Procedures for Requests To Exclude Particular Products From the September 2018 Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 29576-29583 [2019-13376]
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business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
All submissions should refer to File
Number SR–Phlx–2019–24 and should
be submitted on or before July 15, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019–13304 Filed 6–21–19; 8:45 am]
BILLING CODE 8011–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2019–0005]
Procedures for Requests To Exclude
Particular Products From the
September 2018 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 and request for
comments.
AGENCY:
In a notice published on May
9, 2019, the United States Trade
Representative (Trade Representative)
announced that the Office of the U.S.
Trade Representative (USTR) would
establish a process by which U.S.
stakeholders may request exclusion of
particular products classified within a
tariff subheading covered by the
September 2018 action in this
investigation from the additional duties.
This notice announces that USTR will
open an electronic portal for submission
of exclusion requests on June 30, 2019,
and sets out the specific procedures for
submitting requests.
DATES:
June 30, 2019 at noon EDT: The web
portal for submitting exclusion
requests—https://exclusions.USTR.gov—
will open.
September 30, 2019: Deadline for
submitting exclusion requests.
Responses to individual exclusion
requests are due 14 days after the
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SUMMARY:
16 17
CFR 200.30–3(a)(12).
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request is posted on USTR’s online
portal. Any replies to responses to an
exclusion request are due the later of 7
days after the close of the 14-day
response period, or 7 days after the
posting of a response.
ADDRESSES: You must submit all
requests, responses to requests, and
replies to responses through the online
portal: https://exclusions.USTR.gov.
FOR FURTHER INFORMATION CONTACT: For
questions about the product exclusion
process, contact USTR Assistant General
Counsels Philip Butler or Megan
Grimball at (202) 395–5725. For
questions on customs classification or
implementation of additional duties,
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 24,
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), 83 FR 40823 (August 16, 2018),
83 FR 47974 (September 21, 2018), as
modified by 83 FR 49153 (September
28, 2018), and 84 FR 20549 (May 9,
2019), as modified by 84 FR 21892 (May
15, 2019) and 84 FR 26930 (June 10,
2019).
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
Section 301 investigation by imposing
10 percent additional duties on
products of China with an annual trade
value of approximately $200 billion. On
September 28, 2018 (83 FR 65198), 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
September 28 notice, as the ‘‘September
2018 action.’’ In a notice published on
May 9, 2019 (84 FR 20459), the Trade
Representative, at the direction of the
President, increased the rate of
additional duty for the September 2018
action to 25 percent.
B. Procedures To Request the Exclusion
of Particular Products
USTR invites interested persons,
including trade associations, to submit
requests for exclusion from the
additional duties under the September
2018 action. The September 2018 action
covers the products classified within the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings set
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out in Annex A of the notice published
at 83 FR 47974 (September 21, 2018) as
amended and modified by 83 FR 49153
(September 28, 2018). As explained in
more detail below, each request must
specifically identify a particular
product, and provide supporting data
and the rationale for the requested
exclusion. USTR will evaluate each
request on a case-by-case basis, taking
into account the asserted rationale for
the exclusion, whether the exclusion
would undermine the objective of the
Section 301 investigation, and whether
the request defines the product with
sufficient precision. Any exclusion will
be effective starting from the September
24, 2018 effective date of the September
2018 action, and extending for one year
after the publication of the exclusion
determination in the Federal Register.
USTR will periodically announce
decisions on pending requests.
To submit an exclusion request,
requesters must first register on the
portal at https://exclusions.USTR.gov. As
noted above, the portal will open at
noon EDT on June 30, 2019. After
registration, the requester can fill out
and submit one or more exclusion
request forms.
Fields on the exclusion request form
marked with an asterisk (*) are required
fields. Fields with a gray (BCI) notation
are for Business Confidential
Information and the information entered
will not be publicly available. Fields
with a green (Public) notation will be
publicly available. Additionally, parties
will be able to upload documents and
indicate whether the documents are BCI
or public. Requesters will be able to
review the public version of their
submission before the submission is
posted.
In order to facilitate preparation of
requests prior to the June 30 opening of
the web portal, a facsimile of the
exclusion request form to be used on the
portal is attached as an annex to this
notice. Please note that the color-coding
of public fields and BCI fields is not
visible on the attached facsimile, but
will be apparent on the actual form used
on the portal.
Set out below is a summary of the
information to be entered on the
exclusion request form.
Each requester has to provide contact
information, including the full legal
name of the organization making the
request, whether the requester is a third
party (law firm, trade association, or
customs broker) submitting on behalf of
an organization or industry, and the
primary point of contact (requester and/
or third party submitter). The requester
may report whether the requester’s
business satisfies the Small Business
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Administration’s size standard for a
small business, which are identified by
North American Industry Classification
Systems Codes and are found in 13 CFR
121.201.
With regard to product identification,
any request for exclusion must include
the following information:
• The 10-digit subheading of the
HTSUS applicable to the particular
product requested for exclusion. If no
10-digit subheading is available (i.e., the
8-digit subheading does not contain
breakouts at the 10-digit level),
requesters should use the 8-digit
subheading and add ‘‘00’’. Different
models classified under different 8-digit
or 10-digit subheadings are considered
different products and require separate
exclusion requests.
• Product name and a detailed
description of the product. A detailed
description of the product includes, but
is not limited to, its physical
characteristics (e.g., dimensions, weight,
material composition, etc.). Requesters
may submit a range of comparable goods
within the product definition set out in
an exclusion request. Thus, a product
request may include two or more goods
with similar product characteristics or
attributes. Goods with different SKUs,
model numbers, or sizes are not
necessarily different products.
• The products function, application
(whether the product is designed to
function in or with a particular machine
or other device), principal use, and any
unique physical features that
distinguish it from other products
within the covered 8-digit HTSUS
subheading. Requesters may submit
attachments that help distinguish the
product (e.g., CBP rulings, photos and
specification sheets, and previous
import documentation). Documents
submitted to support a requester’s
product description must be made
available for public inspection and
contain no BCI. USTR will not consider
requests that identify the product using
criteria that cannot be made available
for public inspection.
Requesters must provide their
relationship to the product (Importer,
U.S. Producer, Purchaser, Industry
Association, Other) and provide specific
data on the annual quantity and value
of the Chinese-origin product, domestic
product, and third-country product the
requester purchased, in 2017, 2018, and
the first quarter of 2019.
Requesters must provide information
regarding their company’s gross
revenues for 2018, the first quarter of
2018, and the first quarter of 2019.
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For imports sold as final products,
requesters must provide the percentage
of their total gross sales in 2018 that
sales of the Chinese-origin product
accounted for.
For imports used in the production of
final products, requesters must provide
the percentage of the total cost of
producing the final product(s) the
Chinese-origin input accounts for and
the percentage of their total gross sales
in 2018 that sales of the final product(s)
accounted for.
As noted in the attached facsimile,
required information regarding the
requester’s purchases and gross sales
and revenue is BCI and the information
entered will not be publicly available.
With regard to the rationale for the
requested exclusion, each requester will
be asked to address the following:
• Whether the particular product is
available only from China and whether
the particular product and/or a
comparable product is available from
sources in the United States and/or in
third countries. The requester must
provide an explanation if the product is
not available outside of China or the
requester is not sure of the product
availability.
• Whether the requester has
attempted to source the product from
the United States or third countries.
• Whether the imposition of
additional duties (since September
2018) on the particular product has or
will cause severe economic harm to the
requester or other U.S. interests.
• Whether the particular product is
strategically important or related to
‘‘Made in China 2025’’ or other Chinese
industrial programs.
In addressing each factor, the
requester should provide support for
their assertions. To provide information
about the possible cumulative effects of
the Section 301 tariff actions, requesters
also may submit information about any
exclusion requests submitted by the
requester under the initial $34 billion
tariff action (Docket ID: USTR–2018–
0025) or the additional $16 billion tariff
action (Docket ID: USTR–2018–0032)
and the value of the requester’s imports
applicable to the previous tariff actions.
Requesters also may provide any other
information or data that they consider
relevant to an evaluation of the request.
C. Responses to Requests for Exclusions
After a request for exclusion of a
particular product is posted on USTR’s
online portal, interested persons will
have 14 days to respond to the request,
indicating support or opposition and
providing reasons for their view. A
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response to a product exclusion request
must be submitted using USTR’s online
portal at https://exclusions.USTR.gov. To
file a response, an interested party does
not have to register. Responses will be
publicly available.
D. Replies to Responses to Requests for
Exclusions
After a response is posted on USTR’s
online portal, the requester will have
the opportunity to reply to the response
using the same portal. Any reply must
be submitted within the later of 7 days
after the close of the 14 day response
period, or 7 days after the posting of a
response. A reply to a response must be
submitted using USTR’s online portal at
https://exclusions.USTR.gov. Replies to
responses will be publicly available.
E. Submission Instructions
As noted above, interested persons
must submit requests for exclusions in
the period between the opening of the
portal on June 30, 2019, and the
September 30, 2019 submission
deadline. Any responses to those
requests must be submitted within 14
days after the requests are posted. Any
reply to a response must be submitted
within the later of 7 days after the close
of the 14 day response period, or 7 days
after the posting of a response.
Interested persons seeking to exclude
two or more products must submit a
separate request for each product, i.e.,
one product per request. As noted
above, a single product may include two
or more goods with similar product
characteristics or attributes.
By submitting an exclusion request, a
response, or a reply, the submitter
certifies that the information provided is
complete and correct to the best of his
or her knowledge.
F. Paperwork Reduction Act
In accordance with the requirements
of the Paperwork Reduction Act of 1995
(PRA) and its implementing regulations,
USTR submitted a request to the Office
of Management and Budget (OMB) for
emergency review and clearance of this
information collection request (ICR)
titled 301 Exclusion Requests. OMB
assigned control number 0350–0015,
which is due to expire on December 31,
2019. USTR intends to submit the
information collection to OMB for
review and approval of a three-year
extension of the control number.
Joseph Barloon,
General Counsel, Office of the U.S. Trade
Representative.
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Exclusion Request Form
1.
Submitter Information
Full Organization Legal Name
Requestor First Name
Requestor Last Name
Requestor Mailing Address
Street Address Line 1
Street Address Line 2
City
State
Zip Code
Country
Requestor E-mail Address
Requestor Phone Number
Does your business meet the size standards for a small business as established by the
Small Business Administration?
YES/NO
Are you a third party, such as a law firm, trade association, or customs broker,
submitting on behalf of an organization or industry?
YES/NO
*Note: If you are submitting on behalf of an organization/industry, the information below
is required.
Third Party Firm/Association Name
Third Party First Name
Third Party Last Name
Third Party Mailing Address
Street Address Line 1
Street Address Line 2
City
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State
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29579
Zip Code
Country
Third Party E-mail Address
Third Party Phone Number
Who is your importer of record?
Who will be the primary point of contact? (Select One)
o
o
o
2.
Requestor
Third Party Submitter
Requestor and Third Party Submitter
Please provide the 10-digit HTSUS item number* for the product you wish to
address in this product exclusion request. A 10-digit HTSUS number is required.
*Use numerical characters only with no special characters (Example: 1023456789). For
help with finding the HTSUS item number associated with your product, see
3.
Please provide a complete and detailed description of the particular product of
concern.* (A detailed description of the product includes, but is not limited to, its
physical characteristics (e.g., dimensions, weight, material composition, etc.), whether
product is designed to function in or with a particular machine (application), and any
unique physical features that distinguish it from other products within the covered 8-digit
HTSUS subheading. If needed, please attach images and specification sheets, CBP
rulings, court decisions, and previous import documentation below.) Please also describe
the product's principal use.
*USTR will not consider requests that identify the product using criteria that cannot be
made available to the public. USTR will not consider requests in which more than one
unique product is identified.
Product Name
Product Description (e.g. dimensions, weight, material composition, etc.)
Please upload any relevant attachments that will help identify and distinguish your
product (e.g. CBP rulings, photos and specification sheets, and previous import
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Product Function, Application, and Principal Use
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documentation)
4.
Requestor's relationship to the product (select all that apply)
Importer
0
U.S. Producer
0
Purchaser
0
Industry Association
0
Other
Is this product, or a comparable product, available from sources in the United
States? (If you indicate "NO" or "NOT SURE," in the box below, you must explain
why the product is unavailable or why you are unsure of the product's availability.)
0
5.
o
o
o
YES
NO
NOTSURE
Please explain why the product is unavailable or why you are unsure of the
product's availability.
6.
Is this product, or a comparable product, available from sources in third countries?
(If you indicate "NO" or "NOT SURE," in the box below, you must explain why the
product is unavailable or why you are unsure of the product's availability.)
YES
NO
o NOTSURE
Please explain why the product is unavailable or why you are unsure of the
product's availability.
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7.
Please discuss any attempts to source this product from United States or third
countries.
8.
Please provide the value in USD and quantity (with units) ofthe Chinese-origin
product of concern that you purchased in 2017, 2018, and the first quarter of 2019.
Limit this figure to the products purchased by your firm (or by members of your
trade association). Please provide estimates if precise figures are unavailable.
2017 Value:
2017 Quantity:
2018 Value:
2018 Quantity:
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2019 Ql Value:
29581
2019 Ql Quantity:
Are the provided figures estimates?:
YES/NO
Are any of these purchases from a related company?
YES/NO
Please list the name and relationship of the related company.
9.
Please provide the value in USD and quantity (with units) of the product of concern
that you purchased from any third-country source in 2017, 2018, and the first
quarter of 2019. Limit this figure to the products purchased by your firm (or by
members of your trade association). Please provide estimates if precise figures are
unavailable.
2017 Value:
2017 Quantity:
2018 Value:
2018 Quantity:
2019 Ql Value:
2019 Ql Quantity:
Are the provided figures estimates?:
10.
YES/NO
Please provide the value in USD and quantity (with units) of the product of concern
that you purchased from domestic sources in 2017, 2018, and the first quarter of
2019. Limit this figure to the products purchased by your firm (or by members of
your trade association). Please provide estimates if precise figures are unavailable.
2017 Value:
2017 Quantity:
2018 Value:
2018 Quantity:
2019 Ql Value:
2019 Ql Quantity:
Are the provided figures estimates?:
11.
YES/NO
Please provide information regarding your company's gross revenue in USD for
2018, the first quarter of 2018, and the first quarter of 2019.
Fiscal Year 2018:
First Quarter 2018:
First Quarter 2019:
12.
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YES/NO
Is the Chinese-origin product of concern sold as a final product or as an input used
in the production of a final product or products?
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Are the provided figures estimates?:
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a) For imports sold as final products, please provide: (BCI)
%of your company's total, U.S. gross sales in 2018 that the Chinese-origin
product accounted for.
b) For imports of inputs used in the production of final products, please provide:
(BCI)
%of the total cost of producing the final product(s) the Chinese-origin input
accounts for.
%of your company' s total, U.S. gross sales in 2018 that sales ofthe final
product(s) incorporating the input accounts for.
13.
Please comment on whether the imposition of additional duties (since September
2018) on the product you are seeking to exclude has resulted in severe economic
harm to your company or other U.S. interests. * (BCI)
14.
Please provide any additional information in support of your request, taking
account of the instructions provided in Section [B] of the Federal Register notice.
(Submitter Determ ines BCI or Public)
15.
Did you submit exclusion requests for the Section 301 $34 billion (Docket ID: USTR2018-0025) and/or the $16 billion (Docket ID: USTR-2018-0032) tariff actions? *
(Public) YES/NO
Please enter the total value of your company's imports applicable to the tariff action
for which you submitted one or more exclusion request: (BCI)
Initial $34 Billion Tariff Action:
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16.
Please comment on whether the particular product of concern is strategically
important or related to "Made in China 2025" or other Chinese industrial
programs. You must explain in the box below why you believe the product of
concern is or is not strategically important or related to "Made in China 2025" or
other Chinese industrial programs. * (Public)
17.
Include any additional attachments that should be considered along with this
exclusion request (e.g., customs rulings, court decisions, previous import
documentation, etc.). Please do not include attachments that contain your written
argument. (Submitter Determines BCl or Pu blic)
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Additional $16 Billion Tariff Action:
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[FR Doc. 2019–13376 Filed 6–21–19; 8:45 am]
BILLING CODE 3290–F9–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. 2019–27]
Petition for Exemption; Summary of
Petition Received; Bell Helicopter
Textron, Inc.
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of Federal
Aviation Regulations. The purpose of
this notice is to improve the public’s
awareness of, and participation in, the
FAA’s exemption process. Neither
publication of this notice nor the
inclusion or omission of information in
the summary is intended to affect the
legal status of the petition or its final
disposition.
SUMMARY:
Comments on this petition must
identify the petition docket number and
must be received on or before July 15,
2019.
ADDRESSES: Send comments identified
by docket number FAA–2019–0270
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
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DATES:
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Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Jake
Troutman, (202) 683–7788, Office of
Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on June 13,
2019.
Brandon Roberts,
Acting Executive Director, Office of
Rulemaking.
Petition for Exemption
Docket No.: FAA–2019–0270.
Petitioner: Bell Helicopter Textron
Inc.
Section(s) of 14 CFR Affected:
§§ 61.113(a); 91.119(c); 91.121; and
91.151(a).
Description of Relief Sought: The
proposed exemption, if granted, would
allow the petitioner to operate the
APT70 tailsitter vertical takeoff and
landing unmanned aircraft system
(UAS), that can be configured for a
maximum takeoff weight of 320 pounds,
and other Bell owned and operated UAS
of equal or smaller size and kinetic
energy for research and development
purposes. All proposed operations will
be restricted to Class G airspace above
remote areas with restricted access and
in conjunction with a Certificate of
Waiver or Authorization within visual
line of sight of the remote pilot.
[FR Doc. 2019–13388 Filed 6–21–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. FAA–2019–30]
Petition for Exemption; Summary of
Petition Received; Innova Flight, LLC
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of Federal
Aviation Regulations. The purpose of
SUMMARY:
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29583
this notice is to improve the public’s
awareness of, and participation in, the
FAA’s exemption process. Neither
publication of this notice nor the
inclusion or omission of information in
the summary is intended to affect the
legal status of the petition or its final
disposition.
Comments on this petition must
identify the petition docket number and
must be received on or before July 15,
2019.
DATES:
Send comments identified
by docket number FAA–2019–0243
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
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Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
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20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
ADDRESSES:
Nia
Daniels, (202) 267–7626, Office of
Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Notices]
[Pages 29576-29583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13376]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2019-0005]
Procedures for Requests To Exclude Particular Products From the
September 2018 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 and request for comments.
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SUMMARY: In a notice published on May 9, 2019, the United States Trade
Representative (Trade Representative) announced that the Office of the
U.S. Trade Representative (USTR) would establish a process by which
U.S. stakeholders may request exclusion of particular products
classified within a tariff subheading covered by the September 2018
action in this investigation from the additional duties. This notice
announces that USTR will open an electronic portal for submission of
exclusion requests on June 30, 2019, and sets out the specific
procedures for submitting requests.
DATES:
June 30, 2019 at noon EDT: The web portal for submitting exclusion
requests--https://exclusions.USTR.gov--will open.
September 30, 2019: Deadline for submitting exclusion requests.
Responses to individual exclusion requests are due 14 days after
the request is posted on USTR's online portal. Any replies to responses
to an exclusion request are due the later of 7 days after the close of
the 14-day response period, or 7 days after the posting of a response.
ADDRESSES: You must submit all requests, responses to requests, and
replies to responses through the online portal: https://exclusions.USTR.gov.
FOR FURTHER INFORMATION CONTACT: For questions about the product
exclusion process, contact USTR Assistant General Counsels Philip
Butler or Megan Grimball at (202) 395-5725. For questions on customs
classification or implementation of additional duties, contact
[email protected].
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 24, 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), 83 FR
40823 (August 16, 2018), 83 FR 47974 (September 21, 2018), as modified
by 83 FR 49153 (September 28, 2018), and 84 FR 20549 (May 9, 2019), as
modified by 84 FR 21892 (May 15, 2019) and 84 FR 26930 (June 10, 2019).
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 Section 301
investigation by imposing 10 percent additional duties on products of
China with an annual trade value of approximately $200 billion. On
September 28, 2018 (83 FR 65198), 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
September 28 notice, as the ``September 2018 action.'' In a notice
published on May 9, 2019 (84 FR 20459), the Trade Representative, at
the direction of the President, increased the rate of additional duty
for the September 2018 action to 25 percent.
B. Procedures To Request the Exclusion of Particular Products
USTR invites interested persons, including trade associations, to
submit requests for exclusion from the additional duties under the
September 2018 action. The September 2018 action covers the products
classified within the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings set out in Annex A of the notice published at 83 FR
47974 (September 21, 2018) as amended and modified by 83 FR 49153
(September 28, 2018). As explained in more detail below, each request
must specifically identify a particular product, and provide supporting
data and the rationale for the requested exclusion. USTR will evaluate
each request on a case-by-case basis, taking into account the asserted
rationale for the exclusion, whether the exclusion would undermine the
objective of the Section 301 investigation, and whether the request
defines the product with sufficient precision. Any exclusion will be
effective starting from the September 24, 2018 effective date of the
September 2018 action, and extending for one year after the publication
of the exclusion determination in the Federal Register. USTR will
periodically announce decisions on pending requests.
To submit an exclusion request, requesters must first register on
the portal at https://exclusions.USTR.gov. As noted above, the portal
will open at noon EDT on June 30, 2019. After registration, the
requester can fill out and submit one or more exclusion request forms.
Fields on the exclusion request form marked with an asterisk (*)
are required fields. Fields with a gray (BCI) notation are for Business
Confidential Information and the information entered will not be
publicly available. Fields with a green (Public) notation will be
publicly available. Additionally, parties will be able to upload
documents and indicate whether the documents are BCI or public.
Requesters will be able to review the public version of their
submission before the submission is posted.
In order to facilitate preparation of requests prior to the June 30
opening of the web portal, a facsimile of the exclusion request form to
be used on the portal is attached as an annex to this notice. Please
note that the color-coding of public fields and BCI fields is not
visible on the attached facsimile, but will be apparent on the actual
form used on the portal.
Set out below is a summary of the information to be entered on the
exclusion request form.
Each requester has to provide contact information, including the
full legal name of the organization making the request, whether the
requester is a third party (law firm, trade association, or customs
broker) submitting on behalf of an organization or industry, and the
primary point of contact (requester and/or third party submitter). The
requester may report whether the requester's business satisfies the
Small Business
[[Page 29577]]
Administration's size standard for a small business, which are
identified by North American Industry Classification Systems Codes and
are found in 13 CFR 121.201.
With regard to product identification, any request for exclusion
must include the following information:
The 10-digit subheading of the HTSUS applicable to the
particular product requested for exclusion. If no 10-digit subheading
is available (i.e., the 8-digit subheading does not contain breakouts
at the 10-digit level), requesters should use the 8-digit subheading
and add ``00''. Different models classified under different 8-digit or
10-digit subheadings are considered different products and require
separate exclusion requests.
Product name and a detailed description of the product. A
detailed description of the product includes, but is not limited to,
its physical characteristics (e.g., dimensions, weight, material
composition, etc.). Requesters may submit a range of comparable goods
within the product definition set out in an exclusion request. Thus, a
product request may include two or more goods with similar product
characteristics or attributes. Goods with different SKUs, model
numbers, or sizes are not necessarily different products.
The products function, application (whether the product is
designed to function in or with a particular machine or other device),
principal use, and any unique physical features that distinguish it
from other products within the covered 8-digit HTSUS subheading.
Requesters may submit attachments that help distinguish the product
(e.g., CBP rulings, photos and specification sheets, and previous
import documentation). Documents submitted to support a requester's
product description must be made available for public inspection and
contain no BCI. USTR will not consider requests that identify the
product using criteria that cannot be made available for public
inspection.
Requesters must provide their relationship to the product
(Importer, U.S. Producer, Purchaser, Industry Association, Other) and
provide specific data on the annual quantity and value of the Chinese-
origin product, domestic product, and third-country product the
requester purchased, in 2017, 2018, and the first quarter of 2019.
Requesters must provide information regarding their company's gross
revenues for 2018, the first quarter of 2018, and the first quarter of
2019.
For imports sold as final products, requesters must provide the
percentage of their total gross sales in 2018 that sales of the
Chinese-origin product accounted for.
For imports used in the production of final products, requesters
must provide the percentage of the total cost of producing the final
product(s) the Chinese-origin input accounts for and the percentage of
their total gross sales in 2018 that sales of the final product(s)
accounted for.
As noted in the attached facsimile, required information regarding
the requester's purchases and gross sales and revenue is BCI and the
information entered will not be publicly available.
With regard to the rationale for the requested exclusion, each
requester will be asked to address the following:
Whether the particular product is available only from
China and whether the particular product and/or a comparable product is
available from sources in the United States and/or in third countries.
The requester must provide an explanation if the product is not
available outside of China or the requester is not sure of the product
availability.
Whether the requester has attempted to source the product
from the United States or third countries.
Whether the imposition of additional duties (since
September 2018) on the particular product has or will cause severe
economic harm to the requester or other U.S. interests.
Whether the particular product is strategically important
or related to ``Made in China 2025'' or other Chinese industrial
programs.
In addressing each factor, the requester should provide support for
their assertions. To provide information about the possible cumulative
effects of the Section 301 tariff actions, requesters also may submit
information about any exclusion requests submitted by the requester
under the initial $34 billion tariff action (Docket ID: USTR-2018-0025)
or the additional $16 billion tariff action (Docket ID: USTR-2018-0032)
and the value of the requester's imports applicable to the previous
tariff actions. Requesters also may provide any other information or
data that they consider relevant to an evaluation of the request.
C. Responses to Requests for Exclusions
After a request for exclusion of a particular product is posted on
USTR's online portal, interested persons will have 14 days to respond
to the request, indicating support or opposition and providing reasons
for their view. A response to a product exclusion request must be
submitted using USTR's online portal at https://exclusions.USTR.gov. To
file a response, an interested party does not have to register.
Responses will be publicly available.
D. Replies to Responses to Requests for Exclusions
After a response is posted on USTR's online portal, the requester
will have the opportunity to reply to the response using the same
portal. Any reply must be submitted within the later of 7 days after
the close of the 14 day response period, or 7 days after the posting of
a response. A reply to a response must be submitted using USTR's online
portal at https://exclusions.USTR.gov. Replies to responses will be
publicly available.
E. Submission Instructions
As noted above, interested persons must submit requests for
exclusions in the period between the opening of the portal on June 30,
2019, and the September 30, 2019 submission deadline. Any responses to
those requests must be submitted within 14 days after the requests are
posted. Any reply to a response must be submitted within the later of 7
days after the close of the 14 day response period, or 7 days after the
posting of a response. Interested persons seeking to exclude two or
more products must submit a separate request for each product, i.e.,
one product per request. As noted above, a single product may include
two or more goods with similar product characteristics or attributes.
By submitting an exclusion request, a response, or a reply, the
submitter certifies that the information provided is complete and
correct to the best of his or her knowledge.
F. Paperwork Reduction Act
In accordance with the requirements of the Paperwork Reduction Act
of 1995 (PRA) and its implementing regulations, USTR submitted a
request to the Office of Management and Budget (OMB) for emergency
review and clearance of this information collection request (ICR)
titled 301 Exclusion Requests. OMB assigned control number 0350-0015,
which is due to expire on December 31, 2019. USTR intends to submit the
information collection to OMB for review and approval of a three-year
extension of the control number.
Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
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[FR Doc. 2019-13376 Filed 6-21-19; 8:45 am]
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