Notice of Product Exclusion and Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 69016-69018 [2019-27070]
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69016
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
a. By deleting ‘‘9903.88.34 or’’ and
inserting ‘‘9903.88.34,’’ in lieu thereof;
and
b. by inserting ‘‘or 9903.88.36,’’ after
‘‘9903.88.35,’’.
6. By amending the Article
Description of heading 9903.88.04:
a. By deleting ‘‘9903.88.33 or’’ and
inserting ‘‘9903.88.33,’’ in lieu thereof;
and
b. By inserting ‘‘or 9903.88.36,’’ 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entered for consumption, or withdrawn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)(53) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS)
is modified by deleting ‘‘21’’ and
inserting ‘‘55’’ in lieu thereof.
2. The second sentence of U.S. note
20(ll) to subchapter III of chapter 99 is
amended by inserting ‘‘or in heading
9903.88.04’’ after ‘‘provided for in
heading 9903.88.03’’.
3. The second sentence of U.S. note
20(mm) to subchapter III of chapter 99
is amended by inserting ‘‘or in heading
9903.88.04’’ after ‘‘provided for in
heading 9903.88.03’’.
4. The second sentence of U.S. note
20(nn) to subchapter III of chapter 99 is
amended by inserting ‘‘or in heading
9903.88.04’’ after ‘‘provided for in
heading 9903.88.03’’.
[FR Doc. 2019–27075 Filed 12–16–19; 8:45 am]
BILLING CODE 3290–F0–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusion and
Amendments: 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 exclusion and
amendments.
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
determination included a decision to
establish a product exclusion process.
The U.S. Trade Representative initiated
the exclusion process in July 2018, and
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SUMMARY:
VerDate Sep<11>2014
18:15 Dec 16, 2019
Jkt 250001
stakeholders have submitted requests
for the exclusion of specific products. In
December 2018, and March, April, May,
June, July, September, and October
2019, the U.S. Trade Representative
granted exclusion requests. This notice
announces the U.S. Trade
Representative’s determination to grant
an additional exclusion request, as
specified in the Annex to this notice,
and makes amendments to certain notes
in the Harmonized Tariff Schedule of
the United States (HTSUS). The U.S.
Trade Representative will continue to
issue decisions as necessary.
DATES: The product exclusion will
apply as of the July 6, 2018 effective
date of the $34 billion action, and will
extend to October 1, 2020 at 11:59 p.m.
EDT. The amendments announced in
this notice are retroactive to the date the
original exclusions were published and
do not extend the period for the original
exclusions. 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 Counsel
Philip Butler 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 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), 84 FR 32821 (July
9, 2019), 84 FR 49564 (September 20,
2019), and 84 FR 52567 (October 2,
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 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 can request
exclusion of particular products
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
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
it 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 periodically
would 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 additional
exclusions in March, April, May, June,
July, September, and October 2019. See
84 FR 11152, 84 FR 16310, 84 FR 21389,
84 FR 25895, 84 FR 32821, 84 FR 49564
and 84 FR 52567.
B. Determination To Grant Certain
Exclusions
Based on the evaluation of the factors
set out in the July 11 notice, which are
E:\FR\FM\17DEN1.SGM
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
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
exclusion 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 request.
Exclusions from the duties have been
established in two different formats: (1)
As an exclusion for an existing 10-digit
subheading from within an 8-digit
subheading covered by the $34 billion
action, or (2) as an exclusion reflected
in specially prepared product
descriptions. The exclusion announced
in this notice takes the form of a 10-digit
HTSUS subheading.
In accordance with the July 11 notice,
the exclusion is available for any
product that meets the description in
the Annex, regardless of whether the
importer filed an exclusion request.
Further, the scope of the exclusion is
governed by the scope of the 10-digit
HTSUS subheading in the Annex to this
notice, and not by the product
descriptions set out in any particular
request for exclusion.
Paragraph A is a conforming
amendment to the HTSUS reflecting the
modification made by the Annex to this
notice.
C. Amendments to Certain Exclusions
To correct technical and ministerial
errors and in order to conform to the
U.S. Trade Representative’s intent to
grant certain exclusions requested, the
Annex to this notice includes
amendments to certain notes in the
HTSUS.
Subparagraphs B(1–5) correct errors
in U.S. notes 20(q)(25), 20(q)(26),
20(q)(201), 20(q)(235) and 20(q)(252) to
subchapter III of chapter 99 of the
HTSUS, as set out in the Annex of the
notice published at 84 FR 49564
(September 20, 2019).
In order to conform to the U.S. Trade
Representative’s intent to grant certain
exclusion requests, subparagraphs B(6–
7) of the Annex make amendments to
U.S. notes 20(n)(11) and 20(n)(85) to
subchapter III of chapter 99 of the
HTSUS, as set out in the Annex of the
notice published at 84 FR 32821 (July 9,
2019). Subparagraphs B(8–14) of the
Annex make amendments to notes
20(q)(27), 20(q)(28), 20(q)(58),
20(q)(195), 20(q)(217), 20(q)(291) and
20(q)(293) to subchapter III of chapter
99 of the HSTUS, as set out in the
Annex of the notice published at 84 FR
VerDate Sep<11>2014
18:15 Dec 16, 2019
Jkt 250001
49564 (September 20, 2019), to conform
to this intent.
The U.S. Trade Representative will
continue to issue determinations on a
periodic basis as needed.
Annex
A. Effective with respect to goods
entered for consumption, or withdrawn
from warehouse for consumption, on or
after 12:01 a.m. eastern daylight time on
July 6, 2018, and before October 2, 2020,
U.S. note 20(x) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS)
is modified by inserting the following
exclusion in numerical order after
exclusion (92): ‘‘(93) 9030.90.4600’’.
B. Effective with respect to goods
entered for consumption, or withdrawn
from warehouse for consumption, on or
after 12:01 a.m. eastern daylight time on
July 6, 2018:
1. U.S. note 20(q)(25) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘Rotary
compressors, each exceeding 746 W (1
horsepower) but not exceeding 2,984 W
(4 horsepower), with a cooling capacity
ranging from 2,300 W (7,960 BTU) to
5,500 W (18,766 BTU) (described in
statistical reporting number
8414.30.8060)’’ and inserting ‘‘Rotary
compressors, each exceeding 746 W but
not exceeding 2,238 W, with a cooling
capacity ranging from 2.3 kW to 5.5 kW
(described in statistical reporting
number 8414.30.8060)’’ in lieu thereof.
2. U.S. note 20(q)(26) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘Rotary
compressors, each exceeding 746 W (1
horsepower) but not exceeding 2,984 W
(4 horsepower), with a cooling capacity
ranging from 750 to 1400 W (described
in statistical reporting number
8414.30.8060)’’ and inserting ‘‘Rotary
compressors, each exceeding 746 W but
not exceeding 2,238 W, with a cooling
capacity of 750 W or more but not
exceeding 1.4 kW (described in
statistical reporting number
8414.30.8060)’’ in lieu thereof.
3. U.S. note 20(q)(201) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘electric
transformers, static converters and’’.
4. U.S. note 20(q)(235) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘Single-pole,
double-throw switches, for a voltage not
exceeding 100 V, each with a movable
contact arm permitting the opening and
closing of contact points (described in
statistical reporting number
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
69017
8536.50.9065)’’ and inserting ‘‘Singlepole, double-throw switches, each with
a movable contact arm permitting the
opening and closing of contact points, of
a rating not over 1,000 V (described in
statistical reporting number
8536.50.9065)’’ in lieu thereof.
5. U.S. note 20(q)(252) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘of less than 1 W
and an operating frequency of less than
100 MHz (described in statistical
reporting number 8541.29.0095)’’ and
inserting ‘‘of 1W or more (described in
statistical reporting number
8541.29.0095)’’ in lieu thereof.
6. U.S. note 20(n)(11) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘$72’’ and
inserting ‘‘$96’’ in lieu thereof.
7. U.S. note 20(n)(85) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘$2.50’’ and
inserting ‘‘$3.20’’ in lieu thereof.
8. U.S. note 20(q)(27) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘$250 but not over
$500’’ and inserting ‘‘$200 but not over
$1500’’ in lieu thereof.
9. U.S. note 20(q)(28) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘$500 but not over
$900’’ and inserting ‘‘$200 but not over
$1500’’ in lieu thereof.
10. U.S. note 20(q)(58) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘polymer filtration
systems of a kind used to separate solid
contaminants from liquid polymers,
each valued over $30,000 but not over
$40,000’’ and inserting ‘‘filtration or
purifying machinery for liquid chemical
polymers, of steel housing, with
sintered metal cylindrical filters’’ in lieu
thereof.
11. U.S. note 20(q)(195) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘stators and rotors,
2 or 4 pole type, valued over $4,700 but
not over $4,900’’ and inserting ‘‘stators
and rotors for electric motors and
generators (excluding generating sets), 2
or 4 pole type, valued $85 or more but
not over $1,700’’ in lieu thereof.
12. U.S. note 20(q)(217) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘not over $1.50’’
and inserting ‘‘at not over $4’’ in lieu
thereof.
13. U.S. note 20(q)(291) to subchapter
III of chapter 99 of the Harmonized
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69018
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
Tariff Schedule of the United States is
modified by deleting ‘‘for radiation
therapy, affixed to the treatment table
when used, each valued over $18 but
not over $23’’ and inserting ‘‘of
polycaprolactone for the use of
immobilizing patients, during the use of
alpha, beta or gamma radiations, for
radiography or radiotherapy’’ in lieu
thereof.
14. U.S. note 20(q)(293) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘$2’’ and inserting
‘‘$8.50’’ in lieu thereof.
Joseph Barloon,
General Counsel, Office of the U.S. Trade
Representative.
[FR Doc. 2019–27070 Filed 12–16–19; 8:45 am]
BILLING CODE 3290–F0–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0093]
jbell on DSKJLSW7X2PROD with NOTICES
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of title 49 of the Code
of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this document provides
the public notice that by a document
dated October 28, 2019, the National
Railroad Passenger Corporation
(Amtrak), petitioned the Federal
Railroad Administration (FRA) seeking
approval to discontinue or modify a
signal system. FRA assigned the petition
Docket Number FRA–2019–0093.
Applicant: National Railroad
Passenger Corporation, Mr. Nicholas J.
Croce III, PE, Deputy Chief Engineer,
C&S, 2995 Market Street, Philadelphia,
PA 19104.
Specifically, Amtrak requests
permission to replace a Model 14
Interlocking machine with a non-vital
microprocessor with all signals
displaying ‘‘restricting’’ as their most
permissive aspect.
Amtrak will designate the territory
currently known as Q Interlocking on
the New York Division, Sunnyside
Yard, Queens, New York, NY, as a nonvital switching center. The interlocking
machine for Q Interlocking will be
retired and replaced with a non-vital
microprocessor-based control system.
All territory impacted by the
modification is within yard limits and is
not designated as mainline track.
Amtrak’s reason for the modification
is to eliminate legacy equipment that is
beyond its useful life and has no
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18:15 Dec 16, 2019
Jkt 250001
support for major repairs or
modifications.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
https://www.regulations.gov and in
person at the U.S. Department of
Transportation’s (DOT) Docket
Operations Facility, 1200 New Jersey
Ave. SE, W12–140, Washington, DC
20590. The Docket Operations Facility
is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by January
31, 2020 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy. See also https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov.
PO 00000
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Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2019–27073 Filed 12–16–19; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0100]
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of title 49 of the Code
of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this document provides
the public notice that by a document
dated November 20, 2019, CSX
Transportation (CSXT) petitioned the
Federal Railroad Administration (FRA)
seeking approval to discontinue or
modify a signal system. FRA assigned
the petition Docket Number FRA–2019–
0100.
Applicant: CSX Transportation, Mr.
Carl A. Walker, Chief Engineer
Communications & Signals, 500 Water
Street, Speed Code J–350, Jacksonville,
FL 32202.
Specifically, CSXT requests approval
to modify the Edgeton automatic
railroad crossing-at-grade, at milepost
S–154.73, Aberdeen Subdivision,
Raleigh, NC. The modification will
consist of the removal of existing relay
logic interlocking and the installation of
microprocessor-based equipment to
control the interlocking with the
removal of the numbers 1 and 3 poweroperated split point derails.
CSXT explains the installation of
microprocessor interlocking control and
upgrades to track circuits and wayside
devices and the retirement of split point
derails will allow for safer operational
movements through the interlocking.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
E:\FR\FM\17DEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 69016-69018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27070]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusion and Amendments: 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 exclusion and amendments.
-----------------------------------------------------------------------
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 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, and
March, April, May, June, July, September, and October 2019, the U.S.
Trade Representative granted exclusion requests. This notice announces
the U.S. Trade Representative's determination to grant an additional
exclusion request, as specified in the Annex to this notice, and makes
amendments to certain notes in the Harmonized Tariff Schedule of the
United States (HTSUS). The U.S. Trade Representative will continue to
issue decisions as necessary.
DATES: The product exclusion will apply as of the July 6, 2018
effective date of the $34 billion action, and will extend to October 1,
2020 at 11:59 p.m. EDT. The amendments announced in this notice are
retroactive to the date the original exclusions were published and do
not extend the period for the original exclusions. 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 Counsel Philip Butler 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), 84 FR 32821
(July 9, 2019), 84 FR 49564 (September 20, 2019), and 84 FR 52567
(October 2, 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 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 can 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 it 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 periodically would 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 additional exclusions in March, April, May,
June, July, September, and October 2019. See 84 FR 11152, 84 FR 16310,
84 FR 21389, 84 FR 25895, 84 FR 32821, 84 FR 49564 and 84 FR 52567.
B. Determination To Grant Certain Exclusions
Based on the evaluation of the factors set out in the July 11
notice, which are
[[Page 69017]]
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 exclusion 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 request.
Exclusions from the duties have been established in two different
formats: (1) As an exclusion for an existing 10-digit subheading from
within an 8-digit subheading covered by the $34 billion action, or (2)
as an exclusion reflected in specially prepared product descriptions.
The exclusion announced in this notice takes the form of a 10-digit
HTSUS subheading.
In accordance with the July 11 notice, the exclusion is available
for any product that meets the description in the Annex, regardless of
whether the importer filed an exclusion request. Further, the scope of
the exclusion is governed by the scope of the 10-digit HTSUS subheading
in the Annex to this notice, and not by the product descriptions set
out in any particular request for exclusion.
Paragraph A is a conforming amendment to the HTSUS reflecting the
modification made by the Annex to this notice.
C. Amendments to Certain Exclusions
To correct technical and ministerial errors and in order to conform
to the U.S. Trade Representative's intent to grant certain exclusions
requested, the Annex to this notice includes amendments to certain
notes in the HTSUS.
Subparagraphs B(1-5) correct errors in U.S. notes 20(q)(25),
20(q)(26), 20(q)(201), 20(q)(235) and 20(q)(252) to subchapter III of
chapter 99 of the HTSUS, as set out in the Annex of the notice
published at 84 FR 49564 (September 20, 2019).
In order to conform to the U.S. Trade Representative's intent to
grant certain exclusion requests, subparagraphs B(6-7) of the Annex
make amendments to U.S. notes 20(n)(11) and 20(n)(85) to subchapter III
of chapter 99 of the HTSUS, as set out in the Annex of the notice
published at 84 FR 32821 (July 9, 2019). Subparagraphs B(8-14) of the
Annex make amendments to notes 20(q)(27), 20(q)(28), 20(q)(58),
20(q)(195), 20(q)(217), 20(q)(291) and 20(q)(293) to subchapter III of
chapter 99 of the HSTUS, as set out in the Annex of the notice
published at 84 FR 49564 (September 20, 2019), to conform to this
intent.
The U.S. Trade Representative will continue to issue determinations
on a periodic basis as needed.
Annex
A. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on July 6, 2018, and before October 2, 2020, U.S.
note 20(x) to subchapter III of chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS) is modified by inserting the
following exclusion in numerical order after exclusion (92): ``(93)
9030.90.4600''.
B. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on July 6, 2018:
1. U.S. note 20(q)(25) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``Rotary compressors, each exceeding 746 W (1 horsepower) but not
exceeding 2,984 W (4 horsepower), with a cooling capacity ranging from
2,300 W (7,960 BTU) to 5,500 W (18,766 BTU) (described in statistical
reporting number 8414.30.8060)'' and inserting ``Rotary compressors,
each exceeding 746 W but not exceeding 2,238 W, with a cooling capacity
ranging from 2.3 kW to 5.5 kW (described in statistical reporting
number 8414.30.8060)'' in lieu thereof.
2. U.S. note 20(q)(26) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``Rotary compressors, each exceeding 746 W (1 horsepower) but not
exceeding 2,984 W (4 horsepower), with a cooling capacity ranging from
750 to 1400 W (described in statistical reporting number
8414.30.8060)'' and inserting ``Rotary compressors, each exceeding 746
W but not exceeding 2,238 W, with a cooling capacity of 750 W or more
but not exceeding 1.4 kW (described in statistical reporting number
8414.30.8060)'' in lieu thereof.
3. U.S. note 20(q)(201) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``electric transformers, static converters and''.
4. U.S. note 20(q)(235) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``Single-pole, double-throw switches, for a voltage not exceeding 100
V, each with a movable contact arm permitting the opening and closing
of contact points (described in statistical reporting number
8536.50.9065)'' and inserting ``Single-pole, double-throw switches,
each with a movable contact arm permitting the opening and closing of
contact points, of a rating not over 1,000 V (described in statistical
reporting number 8536.50.9065)'' in lieu thereof.
5. U.S. note 20(q)(252) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``of less than 1 W and an operating frequency of less than 100 MHz
(described in statistical reporting number 8541.29.0095)'' and
inserting ``of 1W or more (described in statistical reporting number
8541.29.0095)'' in lieu thereof.
6. U.S. note 20(n)(11) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``$72'' and inserting ``$96'' in lieu thereof.
7. U.S. note 20(n)(85) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``$2.50'' and inserting ``$3.20'' in lieu thereof.
8. U.S. note 20(q)(27) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``$250 but not over $500'' and inserting ``$200 but not over $1500'' in
lieu thereof.
9. U.S. note 20(q)(28) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``$500 but not over $900'' and inserting ``$200 but not over $1500'' in
lieu thereof.
10. U.S. note 20(q)(58) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``polymer filtration systems of a kind used to separate solid
contaminants from liquid polymers, each valued over $30,000 but not
over $40,000'' and inserting ``filtration or purifying machinery for
liquid chemical polymers, of steel housing, with sintered metal
cylindrical filters'' in lieu thereof.
11. U.S. note 20(q)(195) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``stators and rotors, 2 or 4 pole type, valued over $4,700 but not over
$4,900'' and inserting ``stators and rotors for electric motors and
generators (excluding generating sets), 2 or 4 pole type, valued $85 or
more but not over $1,700'' in lieu thereof.
12. U.S. note 20(q)(217) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``not over $1.50'' and inserting ``at not over $4'' in lieu thereof.
13. U.S. note 20(q)(291) to subchapter III of chapter 99 of the
Harmonized
[[Page 69018]]
Tariff Schedule of the United States is modified by deleting ``for
radiation therapy, affixed to the treatment table when used, each
valued over $18 but not over $23'' and inserting ``of polycaprolactone
for the use of immobilizing patients, during the use of alpha, beta or
gamma radiations, for radiography or radiotherapy'' in lieu thereof.
14. U.S. note 20(q)(293) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``$2'' and inserting ``$8.50'' in lieu thereof.
Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
[FR Doc. 2019-27070 Filed 12-16-19; 8:45 am]
BILLING CODE 3290-F0-P
