Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 15244-15249 [2020-05451]
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15244
Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices
Primary Municipalities: Adjuntas,
Guanica, Guayanilla, Jayuya, Juana
Diaz, Lajas, Las Marias, Mayaguez,
Penuelas, Ponce, Sabana Grande,
San German, Utuado, Yauco.
The Interest Rates are:
determine that certain objects to be
included in the exhibition ‘‘Asia Society
Triennial: We Do Not Dream Alone,’’
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
Percent
I also determine that the exhibition or
For Physical Damage:
display of the exhibit objects at the Asia
Non-Profit Organizations with
Society Museum, New York, New York,
Credit Available Elsewhere ...
2.750
from on or about June 5, 2020, until on
Non-Profit Organizations withor about August 9, 2020; at Governors
out Credit Available Elsewhere .....................................
2.750 Island, New York, New York, from on or
about June 5, 2020, until on or about
For Economic Injury:
August 9, 2020; and at possible
Non-Profit Organizations without Credit Available Elseadditional exhibitions or venues yet to
where .....................................
2.750 be determined, is in the national
interest. I have ordered that Public
The number assigned to this disaster
Notice of these determinations be
for physical damage is 163282 and for
published in the Federal Register.
economic injury is 163290.
FOR FURTHER INFORMATION CONTACT: Chi
(Catalog of Federal Domestic Assistance
D. Tran, Program Administrator, Office
Number 59008)
of the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
Rafaela Monchek,
section2459@state.gov). The mailing
Acting Associate Administrator for Disaster
address is U.S. Department of State, L/
Assistance.
PD, SA–5, Suite 5H03, Washington, DC
[FR Doc. 2020–05460 Filed 3–16–20; 8:45 am]
20522–0505.
BILLING CODE 8026–03–P
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
DEPARTMENT OF STATE
by the Act of October 19, 1965 (79 Stat.
[Public Notice: 11074]
985; 22 U.S.C. 2459), Executive Order
12047 of March 27, 1978, the Foreign
Commission on Unalienable Rights:
Affairs Reform and Restructuring Act of
Notice of Cancellation of Open Meeting 1998 (112 Stat. 2681, et seq.; 22 U.S.C.
6501 note, et seq.), Delegation of
Due to concerns surrounding the
Authority No. 234 of October 1, 1999,
spread of coronavirus, the Commission
and Delegation of Authority No. 236–3
on Unalienable Rights (‘‘Commission’’)
of August 28, 2000.
is cancelling its open meeting
previously scheduled on Thursday,
Marie Therese Porter Royce,
March 26. If another meeting is
Assistant Secretary, Educational and Cultural
scheduled, the Department of State will Affairs, Department of State.
issue a Federal Register Notice with
[FR Doc. 2020–05493 Filed 3–16–20; 8:45 am]
details.
BILLING CODE 4710–05–P
For additional information, contact
Duncan Walker, Policy Planning Staff,
at (202) 647–2236, or walkerdh3@
DEPARTMENT OF STATE
state.gov.
Duncan H. Walker,
Designated Federal Officer, U.S. Department
of State.
[FR Doc. 2020–05471 Filed 3–16–20; 8:45 am]
BILLING CODE 4710–10–P
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[Public Notice 11071]
Notice of Determinations; Culturally
Significant Objects Imported for
Exhibition—Determinations: ‘‘Asia
Society Triennial: We Do Not Dream
Alone’’ Exhibition
Notice is hereby given of the
following determinations: I hereby
SUMMARY:
17:32 Mar 16, 2020
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Notice is hereby given of the
following determinations: I hereby
determine that certain objects to be
included in the exhibition ‘‘Claude &
Franc
¸ois-Xavier Lalanne: Nature
Transformed,’’ imported from abroad for
temporary exhibition within the United
States, are of cultural significance. The
objects are imported pursuant to loan
agreements with the foreign owners or
custodians. I also determine that the
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Marie Therese Porter Royce,
Assistant Secretary, Educational and Cultural
Affairs, Department of State.
[FR Doc. 2020–05492 Filed 3–16–20; 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
Section 301 investigation of China’s
acts, policies, and practices related to
technology transfer, intellectual
property, and innovation by imposing
additional duties of 10 percent ad
valorem on goods of China with an
annual trade value of approximately
$300 billion. 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
SUMMARY:
Notice of Determinations: Culturally
Significant Objects Imported for
Exhibition—Determinations: ‘‘Claude &
Franc¸ois-Xavier Lalanne: Nature
Transformed’’ Exhibition
SUMMARY:
DEPARTMENT OF STATE
VerDate Sep<11>2014
[Public Notice 11075]
exhibition or display of the exhibit
objects at the Sterling and Fracine Clark
Art Institute, Williamstown,
Massachusetts, from on or about May 9,
2020, until on or about November 1,
2020, and at possible additional
exhibitions or venues yet to be
determined, is in the national interest.
I have ordered that Public Notice of
these determinations be published in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Chi
D. Tran, Program Administrator, Office
of the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State, L/
PD, SA–5, Suite 5H03, Washington, DC
20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), Executive Order
12047 of March 27, 1978, the Foreign
Affairs Reform and Restructuring Act of
1998 (112 Stat. 2681, et seq.; 22 U.S.C.
6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999,
and Delegation of Authority No. 236–3
of August 28, 2000.
Sfmt 4703
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17MRN1
Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices
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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, 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), 85 FR 3741 (January 22, 2020),
and 85 FR 13970 (March 10, 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
on products of China with an annual
aggregate trade value of approximately
$300 billion. 84 FR 43304 (August 20,
2019) (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
VerDate Sep<11>2014
17:32 Mar 16, 2020
Jkt 250001
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 (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 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
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15245
‘‘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.
In March 2020, the U.S. Trade
Representative granted an initial set of
exclusion requests. See 85 FR 13970.
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-20190017.
B. Determination To Grant Certain
Exclusions
Based on 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 19 specially
prepared product descriptions, which
cover 39 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.
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / 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.
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[FR Doc. 2020–05451 Filed 3–16–20; 8:45 am]
BILLING CODE 3290–F0–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. 2020–02]
Petition for Exemption; Summary of
Petition Received; Pitman Air LLC
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of Federal
Aviation Regulations. The purpose of
this notice is to improve the public’s
awareness of, and participation in, the
FAA’s exemption process. Neither
publication of this notice nor the
inclusion or omission of information in
the summary is intended to affect the
legal status of the petition or its final
disposition.
DATES: Comments on this petition must
identify the petition docket number and
must be received on or before April 6,
2020.
ADDRESSES: Send comments identified
by docket number FAA–2020–0001
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:32 Mar 16, 2020
Jkt 250001
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Megan Blatchford (202) 267–3896,
Office of Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on March 11,
2020.
Brandon Roberts,
Acting Executive Director, Office of
Rulemaking.
Petition for Exemption
Docket No.: FAA–2020–0001.
Petitioner: Pitman Air LLC.
Section(s) of 14 CFR Affected:
§§ 91.309(a)(1), 61.69(a)(1), and
61.315(c)(18).
Description of Relief Sought: The
Petitioner seeks relief from the
aforementioned sections of the Code of
Federal Regulations to allow pilots-incommand who possess a sport pilot
certificate, private pilot certificate or
higher, with a valid Driver’s License in
lieu of a Medical Certificate, to operate
aircraft certificated as Special Light
Sport Aircraft (SLSA) or Experimental
Light Sport Aircraft (ELSA), such as
‘‘Dragonfly’’ and ‘‘Dragonfly Rancher,’’
to tow Unpowered Ultralights (i.e. hanggliders), Light Sport Gliders and other
Light Gliders.
[FR Doc. 2020–05537 Filed 3–16–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. 2020–12]
Petition for Exemption; Summary of
Petition Received; Kenneth Thomas
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of Federal
Aviation Regulations. The purpose of
this notice is to improve the public’s
awareness of, and participation in, the
FAA’s exemption process. Neither
publication of this notice nor the
SUMMARY:
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15249
inclusion or omission of information in
the summary is intended to affect the
legal status of the petition or its final
disposition.
DATES: Comments on this petition must
identify the petition docket number and
must be received on or before April 6,
2020.
ADDRESSES: Send comments identified
by docket number FAA–2019–0951
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Hanan Romodan (202) 267–2778, Office
of Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on March 11,
2020.
Brandon Roberts,
Acting Executive Director, Office of
Rulemaking.
Petition for Exemption
Docket No.: FAA–2019–0951.
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Agencies
[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15244-15249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05451]
=======================================================================
-----------------------------------------------------------------------
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 Section 301 investigation of China's acts, policies, and
practices related to technology transfer, intellectual property, and
innovation by imposing additional duties of 10 percent ad valorem on
goods of China with an annual trade value of approximately $300
billion. 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
[[Page 15245]]
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, 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), 85 FR 3741 (January 22, 2020), and 85 FR 13970 (March 10, 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 on
products of China with an annual aggregate trade value of approximately
$300 billion. 84 FR 43304 (August 20, 2019) (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 (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 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. In March 2020, the U.S. Trade Representative
granted an initial set of exclusion requests. See 85 FR 13970. 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-2019-0017.
B. Determination To Grant Certain Exclusions
Based on 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 19
specially prepared product descriptions, which cover 39 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.
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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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[FR Doc. 2020-05451 Filed 3-16-20; 8:45 am]
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