Request for Comments on Additional Modifications to the 301 Action To Address COVID-19: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 16987-16988 [2020-06285]

Download as PDF Federal Register / Vol. 85, No. 58 / Wednesday, March 25, 2020 / Notices 11.280 with the proposed standardized process for resuming trading in all securities following a Level 3 halt will promote fair and orderly markets, and protect investors and the public interest. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes that the proposed Level 3 rule change described above would standardize the opening process for all securities on the Exchange, which would make the opening process the day after a Level 3 halt more uniform and reduce complexity. Further, the Exchange understands that FINRA and other national securities exchanges will file similar proposals to adopt the proposed Level 3 rule change. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 10 and Rule 19b–4(f)(6) thereunder.11 Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b–4(f)(6)(iii) thereunder.12 A proposed rule change filed under Rule 19b–4(f)(6) 13 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b4(f)(6)(iii),14 the Commission 10 15 U.S.C. 78s(b)(3)(A)(iii). CFR 240.19b–4(f)(6). 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Commission has waived the prefiling requirement. 13 17 CFR 240.19b–4(f)(6). 14 17 CFR 240.19b–4(f)(6)(iii). khammond on DSKJM1Z7X2PROD with NOTICES 11 17 VerDate Sep<11>2014 16:18 Mar 24, 2020 Jkt 250001 may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. The Commission notes that it approved a substantively similarly proposed rule change submitted by The Nasdaq Stock Market LLC.15 Waiver of the operative delay will ensure consistency across the market centers and the timely implementation of the proposed rule change. Accordingly, the Commission waives the 30-day operative delay and designates the proposed rule change operative upon filing.16 At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 17 of the Act to determine whether the proposed rule change should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– LTSE–2020–07 on the subject line. Paper Comments • Send paper comments in triplicate to Vanessa Countryman, Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549. All submissions should refer to File Number SR–LTSE–2020–07. This file 15 See Securities Exchange Act Release No. 88360 (March 11, 2020) (SR–NASDAQ–2020–003). 16 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 17 15 U.S.C. 78s(b)(2)(B). PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 16987 number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s internet website (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of LTSE and on its internet website at https:// longtermstockexchange.com/. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–LTSE–2020–07 and should be submitted on or before April 15, 2020. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2020–06191 Filed 3–24–20; 8:45 am] BILLING CODE 8011–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2020–0014] Request for Comments on Additional Modifications to the 301 Action To Address COVID–19: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative. ACTION: Notice and request for comments. AGENCY: 18 17 E:\FR\FM\25MRN1.SGM CFR 200.30–3(a)(12). 25MRN1 16988 Federal Register / Vol. 85, No. 58 / Wednesday, March 25, 2020 / Notices In prior notices, the U.S. Trade Representative has modified the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by removing additional duties from medical-care products needed to address the COVID–19 outbreak. In light of ongoing developments, the Office of the U.S. Trade Representative (USTR) is requesting public comments on possible further modifications to remove duties from additional medical-care products. DATES: The docket for comments will remain open at least until June 25, 2020, and may be extended as appropriate. To facilitate timely consideration of possible modifications, interested parties should submit comments as promptly as possible. To be assured of consideration, any responses to comments should be submitted within three business days after a comment is posted in the docket. ADDRESSES: USTR strongly prefers electronic submissions made through the Federal eRulemaking Portal: https:// www.regulations.gov (Regulations.gov). Follow the instructions for submitting requests for exclusion and responses to requests in Section C below. The docket number is USTR–2020–0014. FOR FURTHER INFORMATION CONTACT: For questions about this notice, contact Associate General Counsels Philip Butler or Megan Grimball at (202) 395– 5725. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES A. Background At the direction of the President, the U.S. Trade Representative has imposed duties on products of China in order to obtain the elimination of the unfair and damaging acts, policies, and practices identified in this investigation. The duties have been imposed in four tranches. See 83 FR 28719 (June 20, 2018), 83 FR 40823 (August 16, 2018), 83 FR 47974 (September 21, 2018), as modified by 83 FR 49153 (September 28, 2018), and 84 FR 43304 (August 20, 2019), as modified by 84 FR 69447 and 85 FR 3741. For each tranche, the U.S. Trade Representative established a process by which U.S. stakeholders could request exclusion of particular products classified within an eight-digit Harmonized Tariff Schedule of the United States (HTSUS) subheading covered by the action. See 83 FR 32181 (July 11, 2018), 83 FR 47236 (September 18, 2018), 84 FR 29576 (June 24, 2019), and 84 FR 57144 (October 24, 2019). The exclusion processes for tranches 3 VerDate Sep<11>2014 16:18 Mar 24, 2020 Jkt 250001 and 4 are still in process, and are not affected by this notice. Throughout the exclusion process, USTR assessed medical necessity in granting exclusions, consistent with its published criteria. In addition, the U.S. Trade Representative, in consultation with the Department of Health and Human Services (HHS), prioritized the review of exclusion requests addressed to medical-care products related to the U.S. response to COVID–19, and granted approximately 200 separate exclusions on March 5, 2020. See 85 FR 13970 (March 10, 2020), 85 FR 15015 (March 16, 2020), and 85 FR 15244 (March 17, 2020). The exclusions covered personal protective equipment products and other medical-care related products. B. Request for Public Comments In order to reflect developments in the efforts to respond to the COVID–19 outbreak, USTR is requesting public comments on possible further modifications to remove duties from additional medical-care products. USTR invites comments from interested persons with respect to whether a particular product covered by the action in this investigation is needed to respond to the COVID–19 outbreak. The docket for comments will remain open at least until June 25, 2020, and may be extended as appropriate. To facilitate timely consideration of possible modifications, interested persons should submit comments as promptly as possible. Interested persons may also submit responses to comments. To be assured of consideration, any responses to comments should be submitted within three business days after a comment is posted in the docket. USTR will review comments on a rolling basis. Each comment specifically must identify the particular product of concern and explain precisely how the product relates to the response to the COVID–19 outbreak. For example, the comment may address whether a product is directly used to treat COVID– 19 or to limit the outbreak, and/or whether the product is used in the production of needed medical-care products. Comments may be submitted regarding any product covered by the action in the investigation, regardless of whether the product is subject to a pending or denied exclusion request. In order to facilitate timely consideration of possible modifications, commenters should define the product of concern as precisely as possible. All comments must include the following information, to the extent possible: The ten-digit subheading of the HTSUS applicable to the product, and the PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 identity of the particular product in terms of its functionality and physical characteristics (e.g., dimensions, material composition, or other characteristics). Commenters may provide information concerning the producer, importer, ultimate consumer, or trademarks or tradenames, but this is less helpful. C. Submission Instructions All submissions must be in English and sent electronically via Regulations.gov. To submit comments via www.regulations.gov, enter docket number USTR–2020–0014 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 and click on the link titled ‘comment now!’ For further information on using the www.regulations.gov website, please consult the resources provided on the website by clicking on ‘How to Use Regulations.gov’ on the bottom of the home page. USTR will not accept handdelivered submissions. The Regulations.gov website allows users to submit comments by filling in a ‘comment’ field or by attaching a document using an ‘upload file’ field. USTR prefers that you submit comments in an attached document. If you attach a document, it is sufficient to type ‘see attached’ in the ‘comment’ field. USTR prefers submissions in Microsoft Word (.doc) or searchable Adobe Acrobat (.pdf). If you use an application other than those two, please indicate the name of the application in the ‘comment’ field. File names should reflect the name of the person or entity submitting the comments. Please do not attach separate cover letters to electronic submissions; rather, include any information that might appear in a cover letter in the comments themselves. Similarly, to the extent possible, please include any exhibits, annexes, or other attachments in the same file as the comment itself, rather than submitting them as separate files. You can view submissions on the Regulations.gov website by entering docket number USTR–2020–0014 in the search field on the home page. Joseph Barloon, General Counsel, Office of the United States Trade Representative. [FR Doc. 2020–06285 Filed 3–23–20; 8:45 am] BILLING CODE 3290–F0–P E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

Office of the United States Trade Representative

[Federal Register Volume 85, Number 58 (Wednesday, March 25, 2020)]
[Notices]
[Pages 16987-16988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06285]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2020-0014]


Request for Comments on Additional Modifications to the 301 
Action To Address COVID-19: China's Acts, Policies, and Practices 
Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and request for comments.

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[[Page 16988]]

SUMMARY: In prior notices, the U.S. Trade Representative has modified 
the action in the Section 301 investigation of China's acts, policies, 
and practices related to technology transfer, intellectual property, 
and innovation by removing additional duties from medical-care products 
needed to address the COVID-19 outbreak. In light of ongoing 
developments, the Office of the U.S. Trade Representative (USTR) is 
requesting public comments on possible further modifications to remove 
duties from additional medical-care products.

DATES: The docket for comments will remain open at least until June 25, 
2020, and may be extended as appropriate. To facilitate timely 
consideration of possible modifications, interested parties should 
submit comments as promptly as possible. To be assured of 
consideration, any responses to comments should be submitted within 
three business days after a comment is posted in the docket.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: https://www.regulations.gov 
(Regulations.gov). Follow the instructions for submitting requests for 
exclusion and responses to requests in Section C below. The docket 
number is USTR-2020-0014.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
contact Associate General Counsels Philip Butler or Megan Grimball at 
(202) 395-5725.

SUPPLEMENTARY INFORMATION:

A. Background

    At the direction of the President, the U.S. Trade Representative 
has imposed duties on products of China in order to obtain the 
elimination of the unfair and damaging acts, policies, and practices 
identified in this investigation. The duties have been imposed in four 
tranches. See 83 FR 28719 (June 20, 2018), 83 FR 40823 (August 16, 
2018), 83 FR 47974 (September 21, 2018), as modified by 83 FR 49153 
(September 28, 2018), and 84 FR 43304 (August 20, 2019), as modified by 
84 FR 69447 and 85 FR 3741.
    For each tranche, the U.S. Trade Representative established a 
process by which U.S. stakeholders could request exclusion of 
particular products classified within an eight-digit Harmonized Tariff 
Schedule of the United States (HTSUS) subheading covered by the action. 
See 83 FR 32181 (July 11, 2018), 83 FR 47236 (September 18, 2018), 84 
FR 29576 (June 24, 2019), and 84 FR 57144 (October 24, 2019). The 
exclusion processes for tranches 3 and 4 are still in process, and are 
not affected by this notice.
    Throughout the exclusion process, USTR assessed medical necessity 
in granting exclusions, consistent with its published criteria. In 
addition, the U.S. Trade Representative, in consultation with the 
Department of Health and Human Services (HHS), prioritized the review 
of exclusion requests addressed to medical-care products related to the 
U.S. response to COVID-19, and granted approximately 200 separate 
exclusions on March 5, 2020. See 85 FR 13970 (March 10, 2020), 85 FR 
15015 (March 16, 2020), and 85 FR 15244 (March 17, 2020). The 
exclusions covered personal protective equipment products and other 
medical-care related products.

B. Request for Public Comments

    In order to reflect developments in the efforts to respond to the 
COVID-19 outbreak, USTR is requesting public comments on possible 
further modifications to remove duties from additional medical-care 
products. USTR invites comments from interested persons with respect to 
whether a particular product covered by the action in this 
investigation is needed to respond to the COVID-19 outbreak. The docket 
for comments will remain open at least until June 25, 2020, and may be 
extended as appropriate. To facilitate timely consideration of possible 
modifications, interested persons should submit comments as promptly as 
possible. Interested persons may also submit responses to comments. To 
be assured of consideration, any responses to comments should be 
submitted within three business days after a comment is posted in the 
docket. USTR will review comments on a rolling basis.
    Each comment specifically must identify the particular product of 
concern and explain precisely how the product relates to the response 
to the COVID-19 outbreak. For example, the comment may address whether 
a product is directly used to treat COVID-19 or to limit the outbreak, 
and/or whether the product is used in the production of needed medical-
care products.
    Comments may be submitted regarding any product covered by the 
action in the investigation, regardless of whether the product is 
subject to a pending or denied exclusion request.
    In order to facilitate timely consideration of possible 
modifications, commenters should define the product of concern as 
precisely as possible. All comments must include the following 
information, to the extent possible: The ten-digit subheading of the 
HTSUS applicable to the product, and the identity of the particular 
product in terms of its functionality and physical characteristics 
(e.g., dimensions, material composition, or other characteristics). 
Commenters may provide information concerning the producer, importer, 
ultimate consumer, or trademarks or tradenames, but this is less 
helpful.

C. Submission Instructions

    All submissions must be in English and sent electronically via 
Regulations.gov. To submit comments via www.regulations.gov, enter 
docket number USTR-2020-0014 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 and click 
on the link titled `comment now!' For further information on using the 
www.regulations.gov website, please consult the resources provided on 
the website by clicking on `How to Use Regulations.gov' on the bottom 
of the home page. USTR will not accept hand-delivered submissions.
    The Regulations.gov website allows users to submit comments by 
filling in a `comment' field or by attaching a document using an 
`upload file' field. USTR prefers that you submit comments in an 
attached document. If you attach a document, it is sufficient to type 
`see attached' in the `comment' field. USTR prefers submissions in 
Microsoft Word (.doc) or searchable Adobe Acrobat (.pdf). If you use an 
application other than those two, please indicate the name of the 
application in the `comment' field.
    File names should reflect the name of the person or entity 
submitting the comments. Please do not attach separate cover letters to 
electronic submissions; rather, include any information that might 
appear in a cover letter in the comments themselves. Similarly, to the 
extent possible, please include any exhibits, annexes, or other 
attachments in the same file as the comment itself, rather than 
submitting them as separate files.
    You can view submissions on the Regulations.gov website by entering 
docket number USTR-2020-0014 in the search field on the home page.

Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2020-06285 Filed 3-23-20; 8:45 am]
 BILLING CODE 3290-F0-P

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