Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 15244-15249 [2020-05451]

Download as PDF 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 khammond on DSKJM1Z7X2PROD with NOTICES [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 Jkt 250001 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 PO 00000 Frm 00136 Fmt 4703 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 E:\FR\FM\17MRN1.SGM 17MRN1 Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17MRN1.SGM 17MRN1 15246 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. khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3290–F0–P VerDate Sep<11>2014 17:32 Mar 16, 2020 Jkt 250001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM 17MRN1 VerDate Sep<11>2014 17:32 Mar 16, 2020 Jkt 250001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4725 E:\FR\FM\17MRN1.SGM 17MRN1 15247 EN17MR20.004</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices 17:32 Mar 16, 2020 Jkt 250001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4725 E:\FR\FM\17MRN1.SGM 17MRN1 EN17MR20.005</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 15248 Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices [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 http://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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://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 http://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: PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 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 http://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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at http://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. E:\FR\FM\17MRN1.SGM 17MRN1

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]


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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 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.

[[Page 15246]]

    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

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[FR Doc. 2020-05451 Filed 3-16-20; 8:45 am]
 BILLING CODE 3290-F0-C