Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 15015-15018 [2020-05310]
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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
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Embassies or to U.S. Department of
State offices in the Washington, DC area.
Eligible Family Members are children,
parents (including step parents and
legally adoptive parents), siblings,
spouse and certified Same Sex Domestic
Partners of a Foreign Service Officer
eligible for certain benefits on an
overseas assignment, including the
health care program administered by the
Department’s Bureau of Medical
Services.
• Estimated Number of Respondents:
1,233.
• Estimated Number of Responses:
1,233.
• Average Time per Response: 2
hours.
• Total Estimated Burden Time: 2,466
hours.
• Frequency: Annually for up to three
years.
• Obligation to Respond: 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
Air pollution exposure is a health risk
to the U.S. diplomatic community
worldwide. More than 80% of U.S.
embassies and consulates are located in
cities with air pollution levels above
U.S. health-based standards, and air
pollution exposure is linked to a range
of adverse health effects. The U.S.
Department of State’s Bureau of Medical
Services (MED) establishes and operates
the Department’s Medical Program to
promote and maintain the physical and
mental health of members of the
Service, and (when incident to service
abroad) other designated eligible
Government employees, and members
of the families of such members and
employees. In addition to medical
examinations for employees and
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members of their families, a health care
program may include health education
and disease prevention programs. MED
also develops and implements medical
policies for the Department and advises
the Secretary on global healthcare
issues. MED has begun the Air Pollution
and Health Monitoring Program to
understand how respiratory and
cardiovascular health may change
during an overseas tour in locations that
differ in air pollution levels, in order to
inform Department policies. Data are
needed on Eligible Family members
who serve overseas with employees, are
participants in the medical program,
and are affected by policies set by the
Department. Participants from the
public will be Eligible Family Members
of U.S. employees working at the
Department of State in Washington, DC
or at the U.S. Embassy in New Delhi,
India; Jakarta, Indonesia; or Mexico
City, Mexico. Participants will be asked
to complete a questionnaire about their
health and activities and visit the U.S.
Department of State Exam Clinic in
Washington, DC or the Health Unit of
the selected U.S. Embassies overseas to
have their height, weight, lung function,
blood pressure, and blood oxygen
saturation measured yearly over the
next three years. The results will be
used to implement and improve policies
and mitigation programs to protect the
health and well-being of the U.S.
Diplomatic community. Such policies
and programs may include tour length,
medical clearance, health surveillance,
alerts for susceptible population, and
standards for exposure reduction
measures.
Methodology
Participants will complete an
electronic questionnaire. Questions ask
about the participant’s respiratory and
cardiovascular health and activities.
Participants will visit the Exam Clinic
in Washington, DC or Health Unit of the
selected U.S. Embassies. MED staff will
measure their height, weight, blood
pressure, and oxygen saturation. MED
staff will also test their lung function by
having them blow into a machine that
measures air flow and lung volume.
MED staff will ask the participant
questions that can affect lung function
values. The questionnaire and clinic
visit will be repeated once a year for the
next two years. Participation is
voluntary, and respondents can stop
participating at any time.
Kimberly Ottwell,
Deputy Medical Director.
[FR Doc. 2020–05229 Filed 3–13–20; 8:45 am]
BILLING CODE 4710–36–P
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15015
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusions: China’s
Acts, Policies, and Practices Related to
Technology Transfer, Intellectual
Property, and Innovation
Office of the United States
Trade Representative.
ACTION: Notice of product exclusions.
AGENCY:
In September 2018, the U.S.
Trade Representative imposed
additional duties on goods of China
with an annual trade value of
approximately $200 billion as part of
the action in the Section 301
investigation of China’s acts, policies,
and practices related to technology
transfer, intellectual property, and
innovation. The U.S. Trade
Representative initiated a product
exclusion process in June 2019, and
interested persons have submitted
requests for the exclusion of specific
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 makes conforming
amendments to certain notes in the
Harmonized Tariff Schedule of the
United States (HTSUS).
DATES: The product exclusions
announced in this notice will apply as
of September 24, 2018, the effective date
of the $200 billion action, to August 7,
2020. The amendments announced in
this notice are retroactive to the date the
original exclusions were published.
FOR FURTHER INFORMATION CONTACT: For
general questions about this notice,
contact Assistant General Counsels
Philip Butler or Benjamin Allen, 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:
SUMMARY:
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,
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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), 84 FR
69012 (December 17, 2019), 85 FR 549
(January 6, 2020), 85 FR 6674 (February
5, 2020), and 85 FR 9921 (February 20,
2020).
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 HTSUS, with an
approximate annual trade value of $200
billion. See 83 FR 47974, as modified by
83 FR 49153. In May 2019, the U.S.
Trade Representative increased the
additional duty to 25 percent. See 84 FR
20459. On June 24, 2019, the U.S. Trade
Representative established a process by
which U.S. stakeholders could 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:
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• Whether the particular product is
available only from China and
specifically whether the particular
product and/or a comparable product is
available from sources in the United
States and/or third countries.
• Whether the imposition of
additional duties on the particular
product would cause severe economic
harm to the requestor or other U.S.
interests.
• Whether the particular product is
strategically important or related to
‘‘Made in China 2025’’ or other Chinese
industrial programs.
The June 24 notice stated that the U.S.
Trade Representative would take into
account whether an exclusion would
undermine the objective of the Section
301 investigation.
The June 24 notice required
submission of requests for exclusion
from the $200 billion action no later
than September 30, 2019, and noted that
the U.S. Trade Representative
periodically would announce decisions.
In August 2019, the U.S. Trade
Representative granted an initial set of
exclusion requests. See 84 FR 38717.
The U.S. Trade Representative granted
additional exclusions in September
2019, October 2019, November 2019,
December 2019, January 2020, and
February 2020. See 84 FR 49591, 84 FR
57803, 84 FR 61674, 84 FR 65882, 84 FR
69012, 85 FR 549, 85 FR 6674, and 85
FR 9921. The Office of the United States
Trade Representative regularly updates
the status of each pending request on
the Exclusions Portal at https://
exclusions.ustr.gov/s/
docket?docketNumber=USTR-20190005.
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 forth 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 five 10-digit
HTSUS subheadings, 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 found in any
particular request for exclusion.
Paragraph A, subparagraphs (3)–(5) of
the Annex contain conforming
amendments to the HTSUS reflecting
the modifications made by the Annex.
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.
B. Determination To Grant Certain
Exclusions
Based on the evaluation of the factors
set forth in the June 24 notice, which are
Joseph Barloon,
General Counsel, Office of the U.S. Trade
Representative.
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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
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 9903.88.41 in numerical sequence, with the
material in the new heading inserted in the columns of the HT SUS labeled
"Heading/Subheading", "Article Description", and "Rates of Duty I-General",
respectively:
Rates of Duty
Heading/
Subheading
"9903.88.41
2
1
Article Description
General
Articles the product of China, as provided for
in U.S. note 20(tt) to this subchapter, each
covered by an exclusion granted by the U.S.
Trade Representative .....................
Special
The duty
provided in
the
applicable
subheading"
2. by inserting the following new U.S. note 20(tt) to subchapter III of chapter 99 in
numerical sequence:
"(tt) 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. See
83 Fed. Reg. 47974 (September 21, 2018) and 84 Fed. Reg. 29576 (June 24, 2019). Pursuant
to the product exclusion process, the U.S. Trade Representative has determined that the
additional duties provided for in heading 9903.88.03 shall not apply to the following
particular products, which are provided for in the enumerated statistical reporting numbers:
VerDate Sep<11>2014
3923.21.0030
3923.21.0095
3926.20.9050
4015 .19.1010
5603.12.0090"
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1)
2)
3)
4)
5)
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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(qq) to subchapter
III of chapter 99;"; and
b. by inserting the phrase"; or (10) heading 9903.88.41 and U.S. note 20(tt) to subchapter III
of chapter 99" after the phrase "U.S. note 20( ss) to sub chapter III of chapter 99".
4. by amending U.S. note 20(£) to subchapter III of chapter 99;
a. by deleting the word "or" where it appears after the phrase "U.S. note 20(qq) to subchapter
III of chapter 99;"; and
b. by inserting the phrase"; or (10) heading 9903.88.41 and U.S. note 20(tt) to subchapter III
of chapter 99" after the phrase "U.S. note 20( ss) to sub chapter III of chapter 99".
5.
by amending the Article Description of heading 9903.88.03:
a. by deleting "9903.88.38 or" and inserting "9903.88.38," in lieu thereof; and
b. by inserting "or 9903.88.41," after "9903.88.40,".
BILLING CODE 3290–F0–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Orders Limiting Operations at John F.
Kennedy International Airport and New
York LaGuardia Airport; High Density
Traffic Airports Rule at Ronald Reagan
Washington National Airport
Department of Transportation,
Federal Aviation Administration (FAA).
ACTION: Notice of limited waiver of the
minimum slot usage requirement.
AGENCY:
This notice announces a
limited waiver of the minimum usage
requirement that applies to Operating
Authorizations or ‘‘slots’’ at John F.
Kennedy International Airport (JFK),
New York LaGuardia Airport (LGA) and
Ronald Reagan Washington National
Airport (DCA), in light of the current
impacts on air travel demand related to
the outbreak of novel 2019 coronavirus
(also known as ‘‘SARS–CoV–2,’’ causing
the disease COVID–19) (‘‘Coronavirus’’).
Through May 31, 2020, the FAA will
waive the minimum usage requirement
as to any slot associated with a
scheduled nonstop flight between JFK,
LGA, or DCA, respectively, and other
points that is canceled as a direct result
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SUMMARY:
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18:29 Mar 13, 2020
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of Coronavirus-related impacts. This
action is effective for Coronavirusrelated flight cancelations through May
31, 2020. The duration of the
Coronavirus outbreak and its effect on
demand for commercial air travel
remains to be seen. The FAA will
continue to monitor the situation and
may augment this waiver as
circumstances warrant. The FAA will
inform carriers of any decision to extend
the waiver period as soon as possible.
In addition, this notice announces the
policy that the FAA will prioritize
flights canceled at designated
International Air Transport Association
(IATA) Level 2 airports in the U.S. due
to Coronavirus through May 31, 2020,
including at Chicago O’Hare
International Airport (ORD), Newark
Liberty International Airport (EWR), Los
Angeles International Airport (LAX),
and San Francisco International Airport
(SFO), for purposes of establishing a
carrier’s operational baseline in the next
corresponding season.
The FAA is acting in good faith in
granting relief to carriers worldwide
impacted by the Coronavirus. In doing
so, the FAA expects that U.S. carriers
will be accommodated with reciprocal
relief by foreign slot coordinators.
DATES: Effective upon publication.
FOR FURTHER INFORMATION CONTACT:
Bonnie Dragotto, Office of the Chief
Counsel, Regulations Division, Federal
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Aviation Administration, 800
Independence Avenues SW,
Washington, DC 20591; telephone: (202)
267–3808; email: bonnie.dragotto@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Coronavirus was detected in
China in December 2019 and as of
March 7, 2020 had been detected in
almost 90 locations internationally,
including in the United States.
The Centers for Disease Control and
Prevention (CDC), a component of the
Department of Health and Human
Services (HHS), has determined that the
virus presents a serious public health
threat and continues to take steps to
prevent its spread. On January 27, 2020,
the CDC issued a Level 3 Travel Health
Notice recommending that travelers
avoid all nonessential travel to China
due to widespread community
transmission of COVID–19. On January
30, 2020, the World Health Organization
(WHO) declared the outbreak a public
health emergency of international
concern (PHEIC). On January 31, 2020,
HHS declared a public health
emergency for the United States to aid
in responding to COVID–19. That same
day, citing the threat of this
communicable disease, the President
issued a Proclamation suspending the
entry into the United States of certain
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[FR Doc. 2020–05310 Filed 3–13–20; 8:45 am]
Agencies
[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 15015-15018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05310]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusions: China's Acts, Policies, and
Practices Related to Technology Transfer, Intellectual Property, and
Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of product exclusions.
-----------------------------------------------------------------------
SUMMARY: In September 2018, the U.S. Trade Representative imposed
additional duties on goods of China with an annual trade value of
approximately $200 billion as part of the action in the Section 301
investigation of China's acts, policies, and practices related to
technology transfer, intellectual property, and innovation. The U.S.
Trade Representative initiated a product exclusion process in June
2019, and interested persons have submitted requests for the exclusion
of specific 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 makes conforming amendments
to certain notes in the Harmonized Tariff Schedule of the United States
(HTSUS).
DATES: The product exclusions announced in this notice will apply as of
September 24, 2018, the effective date of the $200 billion action, to
August 7, 2020. The amendments announced in this notice are retroactive
to the date the original exclusions were published.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Assistant General Counsels Philip Butler or Benjamin
Allen, 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,
[[Page 15016]]
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), 84 FR 69012 (December 17, 2019), 85 FR 549 (January 6, 2020), 85
FR 6674 (February 5, 2020), and 85 FR 9921 (February 20, 2020).
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 HTSUS, with an approximate annual trade
value of $200 billion. See 83 FR 47974, as modified by 83 FR 49153. In
May 2019, the U.S. Trade Representative increased the additional duty
to 25 percent. See 84 FR 20459. On June 24, 2019, the U.S. Trade
Representative established a process by which U.S. stakeholders could
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 periodically would announce
decisions. In August 2019, the U.S. Trade Representative granted an
initial set of exclusion requests. See 84 FR 38717. The U.S. Trade
Representative granted additional exclusions in September 2019, October
2019, November 2019, December 2019, January 2020, and February 2020.
See 84 FR 49591, 84 FR 57803, 84 FR 61674, 84 FR 65882, 84 FR 69012, 85
FR 549, 85 FR 6674, and 85 FR 9921. The Office of the United States
Trade Representative regularly updates the status of each pending
request on the 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 forth 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 forth 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 five 10-
digit HTSUS subheadings, 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 found in any particular
request for exclusion.
Paragraph A, subparagraphs (3)-(5) of the Annex contain conforming
amendments to the HTSUS reflecting the modifications made by the Annex.
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.
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