Procedures for Requests To Exclude Particular Products From the August 2019 Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 57144-57152 [2019-23181]
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decision will be issued by January 22,
2020.
Any offer of financial assistance
(OFA) under 49 CFR 1152.27(b)(2) will
be due no later than 120 days after the
filing of the petition for exemption, or
10 days after service of a decision
granting the petition for exemption,
whichever occurs sooner. Persons
interested in submitting an OFA must
first file a formal expression of intent to
file an offer by November 4, 2019,
indicating the type of financial
assistance they wish to provide (i.e.,
subsidy or purchase) and demonstrating
that they are preliminary financially
responsible. See 49 CFR 1152.27(c)(1)(i).
Following authorization for
abandonment, the Line may be suitable
for other public use, including interim
trail use. Any request for a public use
condition under 49 CFR 1152.28 or for
interim trail use/rail banking under 49
CFR 1152.29 will be due no later than
November 13, 2019.2
All pleadings, referring to Docket No.
AB 33 (Sub–No. 342X), 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, a copy of each pleading must
be served on UP’s representative, Jeremy
M. Berman, Union Pacific Railroad
Company, 1400 Douglas St., Stop 1580,
Omaha, NE 68179, and the County’s
representative, Carolyn G. Kraska,
Hogan Lovells US LLP, 555 13th St.
NW, Washington, DC 20004. Replies to
the petition are due on or before
November 13, 2019.
Persons seeking further information
concerning abandonment procedures
may contact the Board’s Office of Public
Assistance, Governmental Affairs, and
Compliance at (202) 245–0238 or refer
to the full abandonment regulations at
49 CFR part 1152. Questions concerning
environmental issues may be directed to
the Board’s Office of Environmental
Analysis (OEA) at (202) 245–0305.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
An environmental assessment (EA) (or
environmental impact statement (EIS), if
necessary) prepared by OEA will be
served upon all parties of record and
upon any agencies or other persons who
comment during its preparation. Other
interested persons may contact OEA to
obtain a copy of the EA (or EIS). EAs in
abandonment proceedings normally will
be made available within 60 days of the
filing of the petition. The deadline for
2 Filing fees for OFAs and trail use requests can
be found at 49 CFR 1002.2(f)(25) and (27),
respectively.
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submission of comments on the EA
generally will be within 30 days of its
service.
Board decisions and notices are
available at www.stb.gov.
Decided: October 18, 2019.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019–23203 Filed 10–23–19; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. EP 670 (Sub–No. 1)]
Notice of Rail Energy Transportation
Advisory Committee Meeting
Surface Transportation Board.
Notice of Rail Energy
Transportation Advisory Committee
meeting.
AGENCY:
ACTION:
Notice is hereby given of a
meeting of the Rail Energy
Transportation Advisory Committee
(RETAC), pursuant to the Federal
Advisory Committee Act.
DATES: The meeting will be held on
Thursday, November 14, 2019, at 8:00
a.m. C.S.T.
ADDRESSES: The meeting will be held at
the Paducah & Louisville Railway
headquarters at 200 Clark Street,
Paducah, KY 42003.
FOR FURTHER INFORMATION CONTACT:
Kristen Nunnally at (202) 245–0312 or
Kristen.Nunnally@stb.gov. Assistance
for the hearing impaired is available
through the Federal Relay Service at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: RETAC
was formed in 2007 to provide advice
and guidance to the Board, and to serve
as a forum for discussion of emerging
issues related to the transportation of
energy resources by rail, including coal,
ethanol, and other biofuels.
Establishment of a Rail Energy Transp.
Advisory Comm., EP 670 (STB served
July 17, 2007). The purpose of this
meeting is to continue discussions
regarding issues such as rail
performance, capacity constraints,
infrastructure planning and
development, and effective coordination
among suppliers, carriers, and users of
energy resources. Potential agenda items
for this meeting include a performance
measures review, industry segment
updates by RETAC members, and a
roundtable discussion.
The meeting, which is open to the
public, will be conducted in accordance
with the Federal Advisory Committee
Act, 5 U.S.C. app. 2; Federal Advisory
Committee Management regulations, 41
CFR pt. 102–3; RETAC’s charter; and
Board procedures. Further
communications about this meeting may
be announced through the Board’s
website at www.stb.gov.
Written Comments: Members of the
public may submit written comments to
RETAC at any time. Comments should
be addressed to RETAC, c/o Kristen
Nunnally, Surface Transportation
Board, 395 E Street SW, Washington, DC
20423–0001 or Kristen.Nunnally@
stb.gov.
Authority: 49 U.S.C. 1321, 49 U.S.C.
11101; 49 U.S.C. 11121.
Decided: October 18, 2019.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2019–23207 Filed 10–23–19; 8:45 am]
BILLING CODE 4915–01–P
SUMMARY:
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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 August
2019 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
August 20, 2019, the U.S. Trade
Representative announced that the
Office of the U.S. Trade Representative
(USTR) would establish a process by
which U.S. stakeholders may request an
exclusion from additional duties of
particular products classified within a
tariff subheading covered by the August
2019 action. This notice announces that
USTR will open an electronic portal for
submission of exclusion requests on
October 31, 2019 for products covered
by Annex A of the August 2019 action,
and sets out the specific procedures for
submitting requests.
DATES: October 31, 2019 at noon EDT:
The web portal for submitting exclusion
requests—https://
exclusions.USTR.gov—will open.
January 31, 2020 at 11:59 p.m. EDT:
Last day for submitting exclusion
requests.
Responses to individual exclusion
requests are due 14 days after USTR
SUMMARY:
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posts the request on the 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 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. August 2019 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), and
84 FR 22564 (May 17, 2019).
In a notice published on August 20,
2019, the U.S. Trade Representative, at
the direction of the President,
announced a determination to modify
the action being taken in the Section
301 investigation by imposing an
additional 10 percent ad valorem duty
on products of China with an annual
aggregate trade value of approximately
$300 billion. 84 FR 43304 (August 20,
2019). The August 20 notice contains
two separate lists of tariff subheadings,
with two different effective dates. List 1,
which is set out in Annex A of the
August 20 notice, was effective
September 1, 2019. List 2, which is set
out in Annex C of the August 20 notice,
currently is scheduled to take effect on
December 15, 2019. On August 30, 2019,
the U.S. Trade Representative, at the
direction of the President, determined to
modify the action being taken in the
investigation by increasing the rate of
additional duty from 10 to 15 percent ad
valorem on the goods of China specified
in Annex A and Annex C of the August
20 notice.
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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 for products covered
by List 1 of the August 2019 action. As
explained in more detail below, each
request specifically must 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
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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 for one year, starting from the
September 1, 2019 effective date for
Annex A of the August 20, 2019 notice.
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 October 31, 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 green (Public)
notation will be publicly available.
Fields with a gray (BCI) notation are for
Business Confidential Information and
the information entered will not 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 October 31 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 must 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
Administration’s size standards 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
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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 product’s function, application
(e.g., 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.
• Whether the product is currently
subject to an antidumping or
countervailing duty order issued by the
U.S. Department of Commerce.
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 half of 2019.
Requesters must provide information
regarding their gross revenues for 2018
and the first half 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
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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 on the particular
product 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), the additional $16 billion tariff
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action (Docket ID: USTR–2018–0032), or
the additional $200 billion tariff action
(Docket ID: USTR–2019–0005) and the
value of the requester’s imports covered
by 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 October 31, 2019, and January
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31, 2020. 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 has submitted the
information collection to OMB for
review and approval of a three-year
extension of the control number. 84 FR
43853 (August 22, 2019).
Joseph Barloon,
General Counsel, Office of the U.S. Trade
Representative.
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BILLING CODE 3290–F0–C9
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2019–0018]
Applications for Inclusion on the
Binational Panels Roster Under the
North American Free Trade Agreement
Office of the United States
Trade Representative.
ACTION: Invitation for applications.
AGENCY:
The North American Free
Trade Agreement (NAFTA) provides for
the establishment of a roster of
individuals to serve on binational
panels convened to review final
determinations in antidumping or
countervailing duty (AD/CVD)
proceedings and amendments to AD/
CVD statutes of a NAFTA Party. The
United States annually renews its
selections for the roster. The Office of
the United States Trade Representative
(USTR) invites applications from
eligible individuals wishing to be
included on the roster for the period
April 1, 2020, through March 31, 2021.
DATES: USTR must receive your
application by November 29, 2019.
ADDRESSES: You should submit your
application through the Federal
eRulemaking Portal: https://
www.regulations.gov, using docket
number USTR–2019–0018. Follow the
instructions for submitting comments
below. While USTR strongly prefers
electronic submissions, you also may
submit your application by fax, to
Sandy McKinzy at (202) 395–3640.
FOR FURTHER INFORMATION CONTACT:
Philip Butler, Assistant General
Counsel, Philip.A.Butler@ustr.eop.gov,
(202) 395–5804.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Binational Panel AD/CVD Reviews
Under the NAFTA
Article 1904 of the NAFTA provides
that a party involved in an AD/CVD
proceeding may obtain review by a
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binational panel of a final AD/CVD
determination of one NAFTA Party with
respect to the products of another
NAFTA Party. Binational panels decide
whether AD/CVD determinations are in
accordance with the domestic laws of
the importing NAFTA Party using the
standard of review that would have
been applied by a domestic court of the
importing NAFTA Party. A panel may
uphold the AD/CVD determination, or
may remand it to the national
administering authority for action not
inconsistent with the panel’s decision.
Panel decisions may be reviewed in
specific circumstances by a threemember extraordinary challenge
committee, selected from a separate
roster composed of 15 current or former
judges.
Article 1903 of the NAFTA provides
that a NAFTA Party may refer an
amendment to the AD/CVD statutes of
another NAFTA Party to a binational
panel for a declaratory opinion as to
whether the amendment is inconsistent
with the General Agreement on Tariffs
and Trade (GATT), the GATT
Antidumping or Subsidies Codes,
successor agreements, or the object and
purpose of the NAFTA with regard to
the establishment of fair and predictable
conditions for the liberalization of trade.
If the panel finds that the amendment is
inconsistent, the two NAFTA Parties
must consult and seek to achieve a
mutually satisfactory solution.
Roster and Composition of Binational
Panels
Annex 1901.2 of the NAFTA provides
for the maintenance of a roster of at least
75 individuals for service on Chapter 19
binational panels, with each NAFTA
Party selecting at least 25 individuals. A
separate five-person panel is formed for
each review of a final AD/CVD
determination or statutory amendment.
To form a panel, the two NAFTA Parties
involved each appoint two panelists,
normally by drawing upon individuals
from the roster. If the Parties cannot
agree upon the fifth panelist, one of the
Parties, decided by lot, selects the fifth
panelist from the roster. The majority of
individuals on each panel must consist
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of lawyers in good standing, and the
chair of the panel must be a lawyer.
When there is a request to establish a
panel, roster members from the two
involved NAFTA Parties will complete
a disclosure form that is used to identify
possible conflicts of interest or
appearances thereof. The disclosure
form requests information regarding
financial interests and affiliations,
including information regarding the
identity of clients of the roster member
and, if applicable, clients of the roster
member’s firm.
Criteria for Eligibility for Inclusion on
Roster
Section 402 of the NAFTA
Implementation Act (Pub. L. 103–182,
as amended (19 U.S.C. 3432)) (Section
402) provides that selections by the
United States of individuals for
inclusion on the Chapter 19 roster are to
be based on the eligibility criteria set
out in Annex 1901.2 of the NAFTA, and
without regard to political affiliation.
Annex 1901.2 provides that Chapter 19
roster members must be citizens of a
NAFTA Party, must be of good character
and of high standing and repute, and are
to be chosen strictly on the basis of their
objectivity, reliability, sound judgment,
and general familiarity with
international trade law. Aside from
judges, roster members may not be
affiliated with any of the three NAFTA
Parties. Section 402 also provides that,
to the fullest extent practicable, judges
and former judges who meet the
eligibility requirements should be
selected.
Adherence to the NAFTA Code of
Conduct for Binational Panelists
The ‘‘Code of Conduct for Dispute
Settlement Procedures Under Chapters
19 and 20’’ (see https://www.nafta-secalena.org/Home/Texts-of-theAgreement/Code-of-Conduct), which
was established pursuant to Article
1909 of the NAFTA, provides that
current and former Chapter 19 roster
members ‘‘shall avoid impropriety and
the appearance of impropriety and shall
observe high standards of conduct so
that the integrity and impartiality of the
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[FR Doc. 2019–23181 Filed 10–23–19; 8:45 am]
]]>Agencies
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57144-57152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23181]
=======================================================================
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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
August 2019 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.
-----------------------------------------------------------------------
SUMMARY: In a notice published on August 20, 2019, the U.S. Trade
Representative announced that the Office of the U.S. Trade
Representative (USTR) would establish a process by which U.S.
stakeholders may request an exclusion from additional duties of
particular products classified within a tariff subheading covered by
the August 2019 action. This notice announces that USTR will open an
electronic portal for submission of exclusion requests on October 31,
2019 for products covered by Annex A of the August 2019 action, and
sets out the specific procedures for submitting requests.
DATES: October 31, 2019 at noon EDT: The web portal for submitting
exclusion requests--https://exclusions.USTR.gov--will open.
January 31, 2020 at 11:59 p.m. EDT: Last day for submitting
exclusion requests.
Responses to individual exclusion requests are due 14 days after
USTR
[[Page 57145]]
posts the request on the 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 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. August 2019 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), and 84 FR 22564 (May
17, 2019).
In a notice published on August 20, 2019, the U.S. Trade
Representative, at the direction of the President, announced a
determination to modify the action being taken in the Section 301
investigation by imposing an additional 10 percent ad valorem duty on
products of China with an annual aggregate trade value of approximately
$300 billion. 84 FR 43304 (August 20, 2019). The August 20 notice
contains two separate lists of tariff subheadings, with two different
effective dates. List 1, which is set out in Annex A of the August 20
notice, was effective September 1, 2019. List 2, which is set out in
Annex C of the August 20 notice, currently is scheduled to take effect
on December 15, 2019. On August 30, 2019, the U.S. Trade
Representative, at the direction of the President, determined to modify
the action being taken in the investigation by increasing the rate of
additional duty from 10 to 15 percent ad valorem on the goods of China
specified in Annex A and Annex C of the August 20 notice.
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 for products
covered by List 1 of the August 2019 action. As explained in more
detail below, each request specifically must 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 for one year,
starting from the September 1, 2019 effective date for Annex A of the
August 20, 2019 notice. 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 October 31, 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 green (Public) notation will be
publicly available. Fields with a gray (BCI) notation are for Business
Confidential Information and the information entered will not 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 October
31 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 must 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 Administration's size standards 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 product's function, application (e.g., 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.
Whether the product is currently subject to an antidumping
or countervailing duty order issued by the U.S. Department of Commerce.
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 half of 2019.
Requesters must provide information regarding their gross revenues
for 2018 and the first half 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
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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 on the
particular product 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), the additional $16 billion tariff action (Docket ID: USTR-2018-
0032), or the additional $200 billion tariff action (Docket ID: USTR-
2019-0005) and the value of the requester's imports covered by 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 October
31, 2019, and January 31, 2020. 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 has submitted the
information collection to OMB for review and approval of a three-year
extension of the control number. 84 FR 43853 (August 22, 2019).
Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
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[FR Doc. 2019-23181 Filed 10-23-19; 8:45 am]
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