Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 17936-17938 [2020-06600]

Download as PDF 17936 Federal Register / Vol. 85, No. 62 / Tuesday, March 31, 2020 / Notices investors and the general public to have the options market available to enter new positions, or close open positions. 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 not necessary or appropriate in furtherance of the purposes of the Act. Amending the definition of ‘‘market for the underlying security’’ within Options 3, Section 8(a)(2) does not burden competition. The Exchange’s proposal offers alternative paths to open the Exchange in the event that the primary market or even a designated alternate primary market experiences an issue. The Exchange’s proposal is intended to create additional certainty that in the event of an issue with the primary market, the Exchange would have other equity markets to look to with respect to underlying prices on which to open the Exchange. This proposal also does not impact the ability of other options markets to open. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing 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 for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 7 and Rule 19b– 4(f)(6) thereunder.8 A proposed rule change filed pursuant to Rule 19b–4(f)(6) under the Act 9 normally does not become operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6)(iii) 10 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the 7 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of 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 Exchange has satisfied this requirement. 9 17 CFR 240.19b–4(f)(6). 10 17 CFR 240.19b–4(f)(6)(iii). jbell on DSKJLSW7X2PROD with NOTICES 8 17 VerDate Sep<11>2014 19:01 Mar 30, 2020 Jkt 250001 public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the Exchange may amend its rules to permit the Exchange to utilize additional venues to open its market if the primary market and any designated alternate market for the underlying security are experiencing an issue and unable to open, thereby allowing investors to transact on its market in such a situation. The Exchange believes that having its options market available to enter new positions or close open positions would benefit investors and the general public. For these reasons, the Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Therefore, the Commission hereby waives the operative delay and designates the proposal as operative upon filing.11 At any time within 60 days of the filing of the 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 to determine whether the proposed rule should be approved or disapproved. 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 the Exchange. 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–MRX–2020–08 and should be submitted on or before April 21, 2020. 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: For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 J. Matthew DeLesDernier, Assistant Secretary. 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– MRX–2020–08 on the subject line. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to File Number SR–MRX–2020–08. This file number should be included on the subject line if email is used. To help the Commission process and review your AGENCY: 11 For purposes only of waiving the 30-day operative delay, the Commission also has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 [FR Doc. 2020–06615 Filed 3–30–20; 8:45 am] BILLING CODE 8011–01–P 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. On August 20, 2019 (August 20 notice), at the direction of the President, the U.S. Trade Representative determined to modify the action being taken in the investigation by imposing additional duties of 10 percent ad valorem on goods of China with an annual trade value of approximately $300 billion as part of the action in the Section 301 investigation of China’s SUMMARY: 12 17 E:\FR\FM\31MRN1.SGM CFR 200.30–3(a)(12). 31MRN1 Federal Register / Vol. 85, No. 62 / Tuesday, March 31, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES acts, policies, and practices related to technology transfer, intellectual property, and innovation. The additional duties on products in List 1, which is set out in Annex A of the August 20 notice, became effective on September 1, 2019. On August 30, 2019, at the direction of the President, the U.S. Trade Representative determined to increase the rate of the additional duty applicable to the tariff subheadings covered by the 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 List 1 of the August 2 notice, 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 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), 85 FR 13970 (March 10, 2020), and 85 FR 15244 (March 17, 2020). In the August 20 notice (84 FR 43304), the U.S. Trade Representative, at the direction of the President, announced a determination to modify the action being taken in the Section 301 VerDate Sep<11>2014 19:01 Mar 30, 2020 Jkt 250001 investigation by imposing an additional 10 percent ad valorem duty on products of China with an annual aggregate trade value of approximately $300 billion. 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 (84 FR 45821), 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 (List 1) and Annex C (List 2) of the August 20 notice. On October 24, 2019 (October 24 notice), 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 August 20 notice from the additional duties. See 84 FR 57144. Subsequently, the U.S. Trade Representative announced a determination to suspend until further notice the additional duties on products set out in Annex C (List 2) of the August 20 notice. See 84 FR 69447 (December 18, 2019). The U.S. Trade Representative later determined to further modify the action being taken by reducing the additional duties for the products covered in Annex A of the August 20 notice (List 1) 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 August 20 notice. 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 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 17937 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 August 20 notice 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 announced two sets of exclusions. See 85 FR 13970 and 85 FR 15244. 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 five 10-digit HTSUS subheadings and 7 specially prepared product descriptions, which together cover 36 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. E:\FR\FM\31MRN1.SGM 31MRN1 17938 Federal Register / Vol. 85, No. 62 / Tuesday, March 31, 2020 / Notices Paragraph A, subparagraphs (3)–(4) of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex. As stated in the October 24 notice, the exclusions will apply from September 1, 2019, the effective date of List 1 of the August 20 notice, and will extend for one year to September 1, 2020. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. The U.S. Trade Representative will continue to issue determinations on pending requests on a periodic basis. Joseph Barloon, General Counsel, Office of the U.S. Trade Representative. 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 1, 2019, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified: 1. by inserting the following new heading 9903.88.44 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled ‘‘Heading/Subheading’’, ‘‘Article Description’’, and ‘‘Rates of Duty 1-General’’, respectively: Rates of duty Heading/ subheading Article description 1 2 General jbell on DSKJLSW7X2PROD with NOTICES ‘‘9903.88.44 ................ Articles the product of China, as provided for in U.S. note 20(ww) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative. 2. by inserting the following new U.S. note 20(ww) to subchapter III of chapter 99 in numerical sequence: ‘‘(ww) The U.S. Trade Representative determined to establish a process by which particular products classified in heading 9903.88.15 and provided for in U.S. notes 20(r) and (s) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.15. See 84 FR 43304 (August 20, 2019), 84 FR 45821 (August 30, 2019), 84 FR 57144 (October 24, 2019) and 85 FR 3741 (January 22, 2020). Pursuant to the product exclusion process, the U.S. Trade Representative has determined that the additional duties provided for in heading 9903.88.15 shall not apply to the following particular products, which are provided for in the following enumerated statistical reporting numbers: (1) 0505.10.0050 (2) 3926.90.9925 (3) 6506.10.3045 (4) 8512.10.2000 (5) 8528.72.6420 (6) Coverings, of plastics, designed to fit over wound sites or casts thereby forming a protective seal for keeping the covered area dry and debris free while showering or bathing (described in statistical reporting number 3926.90.9990) (7) Pouches of plastics, of a kind used with manually operated pill or tablet crushers to capture the powdered medicaments (described in statistical reporting number 3926.90.9990) (8) Refillable dispensers of plastics, designed for mounting on a vertical wall, of a kind used to store and dispense emesis containment bags in medical settings (described in statistical reporting number 3926.90.9990) VerDate Sep<11>2014 19:01 Mar 30, 2020 Jkt 250001 (9) Sterile urology drain bags of plastics, designed to fit over a urology table extension, with a flap extension that provides sterile separation of the patient from the table surface and directs fluids into and through a filter at the top of an attached drain hose leading to a collection container (described in statistical reporting number 3926.90.9990) (10) Ice bags of textile materials, for treating injuries or soreness, each refillable (described in statistical reporting number 6307.90.9889) (11) Identification wristbands of textile materials, each with a blank panel (described in statistical reporting number 6307.90.9889) (12) Apparatus suitable for wearing on the wrist, having time-display functions, each article having an accelerometer and being capable of displaying and transmitting data sent to it by a network (e.g., portable ADP unit, LAN or cellular network) (described in statistical reporting number 8517.62.0090)’’ 3. by amending the last sentence of the first paragraph of U.S. note 20(r) to subchapter III of chapter 99: a. by inserting ‘‘; or (3) heading 9903.88.44 and U.S. note 20(ww) to subchapter III of chapter 99’’ after ‘‘U.S. note 20(uu) to subchapter III of chapter 99’’; b. by deleting ‘‘except as provided in heading 9903.88.39’’ and by inserting ‘‘except as provided in: (1) Heading 9903.88.39’’ in lieu thereof; and c. by deleting ‘‘chapter 99 except as provided in heading 9903.88.42’’ and by inserting ‘‘chapter 99; (2) heading 9903.88.42’’ in lieu thereof. 4. by amending the article description of heading 9903.88.15; a. by deleting ‘‘heading 9903.88.39 or’’ and inserting ‘‘headings 9903.88.39,’’ in lieu thereof; PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 Special The duty provided in the applicable subheading’’. b. by deleting ‘‘heading 9903.88.42,’’ and inserting ‘‘9903.88.42,’’ in lieu thereof; and c. by inserting ‘‘or 9903.88.44,’’ after ‘‘9903.88.42,’’. [FR Doc. 2020–06600 Filed 3–30–20; 8:45 am] BILLING CODE 3290–F0–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2020–0010] Postponement of Field Hearings Regarding Trade Distorting Policies That May Be Affecting Seasonal and Perishable Products in U.S. Commerce Office of the United States Trade Representative. ACTION: Postponement of public hearings and extended deadline to submit comments. AGENCY: On March 10, 2020, the Office of the U.S. Trade Representative (USTR) announced that USTR and the Departments of Agriculture and Commerce would convene public hearings in Florida and Georgia to hear firsthand from interested persons on trade distorting policies that may be causing harm to U.S. seasonal and perishable producers. Consistent with guidance issued by the Centers for Disease Control and Prevention’s concerning COVID–19, USTR is postponing the public hearings and will announce rescheduled dates. USTR will continue to accept written comments. DATES: Field Hearings: The field hearings scheduled for April 7, 2020, in Plant City, Florida, and April 9, 2020, in Valdosta, Georgia are postponed and will be rescheduled at later date. SUMMARY: E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Notices]
[Pages 17936-17938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06600]


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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 (August 20 notice), at the direction of the 
President, the U.S. Trade Representative determined to modify the 
action being taken in the investigation by imposing additional duties 
of 10 percent ad valorem on goods of China with an annual trade value 
of approximately $300 billion as part of the action in the Section 301 
investigation of China's

[[Page 17937]]

acts, policies, and practices related to technology transfer, 
intellectual property, and innovation. The additional duties on 
products in List 1, which is set out in Annex A of the August 20 
notice, became effective on September 1, 2019. On August 30, 2019, at 
the direction of the President, the U.S. Trade Representative 
determined to increase the rate of the additional duty applicable to 
the tariff subheadings covered by the 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 List 1 of the August 2 notice, 
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 
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), 85 FR 13970 (March 10, 2020), and 
85 FR 15244 (March 17, 2020).
    In the August 20 notice (84 FR 43304), 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. 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 (84 FR 45821), 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 (List 1) and Annex C (List 2) of the August 20 notice. On 
October 24, 2019 (October 24 notice), 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 August 20 notice from the additional duties. 
See 84 FR 57144. Subsequently, the U.S. Trade Representative announced 
a determination to suspend until further notice the additional duties 
on products set out in Annex C (List 2) of the August 20 notice. See 84 
FR 69447 (December 18, 2019). The U.S. Trade Representative later 
determined to further modify the action being taken by reducing the 
additional duties for the products covered in Annex A of the August 20 
notice (List 1) 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 August 20 notice. 
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 August 20 notice 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 announced two 
sets of exclusions. See 85 FR 13970 and 85 FR 15244. 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 five 10-
digit HTSUS subheadings and 7 specially prepared product descriptions, 
which together cover 36 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.

[[Page 17938]]

    Paragraph A, subparagraphs (3)-(4) of the Annex contain conforming 
amendments to the HTSUS reflecting the modifications made by the Annex.
    As stated in the October 24 notice, the exclusions will apply from 
September 1, 2019, the effective date of List 1 of the August 20 
notice, and will extend for one year to September 1, 2020. U.S. Customs 
and Border Protection will issue instructions on entry guidance and 
implementation.
    The U.S. Trade Representative will continue to issue determinations 
on pending requests on a periodic basis.

Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.

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 1, 2019, subchapter III of chapter 
99 of the Harmonized Tariff Schedule of the United States (HTSUS) is 
modified:
    1. by inserting the following new heading 9903.88.44 in numerical 
sequence, with the material in the new heading inserted in the columns 
of the HTSUS labeled ``Heading/Subheading'', ``Article Description'', 
and ``Rates of Duty 1-General'', respectively:

----------------------------------------------------------------------------------------------------------------
                                                                                Rates of duty
                                                            ----------------------------------------------------
       Heading/ subheading           Article  description                     1
                                                            -------------------------------------        2
                                                                   General            Special
----------------------------------------------------------------------------------------------------------------
``9903.88.44.....................  Articles the product of   The duty provided
                                    China, as provided for    in the applicable
                                    in U.S. note 20(ww) to    subheading''.
                                    this subchapter, each
                                    covered by an exclusion
                                    granted by the U.S.
                                    Trade Representative.
----------------------------------------------------------------------------------------------------------------

    2. by inserting the following new U.S. note 20(ww) to subchapter 
III of chapter 99 in numerical sequence:
    ``(ww) The U.S. Trade Representative determined to establish a 
process by which particular products classified in heading 9903.88.15 
and provided for in U.S. notes 20(r) and (s) to this subchapter could 
be excluded from the additional duties imposed by heading 9903.88.15. 
See 84 FR 43304 (August 20, 2019), 84 FR 45821 (August 30, 2019), 84 FR 
57144 (October 24, 2019) and 85 FR 3741 (January 22, 2020). Pursuant to 
the product exclusion process, the U.S. Trade Representative has 
determined that the additional duties provided for in heading 
9903.88.15 shall not apply to the following particular products, which 
are provided for in the following enumerated statistical reporting 
numbers:
    (1) 0505.10.0050
    (2) 3926.90.9925
    (3) 6506.10.3045
    (4) 8512.10.2000
    (5) 8528.72.6420
    (6) Coverings, of plastics, designed to fit over wound sites or 
casts thereby forming a protective seal for keeping the covered area 
dry and debris free while showering or bathing (described in 
statistical reporting number 3926.90.9990)
    (7) Pouches of plastics, of a kind used with manually operated pill 
or tablet crushers to capture the powdered medicaments (described in 
statistical reporting number 3926.90.9990)
    (8) Refillable dispensers of plastics, designed for mounting on a 
vertical wall, of a kind used to store and dispense emesis containment 
bags in medical settings (described in statistical reporting number 
3926.90.9990)
    (9) Sterile urology drain bags of plastics, designed to fit over a 
urology table extension, with a flap extension that provides sterile 
separation of the patient from the table surface and directs fluids 
into and through a filter at the top of an attached drain hose leading 
to a collection container (described in statistical reporting number 
3926.90.9990)
    (10) Ice bags of textile materials, for treating injuries or 
soreness, each refillable (described in statistical reporting number 
6307.90.9889)
    (11) Identification wristbands of textile materials, each with a 
blank panel (described in statistical reporting number 6307.90.9889)
    (12) Apparatus suitable for wearing on the wrist, having time-
display functions, each article having an accelerometer and being 
capable of displaying and transmitting data sent to it by a network 
(e.g., portable ADP unit, LAN or cellular network) (described in 
statistical reporting number 8517.62.0090)''
    3. by amending the last sentence of the first paragraph of U.S. 
note 20(r) to subchapter III of chapter 99:
    a. by inserting ``; or (3) heading 9903.88.44 and U.S. note 20(ww) 
to subchapter III of chapter 99'' after ``U.S. note 20(uu) to 
subchapter III of chapter 99'';
    b. by deleting ``except as provided in heading 9903.88.39'' and by 
inserting ``except as provided in: (1) Heading 9903.88.39'' in lieu 
thereof; and
    c. by deleting ``chapter 99 except as provided in heading 
9903.88.42'' and by inserting ``chapter 99; (2) heading 9903.88.42'' in 
lieu thereof.
    4. by amending the article description of heading 9903.88.15;
    a. by deleting ``heading 9903.88.39 or'' and inserting ``headings 
9903.88.39,'' in lieu thereof;
    b. by deleting ``heading 9903.88.42,'' and inserting 
``9903.88.42,'' in lieu thereof; and
    c. by inserting ``or 9903.88.44,'' after ``9903.88.42,''.

[FR Doc. 2020-06600 Filed 3-30-20; 8:45 am]
BILLING CODE 3290-F0-P
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