Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 549-553 [2019-28506]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Notices]
[Pages 549-553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28506]


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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.

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SUMMARY: In September of 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 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), 84 FR 
65882 (November 29, 2019), and 84 FR 69012 (December 17, 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

[[Page 550]]

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, November, and December 2019. See 84 FR 49591, 84 FR 
57803, 84 FR 61674, 84 FR 65882, and 84 FR 69012. The Office of the 
United States Trade Representative 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 2 ten-
digit HTSUS subheadings and 66 specially prepared product descriptions, 
which cover 81 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 technical error and in order to conform to the Trade 
Representative's intent to grant an exclusion requested, the Annex to 
this notice also includes amendments to notes in the Harmonized Tariff 
Schedule of the United States.
    Paragraph A, subparagraphs (3)-(7) are conforming amendments to the 
HTSUS reflecting the modifications made by the Annex.
    Paragraph B, subparagraphs (1)-(2) are amendments to U.S. note 
20(ll)(66) published at 84 FR 57803 (October 28, 2019) and U.S. note 
20(mm)(34) published at 84 FR 61674 (November 13, 2019) reflecting 
modifications made to certain HTSUS statistical reporting numbers that 
will take effect January 1, 2020.
    Paragraph C, fixes a technical error in U.S. note 20(b) to 
subchapter III of chapter 99 of the HTSUS.
    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 9903.88.37 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                          1
                                      description    ----------------------------------------          2
                                                            General             Special
----------------------------------------------------------------------------------------------------------------
``9903.88.37....................  Articles the        The duty provided
                                   product of China,   in the applicable
                                   as provided for     subheading''.
                                   in U.S. note
                                   20(pp) 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(pp) to subchapter 
III of chapter 99 in numerical sequence:
``(pp) 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) 8712.00.1510
(2) 8712.00.1550
(3) Nonwoven wipes, impregnated with organic surfactant preparations of 
a kind used to remove hair-color stains from the skin, put up for 
retail sale in canisters each containing 100 wipes (described in 
statistical reporting number 3401.11.5000)
(4) Endless synchronous belts of vulcanized rubber, molded 
polyurethane, neoprene, or welded urethane, each of an outside 
circumference of 60 cm or more but not more than 77 cm and a width of 
2.5 cm or more but not exceeding 4 cm, weighing 0.18 kg or more but not 
exceeding 0.45 kg (described in statistical reporting number 
4010.35.9000)
(5) Briefcases with outer surface of leather, each measuring no more 
than 37 cm by 45 cm by 17 cm (described in statistical reporting number 
4202.11.0030)
(6) Storage containers of paulownia wood, each measuring 8 cm or more 
but not over 41 cm in width, 8 cm or more but not over 41 cm in depth 
and 9 cm or more but not over 41 cm in height (described in statistical 
reporting number 4420.90.8000)
(7) Woven fabric of 100 percent textured polyester filaments, dyed, 
weighing more than 170 g/m\2\, measuring not more than 310 cm in width 
(described in statistical reporting number 5407.52.2060)
(8) Woven fabric of synthetic filament yarn containing 85 percent or 
more by

[[Page 551]]

weight of textured polyester filaments, dyed, measuring 249 cm in 
width, weighing more than 170 g/m\2\ (described in statistical 
reporting number 5407.52.2060)
(9) Woven dupioni fabric wholly of non-textured dyed polyester 
filaments, weighing not more than 170 g/m\2\, measuring not more than 
310 cm in width (described in statistical reporting number 
5407.61.9930)
(10) Woven fabric wholly of polyester, dyed, not flat, containing non-
textured polyester filaments, weighing not more than 170 g/m\2\, 
measuring not over 310 cm in width (described in statistical reporting 
number 5407.61.9930)
(11) Woven fabric wholly of polyester, dyed, containing non-textured 
polyester filaments, weighing more than 170 g/m\2\, measuring not over 
310 cm in width (described in statistical reporting number 
5407.61.9935)
(12) Woven fabric containing by weight 47 percent of nylon and 53 
percent of polyester, dyed, containing textured filaments, weighing not 
more than 170 g/m\2\, measuring greater than 274 cm in width (described 
in statistical reporting number 5407.72.0015)
(13) Woven dyed fabrics wholly of spun polyester, weighing more than 
240 g/m\2\ and measuring not more than 310 cm in width (described in 
statistical reporting number 5512.19.0090)
(14) Woven dyed 3-thread twill fabrics containing by weight 65 percent 
of polyester and 35 percent of cotton staple fibers, not napped, 
weighing more than 200 g/m\2\ and exceeding 310 cm in width (described 
in statistical reporting number 5514.22.0020)
(15) Storage containers of twisted paper rope, each measuring not less 
than 8 cm but not more than 39 cm in length, not less than 8 cm but not 
more than 39 cm in width and not less than 9 cm but not more than 57 cm 
in height (described in statistical reporting number 5609.00.4000)
(16) Woven dyed embroidery fabrics containing by weight 55 percent of 
polyester and 45 percent of nylon, weighing less than 115 g/m\2\ and 
measuring 289 cm in width (described in statistical reporting number 
5810.92.9080)
(17) Vault doors of stamped, welded and powder-coated 12-gauge carbon 
steel, each measuring 2 m or more in height, 81 cm or more but not more 
than 92 cm in width and 7.7 cm in thickness, each fitted with nine 
locking bolts, a slip-clutch handle and a programmable electric lock 
with keypad, with mechanical key override, presented with matching door 
frame (described in statistical reporting number 7308.30.5050)
(18) Steel staples suitable for use in powder-actuated handtools, not 
threaded, each weighing 37 g or more but not over 41 g, measuring 2.8 
cm or more but not over 12.7 cm in height, 6.4 cm or more but not over 
7.4 cm in width and 3.3 cm or more but not over 12.2 cm in depth 
(described in statistical reporting number 7317.00.2000)
(19) Safes of 16 gauge carbon steel, each stamped, welded and powder-
coated, with a programmable electric lock with keypad, mechanical key 
override, measuring 27 cm or more but not over 33 cm in length, 21 cm 
or more but not over 23 cm in width and 6 cm or more but not over 23 cm 
in depth (described in statistical reporting number 7323.99.9080)
(20) Fish tapes of steel and plastics, each weighing 516 g or more but 
not over 3,810 g and measuring no greater than 46 cm by 34 cm by 5 cm 
(described in statistical reporting number 7326.90.8688)
(21) Steel clamps with rubber insulation, each weighing not more than 
45.4 grams and measuring not more than 26 mm in height, not more than 
54 mm in width and not more than 97 mm in depth (described in 
statistical reporting number 7326.90.8688)
(22) Telescoping poles of steel, spring loaded, with ends of plastic, 
each measuring not less than 127 cm but not more than 314 cm in height 
and not more than 2.6 cm in diameter (described in statistical 
reporting number 7326.90.8688)
(23) Awning casting endplates, of aluminum, weighing not less than 0.1 
kg, measuring not less than 17 cm in length, not less than 10 cm in 
width, and not less than 1 cm in height (described in statistical 
reporting number 7610.90.0080)
(24) Decorative cast aluminum endcaps, of a kind used with structural 
elements of roof-mounted patio awnings for recreational vehicles (RVs), 
each measuring not more than 19 cm in length, not more than 11.5 cm in 
width and not more than 3 cm in thickness, weighing not more than 0.15 
kg each (described in statistical reporting number 7610.90.0080)
(25) Clips of aluminum shaped like the letter ``J'', with the diameter 
of the loop not exceeding 13 mm, each with a hole drilled through the 
long part of the ``J'' (described in statistical reporting number 
7616.99.5190)
(26) Telescoping poles of aluminum, spring loaded, with ends of 
plastic, each measuring not less than 1.5 m but not more than 3.7 m in 
height and 2.9 cm or more but not exceeding 3.6 cm in diameter 
(described in statistical reporting number 7616.99.5190)
(27) Awning casting pivots, of zinc coated aluminum, weighing not less 
than 0.6 kg, measuring not less than 9 cm in length, not less than 6 cm 
in width, and not less than 4 cm in height (described in statistical 
reporting number 7907.00.6000)
(28) Hand tools of steel, similar to pliers, each capable of crimping, 
stripping and cutting wire, weighing at least 170 g or more but not 
exceeding 460 g, and measuring not more than 26 cm by jaw opening size 
of 30 cm by 11 cm by 2.5 cm (described in statistical reporting number 
8203.20.6060)
(29) Hand tools of steel similar to pliers, designed for crimping 
electrical connectors and cutting wire, each weighing 333 g and 
measuring no more than 26 cm by 11 cm by 2.5 cm (described in 
statistical reporting number 8203.20.6060)
(30) Cutting parts for rock drilling or earth boring tools, each 
containing by weight over 0.2 percent of chromium, molybdenum or 
tungsten or over 0.1 percent of vanadium (described in statistical 
reporting number 8207.19.3090)
(31) Sets of flatware of stainless steel, containing no article plated 
with precious metal, put up for retail sale (described in statistical 
reporting number 8215.20.0000)
(32) Hydraulic valve lifters of steel with rollers, suitable for use 
solely or principally with spark-ignition internal combustion piston 
engines (other than for aircraft engines, marine propulsion engines or 
for vehicles of subheading 8701.20, or headings 8702, 8703 or 8704), 
each measuring 5 cm or more but not over 13 cm in length and 2.5 cm or 
more but not over 3.9 cm in diameter and weighing 135 g or more but not 
over 410 g (described in statistical reporting number 8409.91.9990)
(33) Solid valve lifters of steel, suitable for use solely or 
principally with spark-ignition internal combustion piston engines 
(other than for aircraft engines, marine propulsion engines or for 
vehicles of subheading 8701.20, or headings 8702, 8703 or 8704), each 
measuring 19 mm or more but not over 114 mm in length and 6 mm or more 
but not over 26 mm in diameter and weighing 20 g or more but not over 
250 g (described in statistical reporting number 8409.91.9990)

[[Page 552]]

(34) Hand pumps (other than for fuel or lubricants, not fitted or 
designed to be fitted with a metering device), each used to dispense a 
metered quantity of liquid soap or sanitizer (described in statistical 
reporting number 8413.20.0000)
(35) Lubricating pumps for internal combustion piston engines 
(described in statistical reporting number 8413.30.9060)
(36) Hand- or foot-operated air pumps, each weighing 400 g or more but 
not over 3 kg, with a maximum pressure of 1.52 MPa, imported with 
adapters for valves for tires and inner tubes (described in statistical 
reporting number 8414.20.0000)
(37) Ventilation fans for motor vehicles, consisting of a 12 V DC 
reversible multispeed electric motor drawing 5 A, with axial fan blade, 
electrically operating baffle, electric keypad and circuit board and 
wire mesh screen, measuring no more than 36 cm by 36 cm (described in 
statistical reporting number 8414.59.6540)
(38) Ventilation fans for motor vehicles, consisting of a 12 V DC 
single speed electric motor drawing 5 A, with axial fan blade, manual 
baffle, rotary switch and wire mesh screen, measuring no more than 36 
cm by 36 cm (described in statistical reporting number 8414.59.6540)
(39) 12 V fans of a kind used to disperse fragrance oils, measuring 
over 10 but not over 11 cm in diameter (described in statistical 
reporting number 8414.59.6595)
(40) Portable air compressors, each delivering under 0.57 cubic meters 
per minute (described in statistical reporting number 8414.80.1685)
(41) Winches powered by an electric motor, each weighing 9 kg or more 
but not exceeding 14 kg, with a pulling capacity of 1,130 kg or more 
but not exceeding 2,730 kg (described in statistical reporting number 
8425.31.0100)
(42) Winches powered by an electric motor, each with a pulling capacity 
of 4,300 kg or more but not exceeding 7,940 kg (described in 
statistical reporting number 8425.31.0100)
(43) Ratchet tie down straps, each consisting of straps of textiles 
measuring not less than 25 mm and not more than 105 mm in width and not 
more than 12.5 m in length, steel hooks at opposite ends of the straps 
and a gear and pawl mechanism for adjusting the length of the whole 
(described in statistical reporting number 8479.89.9499)
(44) Wireless battery chargers for mobile phones, each in the form of a 
picture frame incorporating a wireless charger or a stand incorporating 
a wireless charger that permits the mobile phone to be charged while 
standing on end (described in statistical reporting number 
8504.40.8500)
(45) Alternators for motor vehicle charging systems (described in 
statistical reporting number 8511.50.0000)
(46) Alarms to be installed in motor vehicles, each of which provides 
either a warning sound or a warning sound and a flashing light when a 
motor vehicle is being operated in reverse (described in statistical 
reporting number 8512.30.0040)
(47) Projectors (``trumpets'') of plastics for air horns (described in 
statistical reporting number 8512.90.2000)
(48) Color video cameras for use with microscopes, each camera with C-
mount lens mount, weighing not more than 87 g, measuring not more than 
109 mm in length and 31 mm in diameter, presented with a cable 
measuring not more than 1.5 m in length (described in statistical 
reporting number 8525.80.3010)
(49) Digital color video cameras for use with microscopes, each camera 
with 10 megapixel resolution, weighing not more than 175 g, measuring 
63 mm by 37 mm in length, presented with USB cable, reduction lens, 
eyepiece adapters, software CD and calibration slide (described in 
statistical reporting number 8525.80.3010)
(50) Digital color video cameras for use with microscopes, each camera 
with autofocus, C-mount lens mount, 1080p resolution, weighing not more 
than 450 g, measuring not more than 67 mm by 67 mm by 81 mm, presented 
with AC power adapter and power cable (described in statistical 
reporting number 8525.80.3010)
(51) Ultraviolet lamps used for skin tanning purposes, packaged for 
retail sale and weighing more than 5 kg but less than 10 kg (described 
in statistical reporting number 8539.49.0040)
(52) Hand held, battery-powered electrical devices that administer 
transcutaneous electrical nerve stimulation (TENS) and electrical 
muscle stimulation (EMS) via adhesive electrode pads attached to the 
skin (described in statistical reporting number 8543.70.8500)
(53) Insulated conductors, not of a kind used for telecommunications, 
for a voltage not exceeding 1,000 V, each with polyvinyl chloride (PVC) 
covers and connectors at each end in bundles of 3, 5 or 6 for use in 
connecting patients to monitoring devices (described in statistical 
reporting number 8544.42.9090)
(54) Electrical insulators (``wire nuts'') of plastics and steel 
(described in statistical reporting number 8546.90.0000)
(55) Motor mount kits each consisting of 3 to 5 components, each of 
stainless-steel or aluminum combined with a heat resistant rubber 
material and with holes machined for mounting the engine to the car or 
truck body, designed for use in aftermarket automotive repair 
(described in statistical reporting number 8708.99.5500)
(56) Wear bars comprising strips of carbide for the vehicles of 
8703.10.10 (described in statistical reporting number 8708.99.8180)
(57) Bicycle saddles, each having a cover of plastics, man-made textile 
fabrics or a combination of the two (described in statistical reporting 
number 8714.95.0000)
(58) Compound binocular optical microscopes (other than stereoscopic 
microscopes and microscopes for photomicrography, cinemicrography or 
microprojection), each with magnification of 40X or more but not 
exceeding 1,000X, weighing not more than 3 kg (described in statistical 
reporting number 9011.80.0000)
(59) Compound optical microscopes (other than stereoscopic microscopes 
and microscopes for photomicrography, cinemicrography or 
microprojection), each with magnification of 40X or more but not 
exceeding 400X, weighing not more than 15 kg (described in statistical 
reporting number 9011.80.0000)
(60) Stackable upholstered metal chairs for religious worship settings, 
capable of interlocking with each other, each with attached holders and 
racks (described in statistical reporting number 9401.71.0031)
(61) Hunting stands of steel or aluminum (including ladder stands, pod 
stands, hang-on stands and climbing stands), each of which allows one 
or more hunters to ascend to a height and sit while waiting for game 
animals to appear (described in statistical reporting number 
9401.79.0035)
(62) Parts of chairs of unfinished plywood, including bodies, legs and 
arms (described in statistical reporting number 9401.90.4080)
(63) Chair frames of metal, each with integral bookshelf, capable of 
being stacked (described in statistical reporting number 9401.90.5081)
(64) Folding wheeled trays, each having a fixed height of no more than 
90 cm and a tray measuring not more than 37 cm by 40 cm (described in

[[Page 553]]

statistical reporting number 9403.20.0090)
(65) Wheeled trays, each with 5 wheels, 3 bowls of plastic with suction 
cup bottoms and adjustable height from 65 cm to 108 cm (described in 
statistical reporting number 9403.20.0090)
(66) Baby crib liners, each composed of two pieces of multi-layer warp 
polyester knit mesh without any padding, one measuring no more than 29 
cm by 283 cm and the other measuring no more than 29 cm by 210 cm 
(described in statistical reporting number 9403.90.6005)
(67) Flexible strips having embedded light-emitting diodes electrically 
connected to a molded electrical end connector, each strip wound onto a 
reel measuring not more than 25 cm in diameter and not more than 1.5 cm 
in width (described in statistical reporting number 9405.40.8440)
(68) Light boxes, each measuring not more than 32 cm by 58 cm by 12 cm, 
weighing less than 10 kg, with two biaxial fluorescent lamps that 
provide light therapy for seasonal and sleep disorders (described in 
statistical reporting number 9405.40.8440)''
    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(nn) to subchapter III of chapter 99;''; and
    b. by inserting the phrase ``; or (7) heading 9903.88.37 and U.S. 
note 20(pp) to subchapter III of chapter 99'' after the phrase ``U.S. 
note 20(oo) 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(nn) to subchapter III of chapter 99;''; and
    b. by inserting the phrase ``; or (7) heading 9903.88.37 and U.S. 
note 20(pp) to subchapter III of chapter 99'' after the phrase ``U.S. 
note 20(oo) to subchapter III of chapter 99''.
    5. by amending the first sentence of U.S. note 20(g) to subchapter 
III of chapter 99:
    a. by deleting ``or'' where it appears after ``U.S. note 20(ll) to 
subchapter III of chapter 99''; and
    b. by inserting ``(3) heading 9903.88.36 and U.S. note 20(oo) to 
subchapter III of chapter 99; or (4) heading 9903.88.37 and U.S. note 
20(pp) to subchapter III of chapter 99'' after ``U.S. note 20(mm) to 
subchapter III of chapter 99''.
    6. by amending the Article Description of heading 9903.88.03:
    a. by deleting ``9903.88.35 or'' and inserting ``9903.88.35,'' in 
lieu thereof; and
    b. by inserting ``or 9903.88.37,'' after ``9903.88.36,''.
    7. By amending the Article Description of heading 9903.88.04:
    a. By deleting ``9903.88.34 or'' and inserting ``9903.88.34,'' in 
lieu thereof; and
    b. By inserting ``or 9903.88.37,'' after ``9903.88.36,''.
    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, subchapter III of chapter 
99 of the Harmonized Tariff Schedule of the United States (HTSUS) is 
modified:
    a. U.S. note 20(ll)(66) to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States is modified by 
inserting ``prior to January 1, 2020; described in statistical 
reporting number 8708.70.4546 effective January 1, 2020'' after 
``8708.70.4545''.
    b. U.S. note 20(mm)(34) to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States is modified by 
inserting ``prior to January 1, 2020; described in statistical 
reporting number 8708.70.4546 effective January 1, 2020'' after 
``8708.70.4545''.
    C. U.S. note 20(b) to subchapter III of chapter 99 of the HTSUS is 
amended by deleting ``or (7) heading 9903.88.19'' and inserting ``or 
(8) heading 9903.88.19'' in lieu thereof.

[FR Doc. 2019-28506 Filed 1-3-20; 8:45 am]
 BILLING CODE 3290-F0-P