Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 13970-13973 [2020-05000]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 13970 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices may be sent to Natalie Donahue, Chief of Evaluation, Bureau of Educational and Cultural Affairs, who may be reached at (202) 632–6193 or DonahueNR@state.gov. SUPPLEMENTARY INFORMATION: • Title of Information Collection: SAMS-Domestic Results Performance Module (SAMS-D RPM). • OMB Control Number: None. • Type of Request: New collection. • Originating Office: Educational and Cultural Affairs (ECA/P/V). • Form Number: No form. • Respondents: Implementing partners of ECA grants and cooperative agreements. • Estimated Number of Respondents: 100. • Estimated Number of Responses: 250 per year (most respondents report on a semi-annual basis; though there are some that will report more frequently, which has been factored into this figure). • Average Time per response: 20 hours (regardless of frequency of reporting). • Total Estimated Burden Time: 5,000 hours per year. • Obligation to Respond: Voluntary. The State Assistance Management System Domestic (SAMS-D) database is the official system of record for grants reporting, this notice of proposed information collection pertains only to the SAMS-D RPM, which is an extension module within the larger SAMS-D database. The use of that module is voluntary. We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper functions of the Department. • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. Abstract of Proposed Collection As a normal course of business and in compliance with OMB Guidelines VerDate Sep<11>2014 17:20 Mar 09, 2020 Jkt 250001 contained in Circular A–110, recipient organizations are required to provide, and the U.S. State Department required to collect, periodic program and financial performance reports. The responsibility of the State Department to track and monitor the programmatic and financial performance necessitates a database that can help facilitate this in a consistent and standardized manner. The larger SAMS-D database is already the Department of State’s system of record; the database enables monitoring of grants and cooperative agreements through standardized collection and storage of performance monitoring award elements, such as progress reports, workplans, grant agreements, and other business information related to ECA awards. The SAMS-D RPM (which this notice of information collection pertains to, specifically) is an extension module within the larger SAMS-D platform, designed to collect performance monitoring data in a format that will make analysis of program performance and monitoring of the award more efficient. Methodology Information will be entered into SAMS-D RPM electronically. For organizations that are unable to submit their reports online, they will be able to submit a word document or PDF as the report, which will then be uploaded to the SAMS-D RPM. ECA will seek to limit such situations. Kristin Roberts, Acting Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs. [FR Doc. 2020–04843 Filed 3–9–20; 8:45 am] BILLING CODE 4710–05–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: On August 20, 2019, at the direction of the President, the U.S. Trade Representative determined to modify the action being taken in the investigation by imposing additional duties of 10 percent ad valorem on goods of China with an annual trade value of approximately $300 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 SUMMARY: PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 innovation. The additional duties on products in List 1, which is set out in Annex A of that action, became effective on September 1, 2019. On August 30, 2019, at the direction of the President, the U.S. Trade Representative determined to increase the rate of the additional duty applicable to the tariff subheadings covered by the action announced in the August 20 notice from 10 percent to 15 percent. On January 22, 2020, the U.S. Trade Representative determined to reduce the rate from 15 percent to 7.5 percent. The U.S. Trade Representative initiated a product exclusion process in October 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. The U.S. Trade Representative will continue to issue decisions on pending requests on a periodic basis. DATES: The product exclusions announced in this notice will apply as of September 1, 2019, the effective date of the $300 billion action, and will extend to September 1, 2020. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, contact Assistant General Counsels Philip Butler or Megan Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395–5725. For specific questions on customs classification or implementation of the product exclusions identified in the Annex to this notice, contact traderemedy@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: A. Background For background on the proceedings in this investigation, please see the prior notices issued in the investigation, including 82 FR 40213 (August 24, 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 49153 (September 28, 2018), 84 FR 20459 (May 9, 2019), 84 FR 43304 (August 20, 2019), 84 FR 45821 (August 30, 2019), 84 FR 57144 (October 24, 2019), 84 FR 69447 (December 18, 2019), and 85 FR 3741 (January 22, 2020). In a notice published August 20, 2019, the U.S. Trade Representative, at the direction of the President, announced a determination to modify the action being taken in the Section 301 investigation by imposing an additional 10 percent ad valorem duty E:\FR\FM\10MRN1.SGM 10MRN1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES on products of China with an annual aggregate trade value of approximately $300 billion. 84 FR 43304 (August 20, 2019) (the August 20 notice). The August 20 notice contains two separate lists of tariff subheadings, with two different effective dates. List 1, which is set out in Annex A of the August 20 notice, was effective September 1, 2019. List 2, which is set out in Annex C of the August 20 notice, was scheduled to take effect on December 15, 2019. On August 30, 2019, the U.S. Trade Representative, at the direction of the President, determined to modify the action being taken in the investigation by increasing the rate of additional duty from 10 to 15 percent ad valorem on the goods of China specified in Annex A and Annex C of the August 20 notice. See 84 FR 45821. On October 24, 2019, the U.S. Trade Representative established a process by which U.S. stakeholders could request exclusion of particular products classified within an 8-digit Harmonized Tariff Schedule of the United States (HTSUS) subheading covered by List 1 of the $300 billion action from the additional duties. See 84 FR 57144 (the October 24 notice). Subsequently, the U.S. Trade Representative announced a determination to suspend until further notice the additional duties on products set out in Annex C of the August 20 notice. See 84 FR 69447 (December 18, 2019). The U.S. Trade Representative later determined to further modify the action being taken by reducing the additional duties for the products covered in Annex A of the August 20 notice from 15 percent to 7.5 percent. See 85 FR 3741 (January 22, 2020). Under the October 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 VerDate Sep<11>2014 17:20 Mar 09, 2020 Jkt 250001 by the $300 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, among other information. 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 October 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 October 24 notice required submission of requests for exclusion from List 1 of the $300 billion action no later than January 31, 2020, and noted that the U.S. Trade Representative periodically would announce decisions. This notice contains the first set of exclusion from List 1 of the $300 billion action. 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-2019-0017. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 13971 B. Determination To Grant Certain Exclusions Based on the evaluation of the factors set out in the October 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 8 10-digit HTSUS subheadings, which cover 59 separate exclusion requests. In accordance with the October 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 10-digit HTSUS subheading as described in the Annex, and not by the product descriptions set out in any particular request for exclusion. As stated in the October 24 notice, the exclusions will apply from September 1, 2019, the effective date of the $300 billion action, and will extend for one year to September 1, 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. BILLING CODE 3290–F0–P E:\FR\FM\10MRN1.SGM 10MRN1 VerDate Sep<11>2014 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices 17:20 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4725 E:\FR\FM\10MRN1.SGM 10MRN1 EN10MR20.019</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 13972 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices [FR Doc. 2020–05000 Filed 3–6–20; 4:15 pm] BILLING CODE 3290–F0–C OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2020–0010] Field Hearings Regarding Trade Distorting Policies That May Be Affecting Seasonal and Perishable Products in U.S. Commerce Office of the United States Trade Representative. ACTION: Notice of public hearing and request for comments. AGENCY: The Office of the United States Trade Representative (USTR) and the Departments of Commerce and Agriculture will convene public hearings in Florida and Georgia to hear firsthand from interested persons on trade distorting policies that may be causing harm to U.S. seasonal and perishable producers (namely, of fresh fruits and vegetables) and contributing to unfair pricing in the U.S. market, and to solicit feedback on how the Administration can better support these producers and redress any unfair harm. DATES: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES Field Hearing Dates and Locations April 7, 2020 at 9:00 a.m. EST: Grimes Family Agricultural Center, 2508 W Oak Avenue, Plant City, Florida 33563. April 9, 2020 at 9:00 a.m. EST: Rainwater Conference Center, 1 Meeting Place, Valdosta, Georgia 31601. Submission Deadlines March 19, 2020 at 11:59 p.m. EST: Deadline for submission of requests to appear at either of the field hearings. March 26, 2020 at 11:59 p.m. EST: Deadline for submission of hearing statements and written comments. ADDRESSES: USTR strongly prefers electronic submissions made through the Federal eRulemaking portal: http:// www.regulations.gov (Regulations.gov). Follow the instructions for submission in section II below. The docket number is USTR–2020–0010. For alternatives to online submissions, please contact Trey Forsyth in advance of the submission deadline at (202) 395–8583. FOR FURTHER INFORMATION CONTACT: For procedural questions, questions regarding the field hearings, or to request special accommodations, please contact Trey Forsyth at (202) 395–8583. SUPPLEMENTARY INFORMATION: I. Background USTR and the Departments of Commerce and Agriculture will convene VerDate Sep<11>2014 17:20 Mar 09, 2020 Jkt 250001 public hearings in Florida and Georgia to hear firsthand from interested persons regarding trade distorting policies that may be affecting seasonal and perishable products in U.S. commerce. The hearings are open to the public, but space may be limited. Accordingly, attendees will be accommodated on a first come, first served basis. USTR invites comments and supporting documentation from interested persons on the following issues: • Trade distorting policies that may be contributing to unfair pricing in the U.S. market and causing harm to U.S. seasonal and perishable producers in U.S. commerce. • How the Administration can better support these producers and redress unfair harm. II. Hearing Participation—Submission Requirements To appear and provide testimony at either of the field hearings, you must submit a request to do so by the March 19, 2020, 11:59 p.m. EST deadline. All parties who wish to testify also must submit the statement they intend to present at the hearing by the March 26, 2020, 11:59 p.m. EST deadline. Remarks at the hearing will be limited to five minutes, and might be further limited if circumstances warrant, to allow adequate time for questions from the panel. Interested parties who do not want to appear at the hearing may submit comments by the March 26 deadline. To submit a request to appear and provide testimony, go to www.regulations.gov. To make a submission via Regulations.gov, enter docket number USTR–2020–0010 in the ‘search for’ field on the home page and click ‘search.’ The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting ‘notice’ under ‘document type’ in the ‘filter results by’ section on the left side of the screen and click on the link entitled ‘comment now.’ In the ‘‘comment’’ field on the next page, identify the hearing at which you would like to testify and provide the full name, address, email address, and telephone number of the person who wishes to present the testimony. To submit a written statement, the Regulations.gov website allows users to provide comments by filling in a ‘type comment’ field or by attaching a document using the ‘upload file(s)’ field. USTR prefers that you provide submissions in an attached document. The file name should include the name PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 13973 of the person who will be presenting the testimony, or if not testifying, the name of the person submitting the statement. The name of the presenter also should be clear in the content of the file itself. All submissions must be in English and be prepared in (or be compatible with) Microsoft Word (.doc) or Adobe Acrobat (.pdf) formats. Include any data attachments to the submission in the same file as the submission itself, and not as separate files. For additional information on using the Regulations.gov website, please consult the resources provided on the website by clicking on ‘how to use this site’ on the left side of the home page. You must clearly designate business confidential information (BCI) by marking the submission ‘BUSINESS CONFIDENTIAL’ at the top and bottom of the cover page and each succeeding page, and indicating, via brackets, the specific information that is confidential. A submitter requesting that USTR treat information in a submission as BCI must certify that the information is business confidential and would not customarily be released to the public by the submitter. You must include ‘business confidential’ in the ‘type comment’ field, and must add ‘business confidential’ to the end of your file name for any attachments. For any submission containing BCI, you also must attach a separate nonconfidential version (i.e., not as part of the same submission with the BCI version), indicating where confidential information has been redacted. USTR will place the non-confidential version in the docket and it will be available for public inspection. USTR may not accept BCI submissions that do not have the required markings, or are not accompanied by a properly marked nonconfidential version, and may consider the submission to be a public document. Submissions responding to this notice, except for information granted BCI status, will be available for public viewing at Regulations.gov upon completion of processing. You can view submissions by entering docket number USTR–2020–0010 in the search field at Regulations.gov. Joseph Barloon, General Counsel, Office of the U.S. Trade Representative. [FR Doc. 2020–04827 Filed 3–9–20; 8:45 am] BILLING CODE 3290–F0–P E:\FR\FM\10MRN1.SGM 10MRN1

Agencies

[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Notices]
[Pages 13970-13973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05000]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Product Exclusions: China's Acts, Policies, and 
Practices Related to Technology Transfer, Intellectual Property, and 
Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of product exclusions.

-----------------------------------------------------------------------

SUMMARY: On August 20, 2019, at the direction of the President, the 
U.S. Trade Representative determined to modify the action being taken 
in the investigation by imposing additional duties of 10 percent ad 
valorem on goods of China with an annual trade value of approximately 
$300 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 additional duties on 
products in List 1, which is set out in Annex A of that action, became 
effective on September 1, 2019. On August 30, 2019, at the direction of 
the President, the U.S. Trade Representative determined to increase the 
rate of the additional duty applicable to the tariff subheadings 
covered by the action announced in the August 20 notice from 10 percent 
to 15 percent. On January 22, 2020, the U.S. Trade Representative 
determined to reduce the rate from 15 percent to 7.5 percent. The U.S. 
Trade Representative initiated a product exclusion process in October 
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. The U.S. Trade Representative 
will continue to issue decisions on pending requests on a periodic 
basis.

DATES: The product exclusions announced in this notice will apply as of 
September 1, 2019, the effective date of the $300 billion action, and 
will extend to September 1, 2020.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Assistant General Counsels Philip Butler or Megan 
Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395-
5725. For specific questions on customs classification or 
implementation of the product exclusions identified in the Annex to 
this notice, contact [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    For background on the proceedings in this investigation, please see 
the prior notices issued in the investigation, including 82 FR 40213 
(August 24, 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 49153 
(September 28, 2018), 84 FR 20459 (May 9, 2019), 84 FR 43304 (August 
20, 2019), 84 FR 45821 (August 30, 2019), 84 FR 57144 (October 24, 
2019), 84 FR 69447 (December 18, 2019), and 85 FR 3741 (January 22, 
2020).
    In a notice published August 20, 2019, the U.S. Trade 
Representative, at the direction of the President, announced a 
determination to modify the action being taken in the Section 301 
investigation by imposing an additional 10 percent ad valorem duty

[[Page 13971]]

on products of China with an annual aggregate trade value of 
approximately $300 billion. 84 FR 43304 (August 20, 2019) (the August 
20 notice). The August 20 notice contains two separate lists of tariff 
subheadings, with two different effective dates. List 1, which is set 
out in Annex A of the August 20 notice, was effective September 1, 
2019. List 2, which is set out in Annex C of the August 20 notice, was 
scheduled to take effect on December 15, 2019.
    On August 30, 2019, the U.S. Trade Representative, at the direction 
of the President, determined to modify the action being taken in the 
investigation by increasing the rate of additional duty from 10 to 15 
percent ad valorem on the goods of China specified in Annex A and Annex 
C of the August 20 notice. See 84 FR 45821. On October 24, 2019, the 
U.S. Trade Representative established a process by which U.S. 
stakeholders could request exclusion of particular products classified 
within an 8-digit Harmonized Tariff Schedule of the United States 
(HTSUS) subheading covered by List 1 of the $300 billion action from 
the additional duties. See 84 FR 57144 (the October 24 notice). 
Subsequently, the U.S. Trade Representative announced a determination 
to suspend until further notice the additional duties on products set 
out in Annex C of the August 20 notice. See 84 FR 69447 (December 18, 
2019). The U.S. Trade Representative later determined to further modify 
the action being taken by reducing the additional duties for the 
products covered in Annex A of the August 20 notice from 15 percent to 
7.5 percent. See 85 FR 3741 (January 22, 2020).
    Under the October 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 $300 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, among other 
information. 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 October 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 October 24 notice required submission of requests for exclusion 
from List 1 of the $300 billion action no later than January 31, 2020, 
and noted that the U.S. Trade Representative periodically would 
announce decisions. This notice contains the first set of exclusion 
from List 1 of the $300 billion action. 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-2019-0017.

B. Determination To Grant Certain Exclusions

    Based on the evaluation of the factors set out in the October 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 8 10-digit 
HTSUS subheadings, which cover 59 separate exclusion requests.
    In accordance with the October 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 10-digit 
HTSUS subheading as described in the Annex, and not by the product 
descriptions set out in any particular request for exclusion.
    As stated in the October 24 notice, the exclusions will apply from 
September 1, 2019, the effective date of the $300 billion action, and 
will extend for one year to September 1, 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.
BILLING CODE 3290-F0-P

[[Page 13972]]

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[FR Doc. 2020-05000 Filed 3-6-20; 4:15 pm]
 BILLING CODE 3290-F0-C