Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 69012-69016 [2019-27075]
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
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notice setting out the process for the
product exclusions, and opened a
public docket. See 83 FR 47236 (the
September 18 notice).
Under the September 18 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 $16 billion action.
Requestors also had to provide the 10digit 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 September 18 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 September 18 notice required
submission of requests for exclusion
from the $16 billion action no later than
December 18, 2018, and noted that the
U.S. Trade Representative periodically
would announce decisions. In July
2019, the U.S. Trade Representative
granted an initial set of exclusion
requests. See 84 FR 37381. The U.S.
Trade Representative granted additional
exclusions in September and October
2019. See 84 FR 49600 and 84 FR 52553.
B. 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, the Annex to
this notice includes amendments to
certain notes in the HTSUS.
In order to clarify a periodic revision
to the HTSUS, subparagraph A(1) of the
Annex modifies the text to U.S. note
20(v)(86) to subchapter III of chapter 99
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of the HTSUS, as set out in the Annex
of the notice published at 84 FR 49600
(September 20, 2019).
Subparagraphs A(2–7) of the Annex
correct errors in U.S. notes 20(v)(21),
20(v)(22), 20(v)(36), 20(v)(71), 20(v)(72),
and 20(v)(87) to subchapter III of
chapter 99 of the HTSUS, as set out in
the Annex of the notice published at 84
FR 49600 (September 20, 2019).
In order to conform to the U.S. Trade
Representative’s intent to grant certain
exclusion requests, Subparagraphs A(8–
9) of the Annex make amendments to
U.S. notes 20(v)(20) and 20(v)(37) to
subchapter III of chapter 99 of the
HTSUS, as set out in the annex of the
notice published at 84 FR 49600
(September 20, 2019).
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
August 23, 2018:
1. U.S. note 20(v)(21) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘2.44 mm’’ and
inserting ‘‘2.44 m’’ in lieu thereof.
2. U.S. note 20(v)(22) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘47.5 cm in width,
61.0 cm in length and 24 mm in
thickness’’ and inserting ‘‘45.72 cm in
width, 60.96 cm in length and 0.6096
mm in thickness’’ in lieu thereof.
3. U.S. note 20(v)(36) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘1.12 cm or more
but not exceeding 1.52 cm in width and
1.93 cm or more but not exceeding 2.29
cm in length’’ and inserting ‘‘1.12 m or
more but not over 1.52 m in width and
1.93 m or more but not over 2.29 m in
length’’ in lieu thereof.
4. U.S. note 20(v)(71) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘’25 W but not
exceeding 2.0 kW’’ and inserting
‘‘exceeding 750 W but not over 1.8 kW’’
in lieu thereof.
5. U.S. note 20(v)(72) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is deleted.
6. U.S. note 20(v)(20) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘1.5 m or more in
width, printed in various colors, valued
at $1.60 to $1.90 per kg’’ and inserting
‘‘0.6 m or more in width, whether or not
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printed in various colors, valued at
$0.88 or more but not over $2.42 per kg’’
in lieu thereof.
7. U.S. note 20(v)(37) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘plastic sheeting
made of plain-woven, high-density
polyethylene fabric coated on both sides
with low-density polyethylene, in rolls
measuring 5 m in width’’ and inserting
‘‘plastic sheeting, core/scrim woven
layer of high-density polyethylene
(HDPE) textile strip, coated on both
sides with low density polyethylene
(LDPE), with a layer of visible black file
of linear LDPE, polyvinyl chloride free,
weighing not over 1.492 kg/m2, in rolls
each not over 5 m in width’’ in lieu
thereof.
8. U.S. note 20(v)(86) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘(described in
statistical reporting numbers
8711.60.0050 or 8711.60.0090)’’ and
inserting ‘‘(described in statistical
reporting numbers 8711.60.0050 or
8711.60.0090, effective July 1, 2019;
described in statistical reporting number
8711.60.0000, effective prior to July 1,
2019)’’ in lieu thereof.
9. U.S. note 20(v)(87) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘not exceeding
250 W’’ (described in statistical
reporting numbers 8711.60.0050)’’ and
inserting ‘‘of 1.0 kW or more but not
over 2.1 kW (described in statistical
reporting number 8711.60.0090,
effective July 1, 2019; described in
statistical reporting number
8711.60.0000, prior to July 1, 2019)’’.
Joseph Barloon,
General Counsel, Office of the U.S. Trade
Representative.
[FR Doc. 2019–27072 Filed 12–16–19; 8:45 am]
BILLING CODE P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusions: China’s
Acts, Policies, and Practices Related to
Technology Transfer, Intellectual
Property, and Innovation
Office of the United States
Trade Representative.
ACTION: Notice of product exclusions.
AGENCY:
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
SUMMARY:
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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
products. This notice announces the
U.S. Trade Representative’s
determination to grant certain exclusion
requests, as specified in the Annex to
this notice, and corrects a ministerial
error in a previously announced
exclusion.
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. The amendment announced in
this notice is retroactive to the date the
original exclusion was published.
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),
84 FR 61674 (November 13, 2019), and
84 FR 65882 (November 29, 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 Trade
Representative established a process by
which U.S. stakeholders may request
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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
the product 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 would
periodically 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, 84 FR 61674, and
84 FR 65882. 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.
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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 9 ten-digit
HTSUS subheadings and 35 specially
prepared product descriptions, which
cover 75 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.
To correct a ministerial error and in
order to conform to the U.S. Trade
Representative’s intent to grant an
exclusion requested, the Annex to this
notice also includes an amendment to a
note in the HTSUS.
Paragraph A, subparagraphs (3)–(6)
are conforming amendments to the
HTSUS reflecting the modifications
made by the Annex.
Paragraph B, subparagraph (1) is a
ministerial correction of U.S. note
20(ll)(53) to subchapter III of chapter 99
of the HTSUS that modifies the product
description value published in the
annex to the notice published at 84 FR
57803 (October 28, 2019). Paragraph B,
subparagraphs (2)–(4), make conforming
amendments to note 20(ll) published at
84 FR 57803 (October 28, 2019), note
20(mm) published at 84 FR 61674
(November 13, 2019), and note 20(nn)
published at 84 FR 65882 (November
29, 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.
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
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 9903.88.36 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:
Rates of duty
Heading/
subheading
Article description
1
2
General
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‘‘9903.88.36 ........
Articles the product of China, as provided for in U.S.
note 20(oo) 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(oo) to subchapter III of chapter
99 in numerical sequence:
‘‘(oo) 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 or in heading
9903.88.04 shall not apply to the
following particular products, which are
provided for in the enumerated
statistical reporting numbers:
(1) 0304.72.5000
(2) 0304.83.1015
(3) 0304.83.1020
(4) 0304.83.5090
(5) 8507.20.4000
(6) 8708.50.8500
(7) 8708.94.7510
(8) 8708.99.8105
(9) 8712.00.1520
(10) Bananas, freeze-dried and sliced,
put up for retail sale in packages
each having a net weight of 15 g
(described in statistical reporting
number 0803.90.0045)
(11) Apples, freeze-dried and sliced, put
up for retail sale in packages each
having a net weight of 15 g
(described in statistical reporting
number 0813.30.0000)
(12) Peaches, freeze-dried and sliced,
put up for retail sale in packages
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The duty provided in
the applicable subheading’’.
each having a net weight of 15 g
(described in statistical reporting
number 0813.40.4000)
(13) Pears, freeze-dried and sliced, put
up for retail sale in packages each
having a net weight of 15 g
(described in statistical reporting
number 0813.40.9000)
(14) Mixtures of strawberries and
bananas, freeze-dried and sliced,
put up for retail sale in packages
each having a net weight of 15 g
(described in statistical reporting
number 0813.50.0020)
(15) Mixed seasoning of Himalayan salt,
tomato flake, lemon peel, basil,
black pepper and sage, put up for
retail sale in packages each
weighing 200 g (described in
statistical reporting number
2103.90.8000)
(16) Molded blocks of wood pulp
cellulose sponge, each measuring
not over 105 cm by 105 cm by 40
cm (described in statistical
reporting number 4823.70.0040)
(17) Satin woven fabrics of artificial
filament yarn, consisting of 63
percent rayon and 37 percent
combed cotton, dyed, weighing not
over 211 g/m2 (described in
statistical reporting number
5408.32.9050)
(18) Nonwoven rug pads, each
comprising a 100 percent polyester
fiber fabric, face laminated to a
thermoplastic elastomer and
weighing over 150 g/m2 (described
in statistical reporting number
5603.94.1090)
(19) Ropes of man-made fibers, each
measuring 1.7 m or more but not
over 6.1 m in length with breaking
strength of 22 kg or more but not
over 230 kg, with hooks of base
metal and locking mechanisms to
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maintain tension on the rope
(described in statistical reporting
number 5609.00.3000)
(20) Gates for confining children or pets,
of steel not coated or plated with
precious metals (described in
statistical reporting number
7323.99.9040)
(21) Steel electrical boxes, designed for
lighting fixtures, switches,
receptacles or outlet devices, such
boxes weighing 0.4 kg or more but
not over 3.5 kg, 10.2 cm in length
or more, 5 cm or more but not over
10.2 cm in width and 12 cm in
height, the foregoing UL listed
(described in statistical reporting
number 7326.90.8688)
(22) Telescoping multi-position ladders
of aluminum, each with maximum
reach height of 4.2 m or more but
not over 7.9 m, with locks to adjust
the telescoping positions and with
load rating of 136 kg or more but
not over 170 kg (described in
statistical reporting number
7616.99.5130)
(23) Towers of aluminum, unassembled,
each designed to be mounted on a
boat, incorporating at least one
point to which a tow rope may be
fastened for towing individuals
participating in water sports such as
wakeboarding, the assembled tower
measuring not over 1.9 m in height
and no more than 2.5 m in width
(described in statistical reporting
number 8302.49.6055)
(24) Towers of aluminum, unassembled,
each designed to be mounted on the
body of a boat, incorporating a tow
point for towing individuals
participating in water sports such as
wakeboarding, the assembled tower
measuring not over 1.6 m in height
and not over 2.5 m in width
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(described in statistical reporting
number 8302.49.6055)
(25) Digital electronic scales, not for
personal use, not for continuous
weighing, other than constantweight scales, each measuring no
more than 195 mm by 165 mm by
60 mm, having a maximum weight
capacity of 5 kg, and having the
ability to reset tare (zero point reset)
multiple times while adding to the
article being weighed (described in
statistical reporting number
8423.81.0040)
(26) Electronic calculators for desktop
use, solar-powered with battery
backup (other than with
engineering, trigonometric,
scientific or construction
functions), each measuring 11 cm or
more but not over 25 cm in length,
7 cm or more but not over 19.5 cm
in width, and 1 cm or more but not
over 5 cm in height and weighing
0.058 kg or more but not over 0.34
kg (described in statistical reporting
number 8470.10.0040)
(27) Electronic calculators, handheld,
solar-powered or battery powered
(other than with engineering,
trigonometric or scientific
functions), each measuring 10 cm or
more but not over 16 cm in length,
5 cm or more but not over 9 cm in
width, and 0.5 cm or more but not
over 2 cm in height and weighing
0.02 kg or more but not over 1 kg
(described in statistical reporting
number 8470.10.0040)
(28) Electronic calculators, handheld,
solar-powered or battery powered,
with scientific, trigonometric or
other advanced mathematical
functions, each measuring 11 cm or
more but not over 18 cm in length,
6.5 cm or more but not over 9 cm
in width and 1 cm or more but not
over 3 cm in height and weighing
0.04 kg or more but not over 0.25
kg (described in statistical reporting
number 8470.10.0040)
(29) Electronic calculating machines,
each incorporating a 2 color ink
roller printing device, that operates
with an external source of power,
with a vacuum fluorescent display
(VFD), measuring 24 cm or more
but not over 27 cm in length, 18 cm
or more but not over 21 cm in width
and 5 cm or more but not over 7 cm
in height and weighing 0.5 kg or
more but not over 1.5 kg each
(described in statistical reporting
number 8470.21.0000)
(30) Electronic calculating machines,
each incorporating a parallel ribbon
ink printing device, that operates
with an external source of power,
with a vacuum fluorescent display
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(VFD), measuring 31.75 cm or more
but not over 34.3 cm in length, 21.5
cm or more but not over 25.4 cm in
width and 7.5 cm or more but not
over 9 cm in height and weighing
1.6 kg or more but not over 2 kg
each (described in statistical
reporting number 8470.21.0000)
(31) Electronic calculating machines,
each incorporating a ribbon ink
printing device, that operates with
an external source of power, with a
vacuum fluorescent display (VFD),
measuring 32 cm or more but not
over 35 cm in length, 22 cm or more
but not over 26 cm in width and 8
cm or more but not over 9 cm in
height and weighing 1.75 kg or
more but not over 2 kg each
(described in statistical reporting
number 8470.21.0000)
(32) Electronic calculating machines,
each incorporating an ink roller
printing device, capable of
operating with an external source of
power or battery power, with liquid
crystal display (LCD), measuring 19
cm or more but not over 26.5 cm in
length, 8 cm or more but not over
20 cm in width and 4 cm or more
but not over 7 cm in height and
weighing 0.3 kg or more but not
over 0.7 kg each (described in
statistical reporting number
8470.21.0000)
(33) Other static converters, rectifiers
and rectifying apparatus, with ABS
plastic damage resistant box, input
and output voltage cables, weighing
not more than 0.35 kg, measuring
not more than 17 cm in length and
12 cm in width (described in
statistical reporting number
8504.40.9550)
(34) Light-emitting diode (LED)
headlights, light bars and cube
lights, of a kind designed to be
mounted on off-road, all-terrain
vehicles (described in statistical
reporting number 8512.20.2040)
(35) Brake drums of grey cast iron for
the motor vehicles of headings 8701
to 8705 (other than tractors for
agricultural purposes), with an
inside diameter of 38 cm or more
but not over 42 cm (described in
statistical reporting number
8708.30.5020)
(36) Brake discs of grey cast iron for the
motor vehicles of headings 8701 to
8705 (other than tractors for
agricultural purposes), with an
outside diameter of 32 cm or more
but not over 44 cm (described in
statistical reporting number
8708.30.5030)
(37) Wheel hubs of cast iron, for off-road
vehicles of headings 8701 to 8705,
each weighing 2 kg or more but not
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69015
exceeding 4 kg (described in
statistical reporting number
8708.99.5300)
(38) Upholstered dining chairs, with a
wooden frame, other than of teak
(described in statistical reporting
number 9401.61.4011)
(39) Chairs with three legs, with frames
of steel held together by elastic cord
and textile seating material, for
outdoor non-household use
(described in statistical reporting
number 9401.79.0015)
(40) Chairs, each with four legs, a frame
of aluminum held together by
elastic cord and textile seating
material, for outdoor nonhousehold use (described in
statistical reporting number
9401.79.0015)
(41) Entry tables of wood other than
bent-wood, each measuring 180 cm
or more but not over 185 cm in
length, 80 cm or more but not over
83 cm in height and over 40 but not
over 45 cm in width, with tin top
(described in statistical reporting
number 9403.60.8081)
(42) 8-light circular electric household
chandeliers, of base metal other
than brass (described in statistical
reporting number 9405.10.6010)
(43) Electric household table lamps,
with bases of wood, presented with
shades, not more than 64 cm in
height, each weighing not more
than 3 kg (described in statistical
reporting number 9405.20.8010)
(44) Non-electrical wall candelabras, of
wood, each with 3 wrought iron
candle holders (described in
statistical reporting number
9405.50.4000)’’
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(mm) to subchapter III of chapter
99;’’; and
b. by inserting the phrase ‘‘; or (6)
heading 9903.88.36 and U.S. note 20(oo)
to subchapter III of chapter 99’’ after the
phrase ‘‘U.S. note 20(nn) 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(mm) to subchapter III of chapter
99;’’; and
b. by inserting the phrase ‘‘; or (6)
heading 9903.88.36 and U.S. note 20(oo)
to subchapter III of chapter 99’’ after the
phrase ‘‘U.S. note 20(nn) to subchapter
III of chapter 99’’.
5. by amending the Article
Description of heading 9903.88.03:
E:\FR\FM\17DEN1.SGM
17DEN1
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
jbell on DSKJLSW7X2PROD with NOTICES
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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]]>Agencies
[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 69012-69016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27075]
-----------------------------------------------------------------------
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
[[Page 69013]]
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 products. This notice announces the U.S. Trade
Representative's determination to grant certain exclusion requests, as
specified in the Annex to this notice, and corrects a ministerial error
in a previously announced exclusion.
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. The amendment announced in this notice is retroactive
to the date the original exclusion was published.
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), 84 FR 61674 (November 13, 2019), and 84 FR
65882 (November 29, 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 Trade Representative established a
process by which U.S. stakeholders may 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 the product 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 would periodically 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, 84 FR 61674, and 84 FR
65882. 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 9 ten-
digit HTSUS subheadings and 35 specially prepared product descriptions,
which cover 75 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.
To correct a ministerial error and in order to conform to the U.S.
Trade Representative's intent to grant an exclusion requested, the
Annex to this notice also includes an amendment to a note in the HTSUS.
Paragraph A, subparagraphs (3)-(6) are conforming amendments to the
HTSUS reflecting the modifications made by the Annex.
Paragraph B, subparagraph (1) is a ministerial correction of U.S.
note 20(ll)(53) to subchapter III of chapter 99 of the HTSUS that
modifies the product description value published in the annex to the
notice published at 84 FR 57803 (October 28, 2019). Paragraph B,
subparagraphs (2)-(4), make conforming amendments to note 20(ll)
published at 84 FR 57803 (October 28, 2019), note 20(mm) published at
84 FR 61674 (November 13, 2019), and note 20(nn) published at 84 FR
65882 (November 29, 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.
[[Page 69014]]
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 9903.88.36 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:
----------------------------------------------------------------------------------------------------------------
Rates of duty
-------------------------------------------------------------
Heading/ subheading Article description 1
------------------------------------------ 2
General Special
----------------------------------------------------------------------------------------------------------------
``9903.88.36............ Articles the product of The duty provided
China, as provided for in the applicable
in U.S. note 20(oo) 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(oo) to subchapter
III of chapter 99 in numerical sequence:
``(oo) 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 or in heading 9903.88.04 shall not apply to the following
particular products, which are provided for in the enumerated
statistical reporting numbers:
(1) 0304.72.5000
(2) 0304.83.1015
(3) 0304.83.1020
(4) 0304.83.5090
(5) 8507.20.4000
(6) 8708.50.8500
(7) 8708.94.7510
(8) 8708.99.8105
(9) 8712.00.1520
(10) Bananas, freeze-dried and sliced, put up for retail sale in
packages each having a net weight of 15 g (described in statistical
reporting number 0803.90.0045)
(11) Apples, freeze-dried and sliced, put up for retail sale in
packages each having a net weight of 15 g (described in statistical
reporting number 0813.30.0000)
(12) Peaches, freeze-dried and sliced, put up for retail sale in
packages each having a net weight of 15 g (described in statistical
reporting number 0813.40.4000)
(13) Pears, freeze-dried and sliced, put up for retail sale in packages
each having a net weight of 15 g (described in statistical reporting
number 0813.40.9000)
(14) Mixtures of strawberries and bananas, freeze-dried and sliced, put
up for retail sale in packages each having a net weight of 15 g
(described in statistical reporting number 0813.50.0020)
(15) Mixed seasoning of Himalayan salt, tomato flake, lemon peel,
basil, black pepper and sage, put up for retail sale in packages each
weighing 200 g (described in statistical reporting number 2103.90.8000)
(16) Molded blocks of wood pulp cellulose sponge, each measuring not
over 105 cm by 105 cm by 40 cm (described in statistical reporting
number 4823.70.0040)
(17) Satin woven fabrics of artificial filament yarn, consisting of 63
percent rayon and 37 percent combed cotton, dyed, weighing not over 211
g/m\2\ (described in statistical reporting number 5408.32.9050)
(18) Nonwoven rug pads, each comprising a 100 percent polyester fiber
fabric, face laminated to a thermoplastic elastomer and weighing over
150 g/m\2\ (described in statistical reporting number 5603.94.1090)
(19) Ropes of man-made fibers, each measuring 1.7 m or more but not
over 6.1 m in length with breaking strength of 22 kg or more but not
over 230 kg, with hooks of base metal and locking mechanisms to
maintain tension on the rope (described in statistical reporting number
5609.00.3000)
(20) Gates for confining children or pets, of steel not coated or
plated with precious metals (described in statistical reporting number
7323.99.9040)
(21) Steel electrical boxes, designed for lighting fixtures, switches,
receptacles or outlet devices, such boxes weighing 0.4 kg or more but
not over 3.5 kg, 10.2 cm in length or more, 5 cm or more but not over
10.2 cm in width and 12 cm in height, the foregoing UL listed
(described in statistical reporting number 7326.90.8688)
(22) Telescoping multi-position ladders of aluminum, each with maximum
reach height of 4.2 m or more but not over 7.9 m, with locks to adjust
the telescoping positions and with load rating of 136 kg or more but
not over 170 kg (described in statistical reporting number
7616.99.5130)
(23) Towers of aluminum, unassembled, each designed to be mounted on a
boat, incorporating at least one point to which a tow rope may be
fastened for towing individuals participating in water sports such as
wakeboarding, the assembled tower measuring not over 1.9 m in height
and no more than 2.5 m in width (described in statistical reporting
number 8302.49.6055)
(24) Towers of aluminum, unassembled, each designed to be mounted on
the body of a boat, incorporating a tow point for towing individuals
participating in water sports such as wakeboarding, the assembled tower
measuring not over 1.6 m in height and not over 2.5 m in width
[[Page 69015]]
(described in statistical reporting number 8302.49.6055)
(25) Digital electronic scales, not for personal use, not for
continuous weighing, other than constant-weight scales, each measuring
no more than 195 mm by 165 mm by 60 mm, having a maximum weight
capacity of 5 kg, and having the ability to reset tare (zero point
reset) multiple times while adding to the article being weighed
(described in statistical reporting number 8423.81.0040)
(26) Electronic calculators for desktop use, solar-powered with battery
backup (other than with engineering, trigonometric, scientific or
construction functions), each measuring 11 cm or more but not over 25
cm in length, 7 cm or more but not over 19.5 cm in width, and 1 cm or
more but not over 5 cm in height and weighing 0.058 kg or more but not
over 0.34 kg (described in statistical reporting number 8470.10.0040)
(27) Electronic calculators, handheld, solar-powered or battery powered
(other than with engineering, trigonometric or scientific functions),
each measuring 10 cm or more but not over 16 cm in length, 5 cm or more
but not over 9 cm in width, and 0.5 cm or more but not over 2 cm in
height and weighing 0.02 kg or more but not over 1 kg (described in
statistical reporting number 8470.10.0040)
(28) Electronic calculators, handheld, solar-powered or battery
powered, with scientific, trigonometric or other advanced mathematical
functions, each measuring 11 cm or more but not over 18 cm in length,
6.5 cm or more but not over 9 cm in width and 1 cm or more but not over
3 cm in height and weighing 0.04 kg or more but not over 0.25 kg
(described in statistical reporting number 8470.10.0040)
(29) Electronic calculating machines, each incorporating a 2 color ink
roller printing device, that operates with an external source of power,
with a vacuum fluorescent display (VFD), measuring 24 cm or more but
not over 27 cm in length, 18 cm or more but not over 21 cm in width and
5 cm or more but not over 7 cm in height and weighing 0.5 kg or more
but not over 1.5 kg each (described in statistical reporting number
8470.21.0000)
(30) Electronic calculating machines, each incorporating a parallel
ribbon ink printing device, that operates with an external source of
power, with a vacuum fluorescent display (VFD), measuring 31.75 cm or
more but not over 34.3 cm in length, 21.5 cm or more but not over 25.4
cm in width and 7.5 cm or more but not over 9 cm in height and weighing
1.6 kg or more but not over 2 kg each (described in statistical
reporting number 8470.21.0000)
(31) Electronic calculating machines, each incorporating a ribbon ink
printing device, that operates with an external source of power, with a
vacuum fluorescent display (VFD), measuring 32 cm or more but not over
35 cm in length, 22 cm or more but not over 26 cm in width and 8 cm or
more but not over 9 cm in height and weighing 1.75 kg or more but not
over 2 kg each (described in statistical reporting number 8470.21.0000)
(32) Electronic calculating machines, each incorporating an ink roller
printing device, capable of operating with an external source of power
or battery power, with liquid crystal display (LCD), measuring 19 cm or
more but not over 26.5 cm in length, 8 cm or more but not over 20 cm in
width and 4 cm or more but not over 7 cm in height and weighing 0.3 kg
or more but not over 0.7 kg each (described in statistical reporting
number 8470.21.0000)
(33) Other static converters, rectifiers and rectifying apparatus, with
ABS plastic damage resistant box, input and output voltage cables,
weighing not more than 0.35 kg, measuring not more than 17 cm in length
and 12 cm in width (described in statistical reporting number
8504.40.9550)
(34) Light-emitting diode (LED) headlights, light bars and cube lights,
of a kind designed to be mounted on off-road, all-terrain vehicles
(described in statistical reporting number 8512.20.2040)
(35) Brake drums of grey cast iron for the motor vehicles of headings
8701 to 8705 (other than tractors for agricultural purposes), with an
inside diameter of 38 cm or more but not over 42 cm (described in
statistical reporting number 8708.30.5020)
(36) Brake discs of grey cast iron for the motor vehicles of headings
8701 to 8705 (other than tractors for agricultural purposes), with an
outside diameter of 32 cm or more but not over 44 cm (described in
statistical reporting number 8708.30.5030)
(37) Wheel hubs of cast iron, for off-road vehicles of headings 8701 to
8705, each weighing 2 kg or more but not exceeding 4 kg (described in
statistical reporting number 8708.99.5300)
(38) Upholstered dining chairs, with a wooden frame, other than of teak
(described in statistical reporting number 9401.61.4011)
(39) Chairs with three legs, with frames of steel held together by
elastic cord and textile seating material, for outdoor non-household
use (described in statistical reporting number 9401.79.0015)
(40) Chairs, each with four legs, a frame of aluminum held together by
elastic cord and textile seating material, for outdoor non-household
use (described in statistical reporting number 9401.79.0015)
(41) Entry tables of wood other than bent-wood, each measuring 180 cm
or more but not over 185 cm in length, 80 cm or more but not over 83 cm
in height and over 40 but not over 45 cm in width, with tin top
(described in statistical reporting number 9403.60.8081)
(42) 8-light circular electric household chandeliers, of base metal
other than brass (described in statistical reporting number
9405.10.6010)
(43) Electric household table lamps, with bases of wood, presented with
shades, not more than 64 cm in height, each weighing not more than 3 kg
(described in statistical reporting number 9405.20.8010)
(44) Non-electrical wall candelabras, of wood, each with 3 wrought iron
candle holders (described in statistical reporting number
9405.50.4000)''
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(mm) to subchapter III of chapter 99;''; and
b. by inserting the phrase ``; or (6) heading 9903.88.36 and U.S.
note 20(oo) to subchapter III of chapter 99'' after the phrase ``U.S.
note 20(nn) 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(mm) to subchapter III of chapter 99;''; and
b. by inserting the phrase ``; or (6) heading 9903.88.36 and U.S.
note 20(oo) to subchapter III of chapter 99'' after the phrase ``U.S.
note 20(nn) to subchapter III of chapter 99''.
5. by amending the Article Description of heading 9903.88.03:
[[Page 69016]]
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
