of the notice published at 84 FR 11152 (March 25, 2019). Paragraph D of the Annex to this notice corrects a typographical error in U.S. note 20(i)(24) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States, as set out in the Annex of the notice published at 84 FR 11152 (March 25, 2019). As stated in the 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. B. Determination To Grant Certain Exclusions Based on the evaluation of the factors set out in the July 11 notice, which are Stephen Vaughn, General Counsel, Office of the U.S. Trade Representative. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 BILLING CODE 3290–F9–P E:\FR\FM\18APN1.SGM 18APN1 16312 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices ANNEX A 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 III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified: 1. by inserting the following new heading 9903.88.07 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 "9903.88.07 Article Description 2 1 General Articles the product of China, as provided for in U.S. note 20(j) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative ..................... Special The duty provided in the applicable subheading" 2. by inserting the following new U.S. note 20G) to subchapter III of chapter 99 in numerical sequence: (2) Roller machines designed for cutting, etching or embossing paper, foil or fabric, manually powered (described in statistical reporting number 8420.10.9080) (3) Water oxidizers and chlorinators (described in statistical reporting number 8421.21.0000) VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4725 E:\FR\FM\18APN1.SGM 18APN1 EN18AP19.000</GPH> jbell on DSK30RV082PROD with NOTICES "G) 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) to this subchapter 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: (1) Pumps designed for countertop appliances for serving beer, the foregoing that control the level of carbonation by means of sonic waves (described in statistical reporting number 8413.19.0000) VerDate Sep<11>2014 (4) Ratchet winches designed for use with textile fabric strapping (described in statistical reporting number 8425.39.0100) (5) Continuous action elevators and conveyors, designed to convey mineral materials (described in statistical reporting number 8428.33.0000) (6) Counterweight castings of iron or steel designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000) (7) Tines, carriages, and other goods handling apparatus and parts designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000) (8) Parts of drill sharpening machines (described in statistical reporting number 8466.93.9885) (9) Outer shells of hydraulic accumulators, of iron or non-alloy steel, cylindrical with hemispherical heads on each end (described in statistical reporting number 8479.90.9496) (10) Parts of mechanical awnings and shades (described in statistical reporting number 8479.90.9496) (11) Reject doors, pin protectors, liners, front walls, grates, hammers, rotor and end disc caps, and anvil and breaker bars, of iron or steel, the foregoing parts of metal shredders (described in statistical reporting number 8479.90.9496) (12) Steering wheels designed for watercraft, of stainless steel, having a wheel diameter exceeding 27 em but not exceeding 78 em (described in statistical reporting number 8479.90.9496) (13) Pressure regulators of brass or bronze, whether high or low inlet type, having a rated flow rate of 55,000 - 150,000 BTU/hr, maximum inlet pressure of 0.17 MPa to 1. 72 MPa, inlet connection with POL or thread type of fitting (described in statistical reporting number 8481.1 0.0090) (14) Pipe brackets of aluminum, each with 4 ports, the foregoing measuring 27.9 em x 20.3 em x 17.8 em and weighing 11.34 kg, designed for installation into air brake control valves (described in statistical reporting number 8481.90.9040) (15) Push pins and C-poles of steel, designed for use in variable force solenoid valves (described in statistical reporting number 8481.90.9040) (16) Ball bearings of a width not exceeding 30 mm (described in statistical reporting number 8482.10.5032) (17) Inductor baseplates of aluminum, each with a length measuring 149.20 mm or more but not over 275 mm, with a width measuring 119.40 mm or more but 17:37 Apr 17, 2019 Jkt 247001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4725 E:\FR\FM\18APN1.SGM 18APN1 16313 EN18AP19.001</GPH> jbell on DSK30RV082PROD with NOTICES Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices 16314 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices not over 232 mm and with a depth of 10.50 mm or more but not over 19 mm, with a weight of0.48 kg or more but not over 3.2 kg (described in statistical reporting number 8504.90.9690) (18) Parts of soldering irons and soldering machines (described in statistical reporting number 8515.90.4000) (19) Motor vehicle gear shift switch assemblies, comprised of a plunger, connector and gear shift lever (described in statistical reporting number 8536.50.9065) (20) Pressure switches designed for use in heat pumps and air-conditioning condensers having a rating of 1.90 megapascals or more but not over 4.55 megapascals (described in statistical reporting number 8536.50.9065) (21) Instruments for measuring or checking voltage or electrical connections; electrical circuit tracers (described in statistical reporting number 9030.33.3800) 3. by amending the last sentence of the first paragraph of U.S. note 20(a) to subchapter III to chapter 99 by: a. deleting "provided for in heading 9903.88.05 and U.S. note 20(h), or provided for in heading 9903.88.06 and U.S. note 20(i) to subchapter III of chapter 99."; and b. inserting in lieu thereof"provided for in: (1) heading 9903.88.05 and U.S. note 20(h) to subchapter III of chapter 99; (2) heading 9903.88.06 and U.S. note 20(i) to subchapter III of chapter 99; or (3) heading 9903.88.07 and U.S. note 20G) to subchapter III of chapter 99.". 4. by amending the first sentence of U.S. note 20(b) to subchapter III to chapter 99 by: b. inserting in lieu thereof"provided for in: (1) heading 9903.88.05 and U.S. note 20(h) to subchapter III of chapter 99; (2) heading 9903.88.06 and VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4725 E:\FR\FM\18APN1.SGM 18APN1 EN18AP19.002</GPH> jbell on DSK30RV082PROD with NOTICES a. deleting "provided for in heading 9903.88.05 and U.S. note 20(h), or provided for in heading 9903.88.06 and U.S. note 20(i) to subchapter III of chapter 99:"; and Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices 16315 U.S. note 20(i) to subchapter III of chapter 99; or (3) heading 9903.88.07 and U.S. note 20G) to subchapter III of chapter 99:". 5. by amending the Article Description ofheading 9903.88.01: a. by deleting" Except as provided in headings 9903.88.05 or 9903.88.06,"; and b. inserting in lieu thereof"Except as provided in headings 9903.88.05, 9903.88.06 or 9903.88.07,". B. 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, U.S. note 20(i)(6) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by deleting "described in statistical reporting number 8413.91.9095, effective January 1, 2019; described in statistical reporting number 8413.91.9080, effective prior to January 1, 2019" and inserting "whether described in statistical reporting number 8413.91.9080 (parts of pumps for liquids, other), prior to January 1, 2019 or described in statistical reporting number 8413.91.9095, post January 1, 2019" in lieu thereof 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 July 6, 2018, U.S. note 20(i)(7) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by deleting "described in statistical reporting number 8413.91.9095, effective January 1, 2019; described in statistical reporting number 8413.91.9080, effective prior to January 1, 2019" and inserting "whether described in statistical reporting number 8413.91.9080 (parts of pumps for liquids, other), prior to January 1, 2019 or described in statistical reporting number 8413.91.9095, post January 1, 2019" in lieu thereof VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 PO 00000 Frm 00077 Fmt 4703 Sfmt 9990 E:\FR\FM\18APN1.SGM 18APN1 EN18AP19.003</GPH> jbell on DSK30RV082PROD with NOTICES D. 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, U.S. note 20(i)(24) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by deleting "and weight of 257 g or less" and inserting "and weight of 2575 g or less" in lieu thereof 16316 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices [FR Doc. 2019–07758 Filed 4–17–19; 8:45 am] BILLING CODE 3290–F9–C DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2019–0287] Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Certificated Training Centers—Simulator Rule Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves Certificated Training Centers. Operators pay Certificated Training Centers to provide training to their employees, typically pilots, on different types of equipment if training is not done in house. The information to be collected is necessary because it allows aviation safety inspectors (operations) to review and to provide surveillance to training centers to ensure compliance with airman training, testing, and certification requirements specified in other parts of the regulations. If the information were not collected, inspectors would not be able to determine if airmen who are clients are being trained, checked or tested to meet the safety standards established in other parts of the regulations. To date, FAA inspectors have used the information collected to determine and assess regulatory compliance during routine program surveillance. DATES: Written comments should be submitted by June 17, 2019. ADDRESSES: Please send written comments: By Electronic Docket: www.regulations.gov (Enter docket number into search field). By mail: Sandra Ray, Federal Aviation Administration, Policy Integration Branch AFS–270, 1187 Thorn Run Road, Suite 200, Coraopolis, PA 15108. By fax: 412–239–3063. FOR FURTHER INFORMATION CONTACT: Sandra Ray at (412) 329–3088, or by email at: Sandra.ray@faa.gov. SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this jbell on DSK30RV082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. OMB Control Number: 2120–0570. Title: Certificated Training Centers— Simulator Rule. Form Numbers: There are no forms associated with this collection. Type of Review: Renewal of an Information Collection. Background: Part 142 Flight Schools are subject to several collection requirements. 14 CFR part 142 is one of several Federal Regulation parts that implement the Public Law. Section 142.11 provides that application for a training center certificate and training specifications shall be made in a form and manner prescribed by the Administrator, shall provide specific information about each management, instructor position, and evaluator position, and contain certain other administrative information. Section 142.37 provides that application for approval of training programs must be in a form and manner acceptable to the Administrator, and must provide specific information about curriculum and courses of the training program. Chapter 447, Section 44701 of Title 49, United States Code, provides, in pertinent part, that the Administrator may find, after investigation, that a person found to possess proper qualifications for a position as an airman may be issued such certificate. That certificate shall contain such terms, conditions, and limitations as to duration thereof, as well as periodic or special examinations, and other matters as the Administrator may determine to be necessary to assure safety in air commerce. Section 142.73 requires that training centers maintain records for a period of one year to show trainee qualifications for training, testing, or checking, training attempts, training checking, and testing results, and for one year following termination of employment the qualification of instructors and evaluators providing those services. The respondents may be the Part 142 schools, Part 121 or 135 air carriers who utilize these schools or new applicants seeking Part 142 certification. The information may be collected in PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 electronic forms. No specific forms are required. Information reporting may be done in accordance with the individual FAA office. Respondents: 82,239 (Includes Part 142 schools, Part 121 and 135 carriers and new certifications). Frequency: On occasion. Estimated Average Burden per Response: 96 Hours. Estimated Total Annual Burden: 83,767 Hours. Issued in Washington, DC, on April 12, 2019. Sandra L. Ray, Aviation Safety Inspector, FAA, Policy Integration Branch, AFS–270. [FR Doc. 2019–07771 Filed 4–17–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas Texas Department of Transportation (TxDOT), Federal Highway Administration (FHWA), U.S. Department of Transportation. ACTION: Notice of limitation on claims for judicial review of actions by TxDOT and Federal agencies. AGENCY: This notice announces actions taken by TxDOT and Federal agencies that are final. The environmental review, consultation, and other actions required by applicable Federal environmental laws for these projects are being, or have been, carried-out by TxDOT pursuant to an assignment agreement executed by FHWA and TxDOT. The actions relate to various proposed highway projects in the State of Texas. These actions grant licenses, permits, and approvals for the projects. DATES: By this notice, TxDOT is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of TxDOT and Federal agency actions on the highway projects will be barred unless the claim is filed on or before the deadline. For the projects listed below, the deadline is September 15, 2019. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Carlos Swonke, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701; telephone: (512) SUMMARY: E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16310-16316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07758]


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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.

[[Page 16311]]

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 
submitted requests for the exclusion of specific products. In December 
2018 and March 2019, the Trade Representative granted two prior sets of 
exclusion requests. This notice announces the Trade Representative's 
determination to grant additional 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 Philip Butler 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 [email protected].

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), 83 FR 
65198 (December 19, 2018), 83 FR 67463 (December 28, 2018), 84 FR 7966 
(March 5, 2019), and 84 FR 11152 (March 25, 2019).
    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 opened 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 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 were asked 
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. In 
December 2018, the Trade Representative granted an initial set of 
exclusion requests. See 83 FR 67463. The Trade Representative granted a 
second set of exclusions in March 2019. See 84 FR 11152. The Office of 
the United States 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 
reflected in 21 specially prepared product descriptions, which cover 
348 separate exclusion requests.
    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 product descriptions in 
the Annex to this notice, and not by the product descriptions set out 
in any particular request for exclusion.
    Paragraph A, subparagraphs (3)-(5) are conforming amendments to the 
HTSUS reflecting the modification made by the Annex to this notice.
    In order to clarify the periodic revisions to the HTSUS, paragraphs 
B and C of the Annex modifies the text to U.S. notes 20(i)(6) and 
20(i)(7) to subchapter III of chapter 99 of the Harmonized Tariff 
Schedule of the United States, as set out in the Annex of the notice 
published at 84 FR 11152 (March 25, 2019).
    Paragraph D of the Annex to this notice corrects a typographical 
error in U.S. note 20(i)(24) to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States, as set out in the 
Annex of the notice published at 84 FR 11152 (March 25, 2019).
    As stated in the 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. 2019-07758 Filed 4-17-19; 8:45 am]
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