Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 65882-65885 [2019-25820]
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65882
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
Dated: November 25, 2019.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019–25879 Filed 11–27–19; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36363]
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CSX Transportation, Inc.—Corporate
Family Merger Exemption—The Home
Avenue Rail-Road Company
CSX Transportation, Inc. (CSXT), a
Class I carrier, and The Home Avenue
Rail-Road Company (HARR)
(collectively, the Parties) have filed a
verified notice of exemption for an
intra-corporate family transaction under
49 CFR 1180.2(d)(3). CSXT directly
controls and operates HARR. HARR
owns approximately 2.9 miles of
railroad and 3.99 miles of yard
switching track in the State of Ohio.
Under the proposed transaction, HARR
will be merged into CSXT with CSXT as
the surviving corporate entity.1
The Parties state that the purpose of
the transaction is to simplify the
corporate structure and reduce overhead
costs. According to the Parties, the
transaction will reduce corporate
overhead and duplication by
eliminating one corporation, while
retaining the same assets to serve
customers, and will allow CSXT to
obtain various savings.
Unless stayed, the exemption will be
effective on December 15, 2019 (30 days
after the verified notice was filed). The
Parties state that they intend to
consummate the proposed transaction
on or after that date.
The Parties state that the transaction
will not result in adverse changes in
service levels, significant operational
changes, or a change in the competitive
balance with carriers outside the
corporate family. Therefore, the
transaction is exempt from the prior
approval requirements of 49 U.S.C.
11323. See 49 CFR 1180.2(d)(3).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. As a condition to the use of
this exemption, any employees
adversely affected by this transaction
will be protected by the conditions set
forth in New York Dock Railway—
Control—Brooklyn Eastern District
Terminal, 360 I.C.C. 60 (1979).
1 An executed copy of the agreement and plan of
merger was filed on November 15, 2019, to replace
the draft agreement attached to the verified notice
of exemption.
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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 for stay must
be filed no later than December 6, 2019
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36363, 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 Louis E. Gitomer,
Esq., Law Offices of Louis E. Gitomer,
LLC, 600 Baltimore Avenue, Suite 301,
Towson, MD 21204.
According to the Parties, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c).
Board decisions and notices are
available at www.stb.gov.
Decided: November 25, 2019.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019–25869 Filed 11–27–19; 8:45 am]
BILLING CODE 4915–01–P
TENNESSEE VALLEY AUTHORITY
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Tennessee Valley Authority.
30-Day notice of submission of
information collection approval and
request for comments.
the Senior Privacy Program Manager:
Christopher A. Marsalis, Tennessee
Valley Authority, 400 W Summit Hill
Dr. (WT 5D), Knoxville, Tennessee
37902–1401; telephone (865) 632–2467
(this is not a toll-free number) or by
email at camarsalis@tva.gov.
SUPPLEMENTARY INFORMATION:
Type of Request: Extension without
change of a currently approved
collection.
Title of Information Collection:
Employment Application.
OMB Approval Number: 3316–0063.
Frequency of Use: On Occasion.
Type of Affected Public: Individuals.
Small Businesses or Organizations
Affected: No.
Federal Budget Functional Category
Code: 999.
Estimated Number of Annual
Responses: 2,683.
Estimated Total Annual Burden
Hours: 2,298.
Estimated Average Burden Hours per
Response: .85.
Need for and Use of Information:
Applications for employment are
needed to collect information on
qualifications, suitability for
employment, and eligibility for
veteran’s preference. The information is
used to make comparative appraisals
and to assist in selections. The affected
public consists of individuals who
apply for TVA employment.
Andrea S. Brackett,
Director, TVA Cybersecurity.
[FR Doc. 2019–25823 Filed 11–27–19; 8:45 am]
BILLING CODE 8120–08–P
AGENCY:
ACTION:
The information collection
described below will be submitted to
the Office of Management and Budget
(OMB) at, oira_submission@
omb.eop.gov, for review, as required by
the Paperwork Reduction Act of 1995.
The Tennessee Valley Authority is
soliciting public comments on this
proposed collection.
DATES: Comments should be sent to the
TVA Senior Privacy Program Manager,
and the OMB Office of Information &
Regulatory Affairs, Attention: Desk
Officer for Tennessee Valley Authority,
Washington, DC 20503, or email: oira_
submission@omb.eop.gov, no later than
December 30, 2019.
ADDRESSES: Requests for information,
including copies of the information
collection proposed and supporting
documentation, should be directed to
SUMMARY:
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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
Office of the United States
Trade Representative.
ACTION: Notice of product exclusions.
AGENCY:
In September 2018, the U.S.
Trade Representative imposed
additional duties on goods of China
with an annual trade value of
approximately $200 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 initiated a product
exclusion process in June 2019, and
interested persons have submitted
requests for the exclusion of specific
SUMMARY:
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
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products. This notice announces the
U.S. Trade Representative’s
determination to grant certain exclusion
requests specified in the Annex to this
notice.
DATES: The product exclusions
announced in this notice will apply as
of the September 24, 2018, effective date
of the $200 billion action, to August 7,
2020.
FOR FURTHER INFORMATION CONTACT: For
general questions about this notice,
contact Assistant General Counsels
Philip Butler or Megan Grimball, or
Director of Industrial Goods Justin
Hoffmann at (202) 395–5725. For
specific questions on customs
classification or implementation of the
product exclusions identified in the
annex to this notice, contact
traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
A. Background
For background on the proceedings in
this investigation, please see the prior
notices issued in the investigation,
including 82 FR 40213 (August 23,
2017), 83 FR 14906 (April 6, 2018), 83
FR 28710 (June 20, 2018), 83 FR 33608
(July 17, 2018), 83 FR 38760 (August 7,
2018), 83 FR 47974 (September 21,
2018), 83 FR 49153 (September 28,
2018), 83 FR 65198 (December 19,
2018), 84 FR 7966 (March 5, 2019), 84
FR 20459 (May 9, 2019), 84 FR 29576
(June 24, 2019), 84 FRN 38717 (August
7, 2019), 84 FR 46212 (September 3,
2019), 84 FR 49591 (September 20,
2019), 84 FR 57803 (October 28, 2019),
and 84 FR 61674 (November 13, 2019).
Effective September 24, 2018, the U.S.
Trade Representative imposed
additional 10 percent duties on goods of
China classified in 5,757 full and partial
subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS),
with an approximate annual trade value
of $200 billion. See 83 FR 47974, as
modified by 83 FR 49153. In May 2019,
the U.S. Trade Representative increased
the additional duty to 25 percent. See 84
FR 20459. On June 24, 2019, the U.S.
Trade Representative established a
process by which U.S. stakeholders can
request exclusion of particular products
classified within an 8-digit HTSUS
subheading covered by the $200 billion
action from the additional duties. See 84
FR 29576 (the June 24 notice).
Under the June 24 notice, requests for
exclusion had to identify the product
subject to the request in terms of the
physical characteristics that distinguish
it from other products within the
relevant 8-digit subheading covered by
the $200 billion action. Requestors also
had to provide the 10-digit subheading
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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 June 24 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 June 24 notice required
submission of requests for exclusion
from the $200 billion action no later
than September 30, 2019, and noted that
the U.S. Trade Representative
periodically would announce decisions.
In August 2019, the U.S. Trade
Representative granted an initial set of
exclusion requests. See 84 FR 38717.
The U.S. Trade Representative granted
additional exclusions in September,
October, and November 2019. See 84 FR
49591, 84 FR 57803, and 84 FR 61674.
The Office of the United States Trade
Representative (USTR) regularly
updates the status of each pending
request on the USTR Exclusions Portal
at https://exclusions.ustr.gov/s/
docket?docketNumber=USTR-20190005.
B. Determination To Grant Certain
Exclusions
Based on the evaluation of the factors
set out in the June 24 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
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65883
any public comments on the pertinent
exclusion requests.
As set out in the Annex, the
exclusions are reflected in 32 specially
prepared product descriptions, which
cover 39 separate exclusion requests.
In accordance with the June 24 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.
Paragraph B, subparagraph (1) is a
typographical correction of U.S. note
20(ll)(23) to subchapter III of chapter 99
of the HTSUS that modifies the unit of
measurement published in the annex to
the notice published at 84 FR 57803
(October 28, 2019). Paragraph B,
subparagraphs (2)–(5), make conforming
amendments to note 20(g) published at
83 FR 47974 (September 21, 2019), note
20(ll) published at 84 FR 57803 (October
28, 2019), note 20(mm) published at 84
FR 61674 (November 13, 2019), and
heading 9903.88.04 of the HTSUS
published at 83 FR 47974 (September
21, 2019).
As stated in the September 20, 2019
notice, the exclusions will apply from
September 24, 2018, to August 7, 2020.
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.
Annex
A. Effective with respect to goods
entered for consumption, or withdrawn
from warehouse for consumption, on or
after 12:01 a.m. eastern daylight time on
September 24, 2018, subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS)
is modified:
1. By inserting the following new
heading 9903.88.35 in numerical
sequence, with the material in the new
heading inserted in the columns of the
HTSUS labeled ‘‘Heading/Subheading’’,
‘‘Article Description’’, and ‘‘Rates of
Duty 1-General’’, respectively:
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
Rates of duty
Heading/
subheading
Article description
1
2
General
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‘‘9903.88.35 ......
Articles the product of China, as provided for in U.S. note 20(nn)
to this subchapter, each covered by an exclusion granted by the
U.S. Trade Representative.
2. by inserting the following new U.S.
note 20(nn) to subchapter III of chapter
99 in numerical sequence:
‘‘(nn) The U.S. Trade Representative
determined to establish a process by
which particular products classified in
heading 9903.88.03 and provided for in
U.S. notes 20(e) and (f) to this
subchapter could be excluded from the
additional duties imposed by heading
9903.88.03, and by which particular
products classified in heading
9903.88.04 and provided for in U.S.
note 20(g) to this subchapter could be
excluded from the additional duties
imposed by heading 9903.88.04. See 83
FR 47974 (September 21, 2018) and 84
FR 29576 (June 24, 2019). Pursuant to
the product exclusion process, the U.S.
Trade Representative has determined
that the additional duties provided for
in heading 9903.88.03 shall not apply to
the following particular products, which
are provided for in the enumerated
statistical reporting numbers:
(1) Candy lollipops, not containing
cocoa, such goods put up for retail
sale in packings in the form of a
larger plastic lollipop, each
comprising a spheroid container
with a major axis of 14 cm and a
minor axis of 11 cm, with and a
plastic stick measuring 22 cm in
length inserted in the bottom of the
container, with the container
portion wrapped in printed plastic
film cinched at the container’s
bottom by a printed hang tag
(described in statistical reporting
number 1704.90.3550)
(2) Sodium metal (CAS No. 7440–23–5),
in bulk solid form (described in
statistical reporting number
2805.11.0000)
(3) Plastic trays, of a kind used for retail
packaging, custom vacuum formed
from polyvinyl chloride or
polystyrene sheets (0.45 to 0.9 mm
in thickness), each measuring 7.62
cm or more but not over 53.34 cm
in length, 17.15 cm or more but not
over 42.55 cm in width, and 3.18
cm or more but not over 15.24 cm
in depth (described in statistical
reporting number 3923.10.9000)
(4) Nonelectrical graphite sheets,
flexible, measuring 1,000 mm in
length, 1,000 mm in width, and 0.8
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The duty provided in
the applicable subheading’’.
mm or more but not exceeding 1.5
mm in thickness (described in
statistical reporting number
6815.10.0100)
(5) Grinding beads of yttria-stabilized
zirconia (described in statistical
reporting number 6909.11.2000)
(6) Tube or pipe sleeves (couplings) of
alloy steel (except stainless steel),
threaded, each weighing 0.19 kg or
more but not over 18.2 kg,
measuring 305 cm in length,
measuring 1.2 cm or more but not
over 10.2 cm in diameter, UL listed
(described in statistical reporting
number 7307.92.3030)
(7) Butt welding tube or pipe elbows of
galvanized steel, each weighing
0.19 kg or more but not over 17 kg,
measuring 12 mm or more but not
over 102 mm in inside diameter, UL
listed (described in statistical
reporting number 7307.93.6000)
(8) Foldable stepladders of steel, each
with 2, 3 or 4 steps and safety latch,
with load capacity of 90 kg or more
but not over 140 kg (described in
statistical reporting number
7326.90.8660)
(9) Flat panel display mounting adapters
of base metal (described in
statistical reporting number
8302.50.0000)
(10) Telescoping curtain rod sets put up
for retail sale, each set including
two or more cylindrical telescoping
rods, two or more wall brackets
capable of affixing the rods to
building components, all the
foregoing of steel, and two or more
rod finials of resins or other
plastics, the foregoing not including
mechanisms for opening or closing
curtains (described in statistical
reporting number 8302.41.6050)
(11) Electric display cases incorporating
refrigerating equipment designed
for commercial use, each with a
glass front to display the food or
drink being stored (described in
statistical reporting number
8418.50.0080)
(12) Wireline bridge plug assemblies for
use in oil and gas fields, compliant
with Specification 11D1 of the
American Petroleum Institute (API),
each composed of cylindrically
shaped, sand cast, cast iron
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Special
components with a nitrile rubber
sealing element and brass element
backup rings, measuring 3.7 cm or
more but not over 52 cm in
diameter and 30 cm or more but not
over 72 cm in length (described in
statistical reporting number
8479.89.9450)
(13) Vacuum cleaners, bagless, upright,
capable of operating in wet mode or
dry mode, each with self-contained
electric motor of a power not
exceeding 1,500 W and having a
tank capacity not over 4 liters
(described in statistical reporting
number 8508.11.0000)
(14) Vacuum cleaners, bagless, upright,
each with self-contained electric
motor of a power not exceeding
1,500 W and having a dust
receptacle capacity not exceeding 1
liter (described in statistical
reporting number 8508.11.0000)
(15) Starter motors for internal
combustion gasoline engines
designed for use in the lawn,
automotive, watercraft, motorcycle,
industrial and garden industries
(described in statistical reporting
number 8511.40.0000)
(16) EGR coolant tube assemblies of
stainless steel for diesel powered
vehicles of headings 8701 to 8705
(described in statistical reporting
number 8708.99.8180)
(17) Bicycles, not motorized, each
having aluminum- or magnesiumalloy wheels both measuring more
than 69 cm but not more than 71 cm
in diameter, tires of cross-sectional
diameter of 3.5 cm, aluminum
frame, a polyurethane/carbon fiber
cord drive belt, 3-, 7- or 12-speed
rear hub and twist shifter (described
in statistical reporting number
8712.00.2500)
(18) Single-speed bicycles meeting the
criteria of HTS subheading
8712.00.44, each having steel frame,
with aluminum stems, rims and
crankset and with rider contact area
of plastics, each bicycle weighing
not over 11.5 kg (described in
statistical reporting number
8712.00.4400)
(19) Carts (other than industrial hand
trucks and portable luggage carts)
that convert into ladders, each
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weighing not more than 15 kg,
measuring not more than 105 cm by
56 cm by 11 cm (described in
statistical reporting number
8716.80.5090)
(20) Dump carts, each with a steel
frame, a plastic bed and four
pneumatic tires on wheels, with a
capacity not exceeding 550 kg
(described in statistical reporting
number 8716.80.5090)
(21) Canoes (other than of wood or of
metal) each valued over $800, not of
a type designed to be principally
used with motors or sails (described
in statistical reporting number
8903.99.0500)
(22) Folding chairs with aluminum
frames, each comprising a seat of
polyester ripstop fabric and
polyester netting and an aluminum
frame, weighing not more than 600
g (described in statistical reporting
number 9401.79.0015)
(23) Folding tables designed for
camping, each composed of a
polyester ripstop fabric top
designed to assemble onto an
aluminum frame, the foregoing
when opened for use measures
53.34 cm x 41.91 cm x 36.83 and
weighs under 0.9 kg (described in
statistical reporting number
9403.20.0050)
(24) Outdoor tables of steel and
aluminum, each measuring no more
than 93 cm by 93 cm by 63 cm,
incorporating a built-in gas-burning
fire pit (described in statistical
reporting number 9403.20.0050)
(25) Foldable cots with frames of steel
and/or aluminum, each with
sleeping surface of polyester or
nylon fabric, each cot measuring
185 cm or more but not over 230 cm
in length, 70 cm or more but not
over 105 cm in width and 7 cm or
more but not over 58 cm in height
(described in statistical reporting
number 9403.20.0090)
(26) Foldable tables with frames of steel
and/or aluminum, each measuring
25 cm or more but not over 156 cm
in length, 30 cm or more but not
over 80 cm in width and 37 cm or
more but not over 113 cm in height,
with a tabletop surface of aluminum
(described in statistical reporting
number 9403.20.0090)
(27) Electric household floor-standing
lamps, of base metal other than
brass, each measuring 1.22 m or
more but not over 2.59 m in height,
with an E26 socket (described in
statistical reporting number
9405.20.6010)
(28) Electric household floor-standing
lamps, of base metal other than
brass, each measuring 77 cm or
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more but not over 232 cm in height
with light-emitting diode (LED)
lamp as light source (described in
statistical reporting number
9405.20.6010)
(29) Electric household table or desk
lamps, of base metal other than
brass, each measuring 25 cm or
more but not over 92 cm in height
with an E26 socket (described in
statistical reporting number
9405.20.6010)
(30) Electric household table or desk
lamps, of base metal other than
brass, each measuring 38 cm or
more but not over 87 cm in height,
with light-emitting diode (LED)
lamp as light source and featuring
an AC outlet, a charging pad and
USB port designed for the charging
of electronic devices (described in
statistical reporting number
9405.20.6010)
(31) Electric household floor-standing
lamps, of wood, each measuring
115 cm or more but not over 210 cm
in height, with an E26 socket
(described in statistical reporting
number 9405.20.8010)
(32) Electric household table or desk
lamps, of wood, each measuring 25
cm or more but not over 80 cm in
height, with an E26 socket
(described in statistical reporting
number 9405.20.8010)’’
3. by amending the last sentence of
the first paragraph of U.S. note 20(e) to
subchapter III of chapter 99:
a. By deleting the word ‘‘or’’ where it
appears after the phrase ‘‘U.S. note
20(ll) to subchapter III of chapter 99;’’;
and
b. by inserting the phrase ‘‘; or (5)
heading 9903.88.35 and U.S. note
20(nn) to subchapter III of chapter 99’’
after the phrase ‘‘U.S. note 20(mm) to
subchapter III of chapter 99’’.
4. by amending U.S. note 20(f) to
subchapter III of chapter 99:
a. By deleting the word ‘‘or’’ where it
appears after the phrase ‘‘U.S. note
20(ll) to subchapter III of chapter 99;’’;
and
b. by inserting the phrase ‘‘; or (5)
heading 9903.88.35 and U.S. note
20(nn) to subchapter III of chapter 99’’
after the phrase ‘‘U.S. note 20(mm) to
subchapter III of chapter 99’’.
5. by amending the Article
Description of heading 9903.88.03:
a. By deleting ‘‘9903.88.33 or’’ and
inserting ‘‘9903.88.33,’’ in lieu thereof;
and
b. by inserting ‘‘or 9903.88.35,’’ after
‘‘9903.88.34,’’.
B. Effective with respect to goods
entered for consumption, or withdrawn
from warehouse for consumption, on or
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65885
after 12:01 a.m. eastern daylight time on
September 24, 2018:
1. U.S. note 20(ll)(23) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS)
is modified by deleting ‘‘Articulated
chains of iron, not over 8 mm in
thickness and valued not over $2 per kg
(described in statistical reporting
number 7315.12.0080)’’ and inserting
‘‘Articulated chains of iron, not over 8
mm in thickness and valued not over $2
per m (described in statistical reporting
number 7315.12.0080)’’ in lieu thereof.
2. U.S. note 20(g) to subchapter III of
chapter 99 of the HTSUS is amended by
inserting the following phrase at the end
of the first sentence after the phrase ‘‘the
following products of China’’:
‘‘, except products of China granted
an exclusion by the U.S. Trade
Representative and provided for in: (1)
heading 9903.88.33 and U.S. note 20(ll)
to subchapter III of chapter 99; or (2)
heading 9903.88.34 and U.S. note
20(mm) to subchapter III of chapter 99’’.
3. U.S. note 20(ll) to subchapter III of
chapter 99 of the HTSUS is amended by
inserting the following phrase at the end
of the first sentence after the phrase
‘‘imposed by heading 9903.88.03’’:
‘‘, and by which particular products
classified in heading 9903.88.04 and
provided for in U.S. note 20(g) to this
subchapter could be excluded from the
additional duties imposed by heading
9903.88.04’’.
4. U.S. note 20(mm) to subchapter III
of chapter 99 of the HTSUS is amended
by inserting the following phrase at the
end of the first sentence after the phrase
‘‘imposed by heading 9903.88.03’’:
‘‘, and by which particular products
classified in heading 9903.88.04 and
provided for in U.S. note 20(g) to this
subchapter could be excluded from the
additional duties imposed by heading
9903.88.04’’.
5. The article description of heading
9903.88.04 of the HTSUS is amended by
deleting ‘‘Articles’’ and inserting in lieu
thereof the phrase ‘‘Except as provided
in headings 9903.88.33 or 9903.88.34,
articles’’.
[FR Doc. 2019–25820 Filed 11–27–19; 8:45 am]
BILLING CODE 3290–F0–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Rule on a Request
To Release Surplus Property at the
Daniel Field Airport, Augusta, Georgia
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for comment.
AGENCY:
E:\FR\FM\29NON1.SGM
29NON1
]]>Agencies
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65882-65885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25820]
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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: In September 2018, the U.S. Trade Representative imposed
additional duties on goods of China with an annual trade value of
approximately $200 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 initiated a product exclusion process in June
2019, and interested persons have submitted requests for the exclusion
of specific
[[Page 65883]]
products. This notice announces the U.S. Trade Representative's
determination to grant certain exclusion requests specified in the
Annex to this notice.
DATES: The product exclusions announced in this notice will apply as of
the September 24, 2018, effective date of the $200 billion action, to
August 7, 2020.
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
47974 (September 21, 2018), 83 FR 49153 (September 28, 2018), 83 FR
65198 (December 19, 2018), 84 FR 7966 (March 5, 2019), 84 FR 20459 (May
9, 2019), 84 FR 29576 (June 24, 2019), 84 FRN 38717 (August 7, 2019),
84 FR 46212 (September 3, 2019), 84 FR 49591 (September 20, 2019), 84
FR 57803 (October 28, 2019), and 84 FR 61674 (November 13, 2019).
Effective September 24, 2018, the U.S. Trade Representative imposed
additional 10 percent duties on goods of China classified in 5,757 full
and partial subheadings of the Harmonized Tariff Schedule of the United
States (HTSUS), with an approximate annual trade value of $200 billion.
See 83 FR 47974, as modified by 83 FR 49153. In May 2019, the U.S.
Trade Representative increased the additional duty to 25 percent. See
84 FR 20459. On June 24, 2019, the U.S. Trade Representative
established a process by which U.S. stakeholders can request exclusion
of particular products classified within an 8-digit HTSUS subheading
covered by the $200 billion action from the additional duties. See 84
FR 29576 (the June 24 notice).
Under the June 24 notice, requests for exclusion had to identify
the product subject to the request in terms of the physical
characteristics that distinguish it from other products within the
relevant 8-digit subheading covered by the $200 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 June 24 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 June 24 notice required submission of requests for exclusion
from the $200 billion action no later than September 30, 2019, and
noted that the U.S. Trade Representative periodically would announce
decisions. In August 2019, the U.S. Trade Representative granted an
initial set of exclusion requests. See 84 FR 38717. The U.S. Trade
Representative granted additional exclusions in September, October, and
November 2019. See 84 FR 49591, 84 FR 57803, and 84 FR 61674. The
Office of the United States Trade Representative (USTR) regularly
updates the status of each pending request on the USTR Exclusions
Portal at https://exclusions.ustr.gov/s/docket?docketNumber=USTR-2019-0005.
B. Determination To Grant Certain Exclusions
Based on the evaluation of the factors set out in the June 24
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 32
specially prepared product descriptions, which cover 39 separate
exclusion requests.
In accordance with the June 24 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.
Paragraph B, subparagraph (1) is a typographical correction of U.S.
note 20(ll)(23) to subchapter III of chapter 99 of the HTSUS that
modifies the unit of measurement published in the annex to the notice
published at 84 FR 57803 (October 28, 2019). Paragraph B, subparagraphs
(2)-(5), make conforming amendments to note 20(g) published at 83 FR
47974 (September 21, 2019), note 20(ll) published at 84 FR 57803
(October 28, 2019), note 20(mm) published at 84 FR 61674 (November 13,
2019), and heading 9903.88.04 of the HTSUS published at 83 FR 47974
(September 21, 2019).
As stated in the September 20, 2019 notice, the exclusions will
apply from September 24, 2018, to August 7, 2020. 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.
Annex
A. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on September 24, 2018, subchapter III of chapter
99 of the Harmonized Tariff Schedule of the United States (HTSUS) is
modified:
1. By inserting the following new heading 9903.88.35 in numerical
sequence, with the material in the new heading inserted in the columns
of the HTSUS labeled ``Heading/Subheading'', ``Article Description'',
and ``Rates of Duty 1-General'', respectively:
[[Page 65884]]
----------------------------------------------------------------------------------------------------------------
Rates of duty
--------------------------------------------------------
Heading/ subheading Article description 1
----------------------------------------- 2
General Special
----------------------------------------------------------------------------------------------------------------
``9903.88.35................. Articles the product of The duty provided in
China, as provided for the applicable
in U.S. note 20(nn) to subheading''.
this subchapter, each
covered by an exclusion
granted by the U.S.
Trade Representative.
----------------------------------------------------------------------------------------------------------------
2. by inserting the following new U.S. note 20(nn) to subchapter
III of chapter 99 in numerical sequence:
``(nn) The U.S. Trade Representative determined to establish a
process by which particular products classified in heading 9903.88.03
and provided for in U.S. notes 20(e) and (f) to this subchapter could
be excluded from the additional duties imposed by heading 9903.88.03,
and by which particular products classified in heading 9903.88.04 and
provided for in U.S. note 20(g) to this subchapter could be excluded
from the additional duties imposed by heading 9903.88.04. See 83 FR
47974 (September 21, 2018) and 84 FR 29576 (June 24, 2019). Pursuant to
the product exclusion process, the U.S. Trade Representative has
determined that the additional duties provided for in heading
9903.88.03 shall not apply to the following particular products, which
are provided for in the enumerated statistical reporting numbers:
(1) Candy lollipops, not containing cocoa, such goods put up for retail
sale in packings in the form of a larger plastic lollipop, each
comprising a spheroid container with a major axis of 14 cm and a minor
axis of 11 cm, with and a plastic stick measuring 22 cm in length
inserted in the bottom of the container, with the container portion
wrapped in printed plastic film cinched at the container's bottom by a
printed hang tag (described in statistical reporting number
1704.90.3550)
(2) Sodium metal (CAS No. 7440-23-5), in bulk solid form (described in
statistical reporting number 2805.11.0000)
(3) Plastic trays, of a kind used for retail packaging, custom vacuum
formed from polyvinyl chloride or polystyrene sheets (0.45 to 0.9 mm in
thickness), each measuring 7.62 cm or more but not over 53.34 cm in
length, 17.15 cm or more but not over 42.55 cm in width, and 3.18 cm or
more but not over 15.24 cm in depth (described in statistical reporting
number 3923.10.9000)
(4) Nonelectrical graphite sheets, flexible, measuring 1,000 mm in
length, 1,000 mm in width, and 0.8 mm or more but not exceeding 1.5 mm
in thickness (described in statistical reporting number 6815.10.0100)
(5) Grinding beads of yttria-stabilized zirconia (described in
statistical reporting number 6909.11.2000)
(6) Tube or pipe sleeves (couplings) of alloy steel (except stainless
steel), threaded, each weighing 0.19 kg or more but not over 18.2 kg,
measuring 305 cm in length, measuring 1.2 cm or more but not over 10.2
cm in diameter, UL listed (described in statistical reporting number
7307.92.3030)
(7) Butt welding tube or pipe elbows of galvanized steel, each weighing
0.19 kg or more but not over 17 kg, measuring 12 mm or more but not
over 102 mm in inside diameter, UL listed (described in statistical
reporting number 7307.93.6000)
(8) Foldable stepladders of steel, each with 2, 3 or 4 steps and safety
latch, with load capacity of 90 kg or more but not over 140 kg
(described in statistical reporting number 7326.90.8660)
(9) Flat panel display mounting adapters of base metal (described in
statistical reporting number 8302.50.0000)
(10) Telescoping curtain rod sets put up for retail sale, each set
including two or more cylindrical telescoping rods, two or more wall
brackets capable of affixing the rods to building components, all the
foregoing of steel, and two or more rod finials of resins or other
plastics, the foregoing not including mechanisms for opening or closing
curtains (described in statistical reporting number 8302.41.6050)
(11) Electric display cases incorporating refrigerating equipment
designed for commercial use, each with a glass front to display the
food or drink being stored (described in statistical reporting number
8418.50.0080)
(12) Wireline bridge plug assemblies for use in oil and gas fields,
compliant with Specification 11D1 of the American Petroleum Institute
(API), each composed of cylindrically shaped, sand cast, cast iron
components with a nitrile rubber sealing element and brass element
backup rings, measuring 3.7 cm or more but not over 52 cm in diameter
and 30 cm or more but not over 72 cm in length (described in
statistical reporting number 8479.89.9450)
(13) Vacuum cleaners, bagless, upright, capable of operating in wet
mode or dry mode, each with self-contained electric motor of a power
not exceeding 1,500 W and having a tank capacity not over 4 liters
(described in statistical reporting number 8508.11.0000)
(14) Vacuum cleaners, bagless, upright, each with self-contained
electric motor of a power not exceeding 1,500 W and having a dust
receptacle capacity not exceeding 1 liter (described in statistical
reporting number 8508.11.0000)
(15) Starter motors for internal combustion gasoline engines designed
for use in the lawn, automotive, watercraft, motorcycle, industrial and
garden industries (described in statistical reporting number
8511.40.0000)
(16) EGR coolant tube assemblies of stainless steel for diesel powered
vehicles of headings 8701 to 8705 (described in statistical reporting
number 8708.99.8180)
(17) Bicycles, not motorized, each having aluminum- or magnesium- alloy
wheels both measuring more than 69 cm but not more than 71 cm in
diameter, tires of cross-sectional diameter of 3.5 cm, aluminum frame,
a polyurethane/carbon fiber cord drive belt, 3-, 7- or 12-speed rear
hub and twist shifter (described in statistical reporting number
8712.00.2500)
(18) Single-speed bicycles meeting the criteria of HTS subheading
8712.00.44, each having steel frame, with aluminum stems, rims and
crankset and with rider contact area of plastics, each bicycle weighing
not over 11.5 kg (described in statistical reporting number
8712.00.4400)
(19) Carts (other than industrial hand trucks and portable luggage
carts) that convert into ladders, each
[[Page 65885]]
weighing not more than 15 kg, measuring not more than 105 cm by 56 cm
by 11 cm (described in statistical reporting number 8716.80.5090)
(20) Dump carts, each with a steel frame, a plastic bed and four
pneumatic tires on wheels, with a capacity not exceeding 550 kg
(described in statistical reporting number 8716.80.5090)
(21) Canoes (other than of wood or of metal) each valued over $800, not
of a type designed to be principally used with motors or sails
(described in statistical reporting number 8903.99.0500)
(22) Folding chairs with aluminum frames, each comprising a seat of
polyester ripstop fabric and polyester netting and an aluminum frame,
weighing not more than 600 g (described in statistical reporting number
9401.79.0015)
(23) Folding tables designed for camping, each composed of a polyester
ripstop fabric top designed to assemble onto an aluminum frame, the
foregoing when opened for use measures 53.34 cm x 41.91 cm x 36.83 and
weighs under 0.9 kg (described in statistical reporting number
9403.20.0050)
(24) Outdoor tables of steel and aluminum, each measuring no more than
93 cm by 93 cm by 63 cm, incorporating a built-in gas-burning fire pit
(described in statistical reporting number 9403.20.0050)
(25) Foldable cots with frames of steel and/or aluminum, each with
sleeping surface of polyester or nylon fabric, each cot measuring 185
cm or more but not over 230 cm in length, 70 cm or more but not over
105 cm in width and 7 cm or more but not over 58 cm in height
(described in statistical reporting number 9403.20.0090)
(26) Foldable tables with frames of steel and/or aluminum, each
measuring 25 cm or more but not over 156 cm in length, 30 cm or more
but not over 80 cm in width and 37 cm or more but not over 113 cm in
height, with a tabletop surface of aluminum (described in statistical
reporting number 9403.20.0090)
(27) Electric household floor-standing lamps, of base metal other than
brass, each measuring 1.22 m or more but not over 2.59 m in height,
with an E26 socket (described in statistical reporting number
9405.20.6010)
(28) Electric household floor-standing lamps, of base metal other than
brass, each measuring 77 cm or more but not over 232 cm in height with
light-emitting diode (LED) lamp as light source (described in
statistical reporting number 9405.20.6010)
(29) Electric household table or desk lamps, of base metal other than
brass, each measuring 25 cm or more but not over 92 cm in height with
an E26 socket (described in statistical reporting number 9405.20.6010)
(30) Electric household table or desk lamps, of base metal other than
brass, each measuring 38 cm or more but not over 87 cm in height, with
light-emitting diode (LED) lamp as light source and featuring an AC
outlet, a charging pad and USB port designed for the charging of
electronic devices (described in statistical reporting number
9405.20.6010)
(31) Electric household floor-standing lamps, of wood, each measuring
115 cm or more but not over 210 cm in height, with an E26 socket
(described in statistical reporting number 9405.20.8010)
(32) Electric household table or desk lamps, of wood, each measuring 25
cm or more but not over 80 cm in height, with an E26 socket (described
in statistical reporting number 9405.20.8010)''
3. by amending the last sentence of the first paragraph of U.S.
note 20(e) to subchapter III of chapter 99:
a. By deleting the word ``or'' where it appears after the phrase
``U.S. note 20(ll) to subchapter III of chapter 99;''; and
b. by inserting the phrase ``; or (5) heading 9903.88.35 and U.S.
note 20(nn) to subchapter III of chapter 99'' after the phrase ``U.S.
note 20(mm) to subchapter III of chapter 99''.
4. by amending U.S. note 20(f) to subchapter III of chapter 99:
a. By deleting the word ``or'' where it appears after the phrase
``U.S. note 20(ll) to subchapter III of chapter 99;''; and
b. by inserting the phrase ``; or (5) heading 9903.88.35 and U.S.
note 20(nn) to subchapter III of chapter 99'' after the phrase ``U.S.
note 20(mm) to subchapter III of chapter 99''.
5. by amending the Article Description of heading 9903.88.03:
a. By deleting ``9903.88.33 or'' and inserting ``9903.88.33,'' in
lieu thereof; and
b. by inserting ``or 9903.88.35,'' after ``9903.88.34,''.
B. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on September 24, 2018:
1. U.S. note 20(ll)(23) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States (HTSUS) is modified by
deleting ``Articulated chains of iron, not over 8 mm in thickness and
valued not over $2 per kg (described in statistical reporting number
7315.12.0080)'' and inserting ``Articulated chains of iron, not over 8
mm in thickness and valued not over $2 per m (described in statistical
reporting number 7315.12.0080)'' in lieu thereof.
2. U.S. note 20(g) to subchapter III of chapter 99 of the HTSUS is
amended by inserting the following phrase at the end of the first
sentence after the phrase ``the following products of China'':
``, except products of China granted an exclusion by the U.S. Trade
Representative and provided for in: (1) heading 9903.88.33 and U.S.
note 20(ll) to subchapter III of chapter 99; or (2) heading 9903.88.34
and U.S. note 20(mm) to subchapter III of chapter 99''.
3. U.S. note 20(ll) to subchapter III of chapter 99 of the HTSUS is
amended by inserting the following phrase at the end of the first
sentence after the phrase ``imposed by heading 9903.88.03'':
``, and by which particular products classified in heading
9903.88.04 and provided for in U.S. note 20(g) to this subchapter could
be excluded from the additional duties imposed by heading 9903.88.04''.
4. U.S. note 20(mm) to subchapter III of chapter 99 of the HTSUS is
amended by inserting the following phrase at the end of the first
sentence after the phrase ``imposed by heading 9903.88.03'':
``, and by which particular products classified in heading
9903.88.04 and provided for in U.S. note 20(g) to this subchapter could
be excluded from the additional duties imposed by heading 9903.88.04''.
5. The article description of heading 9903.88.04 of the HTSUS is
amended by deleting ``Articles'' and inserting in lieu thereof the
phrase ``Except as provided in headings 9903.88.33 or 9903.88.34,
articles''.
[FR Doc. 2019-25820 Filed 11-27-19; 8:45 am]
BILLING CODE 3290-F0-P
