Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 49564-49590 [2019-20441]

Download as PDF 49564 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices NUCLEAR REGULATORY COMMISSION [NRC–2019–0001] Sunshine Act Meetings Weeks of September 23, 30, October 7, 14, 21, 28, 2019. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. MATTERS TO BE CONSIDERED: TIME AND DATE: Week of September 23, 2019 Wednesday, September 25, 2019 9:00 a.m. Joint Meeting of the Federal Energy Regulatory Commission (FERC) and the Nuclear Regulatory Commission (NRC) (Part 1) (Public Meeting) (Contact: Nadim Khan: 301–415–1119) This meeting will be webcast live at the Web address—http://www.nrc.gov/. 11:25 a.m. Joint Meeting of the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission (Part 2) (Closed Ex. 1) Dated at Rockville, Maryland, this 18th day of September 2019. For the Nuclear Regulatory Commission. Denise L. McGovern, Policy Coordinator, Office of the Secretary. [FR Doc. 2019–20490 Filed 9–18–19; 11:15 am] BILLING CODE 7590–01–P SURFACE TRANSPORTATION BOARD Week of September 30, 2019—Tentative [Docket No. FD 36341] There are no meetings scheduled for the week of September 30, 2019. WRL, LLC d/b/a Rainier Rail— Acquisition and Operation Exemption—City of Tacoma, Department of Public Works d/b/a Tacoma Rail Week of October 7, 2019—Tentative There are no meetings scheduled for the week of October 7, 2019. Week of October 14, 2019—Tentative There are no meetings scheduled for the week of October 14, 2019. Week of October 21, 2019—Tentative There are no meetings scheduled for the week of October 21, 2019. Week of October 28, 2019—Tentative There are no meetings scheduled for the week of October 28, 2019. CONTACT PERSON FOR MORE INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES Braille, large print), please notify Anne Silk, NRC Disability Program Specialist, at 301–287–0745, by videophone at 240–428–3217, or by email at Anne.Silk@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301– 415–1969), or by email at Tyesha.Bush@ nrc.gov. The NRC is holding the meetings under the authority of the Government in the Sunshine Act, 5 U.S.C. 552b. For more information or to verify the status of meetings, contact Denise McGovern at 301–415–0681 or via email at Denise.McGovern@nrc.gov. The schedule for Commission meetings is subject to change on short notice. The NRC Commission Meeting Schedule can be found on the internet at: http://www.nrc.gov/public-involve/ public-meetings/schedule.html. The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 WRL, LLC (WRL) d/b/a Rainier Rail, a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from the City of Tacoma, Department of Public Works d/ b/a Tacoma Rail (Tacoma Rail), and operate approximately 4.4 miles of rail line between milepost 33C north of Rainier, Thurston County, Wash., and milepost 28.6 near McKenna, Pierce County, Wash. (the Line).1 WRL states that the Line adjoins a 34.6-mile rail line that WRL previously acquired from Tacoma Rail. See WRL, LLC—Acquis. Exemption—City of Tacoma, Dep’t of Pub. Works, FD 36074 (STB served Oct. 14, 2016). WRL states that it has reached an agreement with Tacoma Rail to acquire and operate the Line upon the exemption’s effective date. WRL states that the proposed acquisition of the Line does not involve any provision or agreement that would limit future interchange with a thirdparty connecting carrier. WRL certifies that the proposed transaction will not result in WRL’s becoming a Class II or Class I rail carrier 1 WRL filed a verification in support of its notice of exemption on September 5, 2019. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 and that the projected annual revenues of WRL will not exceed $5 million. The transaction may be consummated on or after October 5, 2019, the effective date of the exemption (30 days after the verified notice was filed).2 If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than September 27, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36341, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on WRL’s representative, James H.M. Savage, 22 Rockingham Court, Germantown, MD 20874. According to WRL, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: September 16, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–20351 Filed 9–19–19; 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 imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative’s SUMMARY: 2 The date of WRL’s verification (September 5, 2019) will be considered the filing date for the purposes of calculating the effective date of the exemption. E:\FR\FM\20SEN1.SGM 20SEN1 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices determination included a decision to establish a product exclusion process. The U.S. Trade Representative initiated the exclusion process in July 2018, and stakeholders have submitted requests for the exclusion of specific products. In December 2018, March 2019, April 2019, May 2019, June 2019, and July 2019 the U.S. Trade Representative granted exclusion requests. This notice announces the U.S. Trade Representative’s determination to grant additional exclusion requests, as specified in the Annex to this notice. The U.S. 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: khammond on DSKJM1Z7X2PROD with NOTICES 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), 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), 84 FR 11152 (March 25, 2019), 84 FR 16310 (April 18, 2019), 84 FR 21389 (May 14, 2019), 84 FR 25895 (June 4, 2019), and 84 FR 32821 (July 9, 2019). Effective July 6, 2018, the U.S. 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 U.S. Trade Representative’s determination included a decision to establish a process by which U.S. stakeholders may request exclusion of particular products VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 classified within an 8-digit HTSUS subheading covered by the $34 billion action from the additional duties. The U.S. 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 is available only 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 U.S. 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 U.S. Trade Representative would periodically announce decisions. In December 2018, the U.S. Trade Representative granted an initial set of exclusion requests. See 83 FR 67463. The U.S. Trade Representative granted a second, third, fourth, fifth and sixth set of exclusions in March 2019, April 2019, May 2019, June 2019 and July 2019. See 84 FR 11152, 84 FR 16310, 84 FR 21389, 84 FR 25895, and 84 FR 32821. The Office of the U.S. Trade Representative regularly updates the status of each pending request and posts PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 49565 the status within the web pages for the respective tariff action they apply to at https://ustr.gov/issue-areas/ enforcement/section-301-investigations/ tariff-actions. 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 U.S. Trade Representative has determined to grant the product exclusions set out in the Annex to this notice. The U.S. 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, the exclusions are reflected in 310 specially prepared product descriptions, which cover 724 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, 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. Paragraph B of the Annex corrects a typographical error in U.S. note 20(n)(105) to subchapter III of chapter 99 of the HTSUS, as set out in the Annex to the notice published at 84 FR 32821 (July 9, 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 U.S. Trade Representative will continue to issue determinations on pending requests on a periodic basis. Joseph Barloon, General Counsel, Office of the U.S. Trade Representative. BILLING CODE 3290–F9–P E:\FR\FM\20SEN1.SGM 20SEN1 VerDate Sep<11>2014 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices 17:13 Sep 19, 2019 Jkt 247001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 EN20SE19.009</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 49566 VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 49567 EN20SE19.010</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices VerDate Sep<11>2014 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices 17:13 Sep 19, 2019 Jkt 247001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 EN20SE19.011</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 49568 VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 49569 EN20SE19.012</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 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Agencies

[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49564-49590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20441]


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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 imposed 
additional duties on goods of China with an annual trade value of 
approximately $34 billion as part of the action in the Section 301 
investigation of China's acts, policies, and practices related to 
technology transfer, intellectual property, and innovation. The U.S. 
Trade Representative's

[[Page 49565]]

determination included a decision to establish a product exclusion 
process. The U.S. Trade Representative initiated the exclusion process 
in July 2018, and stakeholders have submitted requests for the 
exclusion of specific products. In December 2018, March 2019, April 
2019, May 2019, June 2019, and July 2019 the U.S. Trade Representative 
granted exclusion requests. This notice announces the U.S. Trade 
Representative's determination to grant additional exclusion requests, 
as specified in the Annex to this notice. The U.S. 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), 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), 84 FR 11152 (March 25, 2019), 84 FR 16310 (April 18, 2019), 
84 FR 21389 (May 14, 2019), 84 FR 25895 (June 4, 2019), and 84 FR 32821 
(July 9, 2019).
    Effective July 6, 2018, the U.S. 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 U.S. 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 U.S. 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 is available only 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 U.S. 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 U.S. Trade Representative would periodically announce 
decisions. In December 2018, the U.S. Trade Representative granted an 
initial set of exclusion requests. See 83 FR 67463. The U.S. Trade 
Representative granted a second, third, fourth, fifth and sixth set of 
exclusions in March 2019, April 2019, May 2019, June 2019 and July 
2019. See 84 FR 11152, 84 FR 16310, 84 FR 21389, 84 FR 25895, and 84 FR 
32821. The Office of the U.S. Trade Representative regularly updates 
the status of each pending request and posts the status within the web 
pages for the respective tariff action they apply to at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions.

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 U.S. Trade Representative has determined to grant the product 
exclusions set out in the Annex to this notice. The U.S. 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, the exclusions are reflected in 310 
specially prepared product descriptions, which cover 724 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, 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.
    Paragraph B of the Annex corrects a typographical error in U.S. 
note 20(n)(105) to subchapter III of chapter 99 of the HTSUS, as set 
out in the Annex to the notice published at 84 FR 32821 (July 9, 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 U.S. Trade Representative will continue to issue determinations 
on pending requests on a periodic basis.

Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
BILLING CODE 3290-F9-P

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[FR Doc. 2019-20441 Filed 9-19-19; 8:45 am]
 BILLING CODE 3290-F9-C