Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 20332-20333 [2020-07564]

Download as PDF 20332 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Notices The transaction may be consummated on or after April 24, 2020, the effective date of the exemption (30 days after the verified notice was filed).3 If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than April 17, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36373, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on ATL’s representative, John E. Elkin, President, Atlantic Railways Co. LLC, P.O. Box 577, Pelion, SC 29123. According to ATL, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(1). Board decisions and notices are available at www.stb.gov. Decided: April 6, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2020–07567 Filed 4–9–20; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Product Exclusion Extensions: 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 exclusion extensions. AGENCY: Effective July 6, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, lotter on DSKBCFDHB2PROD with NOTICES SUMMARY: 3 Although ATL initially submitted its verified notice on March 19, 2020, the date of its supplement is considered the filing date and the basis for all dates in this notice. VerDate Sep<11>2014 18:00 Apr 09, 2020 Jkt 250001 intellectual property, and innovation. The U.S. Trade Representative initiated the exclusion process in July 2018 and, to date, has granted ten sets of exclusions under the $34 billion action. The third set of exclusions was published in April 2019 and will expire in April 2020. On February 5, 2020, the U.S. Trade Representative established a process for the public to comment on whether to extend particular exclusions granted in April 2019 for up to 12 months. This notice announces the U.S. Trade Representative’s determination to extend certain exclusions for 12 months. DATES: The product exclusion extensions announced in this notice will apply as of April 18, 2020, and extend for one year. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, contact Assistant General Counsels Philip Butler or Benjamin Allen, or Director of Industrial Goods Justin Hoffmann at (202) 395–5725. For specific questions on customs classification or implementation of the product exclusions identified in the Annex to this notice, contact traderemedy@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: A. Background For background on the proceedings in this investigation, please see prior notices including 82 FR 40213 (August 23, 2017), 83 FR 14906 (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 32181 (July 11, 2018), 83 FR 67463 (December 28, 2018), 84 FR 11152 (March 25, 2019), 84 FR 16310 (April 18, 2019), 84 FR 21389 (May 14, 2019), 84 FR 25895 (June 4, 2019), 84 FR 32821 (July 9, 2019), 84 FR 46212 (September 3, 2019), 84 FR 49564 (September 20, 2019), 84 FR 52567 (October 2, 2019), 84 FR 58427 (October 31, 2019), 84 FR 70616 (December 23, 2019), 84 FR 72102 (December 30, 2019), 85 FR 6687 (February 5, 2020), 85 FR 12373 (March 2, 2020), and 85 FR 16181 (March 20, 2020). Effective July 6, 2018, the U.S. Trade Representative imposed additional 25 percent duties on goods of China classified in 818 8-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $34 billion. See 83 FR 28710 (the $34 billion action). The U.S. Trade Representative’s determination included a decision to establish a process by which U.S. stakeholders could request exclusion of particular products classified within an 8-digit HTSUS subheading covered by PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 the $34 billion action from the additional duties. The U.S. Trade Representative issued a notice setting out the process for the product exclusions, and opened a public docket. See 83 FR 32181 (the July 11 notice). In April 2019, the U.S. Trade Representative granted a set of exclusion requests, which expire on April 18, 2020. See 83 FR 67463 (the April 18 notice). On February 5, 2020, the U.S. Trade Representative invited the public to comment on whether to extend, by up to 12 months, particular exclusions granted in the April 18 notice. See 85 FR 6687 (the February 5 notice). Under the February 5 notice, commenters were asked to address whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries; any changes in the global supply chain since July 2018 with respect to the particular product, or any other relevant industry developments; and efforts, if any, importers or U.S. purchasers have undertaken since July 2018 to source the product from the United States or third countries. In addition, commenters who were importers and/or purchasers of the products covered by an exclusion were asked to provide information regarding their efforts since July 2018 to source the product from the United States or third countries; the value and quantity of the Chinese-origin product covered by the specific exclusion request purchased in 2018, the first half of 2018, and the first half of 2019, and whether these purchases are from a related company; whether Chinese suppliers have lowered their prices for products covered by the exclusion following the imposition of duties; the value and quantity of the product covered by the exclusion purchased from domestic and third country sources in 2018, the first half of 2018 and the first half of 2019; the commenter’s gross revenue for 2018, the first half of 2018, and the first half of 2019; whether the Chinese-origin product of concern is sold as a final product or as an input; whether the imposition of duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests; and any additional information in support or in opposition of the extending the exclusion. The February 5 notice required the submission of comments no later than March 16, 2020. E:\FR\FM\10APN1.SGM 10APN1 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Notices lotter on DSKBCFDHB2PROD with NOTICES B. Determination To Extend Certain Exclusions Based on the evaluation of the factors set out in the July 11 notice and February 5 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 extend for 12 months certain product exclusions covered by the February 5 notice, as 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 concerning the extension of the pertinent exclusion. In accordance with the July 11 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 headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. As set out in the Annex, the U.S. Trade Representative has determined to extend the following exclusions granted under the April 18, 2019 notice under heading 9903.88.07 and under U.S. note 20(j) to subchapter III of chapter 99 of the HTSUS: (2), (4), (6), (7), (11), (12), (14), and (21). ANNEX Effective with respect to good entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on July 6, 2018, and before April 18, 2021, the additional duties provided for in heading 9903.88.01 shall not apply to products which are provided for in heading 9903.88.07 and described by U.S. notes 20(j)(2), 20(j)(4), 20(j)(6), 20(j)(7), 20(j)(11), 20(j)(12), 20(j)(14) and 20(j)(21) to subchapter III of chapter 99 of the HTSUS, as follows: (2) Roller machines designed for cutting, etching or embossing paper, foil or fabric, manually powered (described in statistical reporting number 8420.10.9080) (4) Ratchet winches designed for use with textile fabric strapping (described in statistical reporting number (8425.39.0100) (6) Counterweight castings of iron or steel designed for use on fork lift and other work trucks (described in statistical reporting number 8431.20.0000) VerDate Sep<11>2014 18:00 Apr 09, 2020 Jkt 250001 (7) Tines, carriages, and other goods handling apparatus and parts designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000) (11) Reject doors, pin protectors, liners, front walls, grates, hammers, rotor and end disc caps, and anvil and breaker bars, of iron or steel, the foregoing parts of metal shredders (described in statistical reporting number 8479.90.9496) (12) Steering wheels designed for watercraft, of stainless steel, having a wheel diameter exceeding 27 cm but not exceeding 78 cm (described in statistical reporting number 8479.90.9496) (14) Pipe brackets of aluminum, each with 4 ports, the foregoing measuring 27.9 cm x 20.3 cm x 17.8 cm and weighing 11.34 kg, designed for installation into air brake control valves (described in statistical reporting number 8481.90.9040) (21) Instruments for measuring or checking voltage or electrical connections; electrical circuit tracers (described in statistical reporting number 9030.33.3800) Joseph Barloon, General Counsel, Office of the U.S. Trade Representative. [FR Doc. 2020–07564 Filed 4–9–20; 8:45 am] BILLING CODE 3290–F0–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2020–0379] Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: Operational Waivers for Small Unmanned Aircraft Systems Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request Office of Management and Budget (OMB) approval for a new information collection. The FAA proposes collecting information about requests for waivers from certain operational rules that apply to small unmanned aircraft systems (sUAS). The FAA will use the collected information to make determinations whether to authorize or deny the requested operations of sUAS. The proposed information collection is SUMMARY: PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 20333 necessary to issue such authorizations or denials consistent with the FAA’s mandate to ensure safe and efficient use of national airspace. DATES: Written comments should be submitted by June 9, 2020. ADDRESSES: Please send written comments: By Electronic Docket: www.regulations.gov (Enter docket number into search field). By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC 20591. By fax: (202) 267–1078. FOR FURTHER INFORMATION CONTACT: Jeremy Grogan by email at: jeremy.grogan@faa.gov; phone: (405) 666–1187 SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. OMB Control Number: 2120–XXXX. Title: Operational Waivers for Small Unmanned Aircraft Systems. Form Numbers: N/A (Online Portal). Type of Review: New. Background: The FAA has seen increased operations of small unmanned aircraft systems (sUAS) flying under 14 CFR part 107. Under 14 CFR 107.205, operators of small UAS may seek waivers from certain operational rules. The FAA is updating and modernizing the process for applying for such waivers using the DroneZone website. These improvements will facilitate the process of collecting and submitting the information required as part of a waiver application. The reporting burdens for operational waiver applications are currently covered by Information Collection Request (ICR) 2120–0768. As part of this effort, the FAA is creating a new ICR just for operational waiver applications. In order to process operational waiver requests, the FAA requires the operator’s name, the operator’s contact information, and information related to the date, place, and time of the requested small UAS operation. Additional information is required related to the proposed waiver and any necessary mitigations. The FAA will use the requested information to E:\FR\FM\10APN1.SGM 10APN1

Agencies

[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20332-20333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07564]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Product Exclusion Extensions: 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 exclusion extensions.

-----------------------------------------------------------------------

SUMMARY: Effective July 6, 2018, the U.S. Trade Representative imposed 
additional duties on goods of China with an annual trade value of 
approximately $34 billion as part of the action in the Section 301 
investigation of China's acts, policies, and practices related to 
technology transfer, intellectual property, and innovation. The U.S. 
Trade Representative initiated the exclusion process in July 2018 and, 
to date, has granted ten sets of exclusions under the $34 billion 
action. The third set of exclusions was published in April 2019 and 
will expire in April 2020. On February 5, 2020, the U.S. Trade 
Representative established a process for the public to comment on 
whether to extend particular exclusions granted in April 2019 for up to 
12 months. This notice announces the U.S. Trade Representative's 
determination to extend certain exclusions for 12 months.

DATES: The product exclusion extensions announced in this notice will 
apply as of April 18, 2020, and extend for one year. U.S. Customs and 
Border Protection will issue instructions on entry guidance and 
implementation.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Assistant General Counsels Philip Butler or Benjamin 
Allen, or Director of Industrial Goods Justin Hoffmann at (202) 395-
5725. For specific questions on customs classification or 
implementation of the product exclusions identified in the Annex to 
this notice, contact [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    For background on the proceedings in this investigation, please see 
prior notices including 82 FR 40213 (August 23, 2017), 83 FR 14906 
(April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 32181 (July 11, 
2018), 83 FR 67463 (December 28, 2018), 84 FR 11152 (March 25, 2019), 
84 FR 16310 (April 18, 2019), 84 FR 21389 (May 14, 2019), 84 FR 25895 
(June 4, 2019), 84 FR 32821 (July 9, 2019), 84 FR 46212 (September 3, 
2019), 84 FR 49564 (September 20, 2019), 84 FR 52567 (October 2, 2019), 
84 FR 58427 (October 31, 2019), 84 FR 70616 (December 23, 2019), 84 FR 
72102 (December 30, 2019), 85 FR 6687 (February 5, 2020), 85 FR 12373 
(March 2, 2020), and 85 FR 16181 (March 20, 2020).
    Effective July 6, 2018, the U.S. Trade Representative imposed 
additional 25 percent duties on goods of China classified in 818 8-
digit subheadings of the Harmonized Tariff Schedule of the United 
States (HTSUS), with an approximate annual trade value of $34 billion. 
See 83 FR 28710 (the $34 billion action). The U.S. Trade 
Representative's determination included a decision to establish a 
process by which U.S. stakeholders could request exclusion of 
particular products classified within an 8-digit HTSUS subheading 
covered by the $34 billion action from the additional duties. The U.S. 
Trade Representative issued a notice setting out the process for the 
product exclusions, and opened a public docket. See 83 FR 32181 (the 
July 11 notice).
    In April 2019, the U.S. Trade Representative granted a set of 
exclusion requests, which expire on April 18, 2020. See 83 FR 67463 
(the April 18 notice). On February 5, 2020, the U.S. Trade 
Representative invited the public to comment on whether to extend, by 
up to 12 months, particular exclusions granted in the April 18 notice. 
See 85 FR 6687 (the February 5 notice).
    Under the February 5 notice, commenters were asked to address 
whether the particular product and/or a comparable product is available 
from sources in the United States and/or in third countries; any 
changes in the global supply chain since July 2018 with respect to the 
particular product, or any other relevant industry developments; and 
efforts, if any, importers or U.S. purchasers have undertaken since 
July 2018 to source the product from the United States or third 
countries.
    In addition, commenters who were importers and/or purchasers of the 
products covered by an exclusion were asked to provide information 
regarding their efforts since July 2018 to source the product from the 
United States or third countries; the value and quantity of the 
Chinese-origin product covered by the specific exclusion request 
purchased in 2018, the first half of 2018, and the first half of 2019, 
and whether these purchases are from a related company; whether Chinese 
suppliers have lowered their prices for products covered by the 
exclusion following the imposition of duties; the value and quantity of 
the product covered by the exclusion purchased from domestic and third 
country sources in 2018, the first half of 2018 and the first half of 
2019; the commenter's gross revenue for 2018, the first half of 2018, 
and the first half of 2019; whether the Chinese-origin product of 
concern is sold as a final product or as an input; whether the 
imposition of duties on the products covered by the exclusion will 
result in severe economic harm to the commenter or other U.S. 
interests; and any additional information in support or in opposition 
of the extending the exclusion.
    The February 5 notice required the submission of comments no later 
than March 16, 2020.

[[Page 20333]]

B. Determination To Extend Certain Exclusions

    Based on the evaluation of the factors set out in the July 11 
notice and February 5 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 extend 
for 12 months certain product exclusions covered by the February 5 
notice, as 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 concerning the extension of 
the pertinent exclusion.
    In accordance with the July 11 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 headings 
and product descriptions in the Annex to this notice, and not by the 
product descriptions set out in any particular request for exclusion.
    As set out in the Annex, the U.S. Trade Representative has 
determined to extend the following exclusions granted under the April 
18, 2019 notice under heading 9903.88.07 and under U.S. note 20(j) to 
subchapter III of chapter 99 of the HTSUS: (2), (4), (6), (7), (11), 
(12), (14), and (21).

ANNEX

    Effective with respect to good entered for consumption, or 
withdrawn from warehouse for consumption, on or after 12:01 a.m. 
eastern daylight time on July 6, 2018, and before April 18, 2021, the 
additional duties provided for in heading 9903.88.01 shall not apply to 
products which are provided for in heading 9903.88.07 and described by 
U.S. notes 20(j)(2), 20(j)(4), 20(j)(6), 20(j)(7), 20(j)(11), 
20(j)(12), 20(j)(14) and 20(j)(21) to subchapter III of chapter 99 of 
the HTSUS, as follows:
    (2) Roller machines designed for cutting, etching or embossing 
paper, foil or fabric, manually powered (described in statistical 
reporting number 8420.10.9080)
    (4) Ratchet winches designed for use with textile fabric strapping 
(described in statistical reporting number (8425.39.0100)
    (6) Counterweight castings of iron or steel designed for use on 
fork lift and other work trucks (described in statistical reporting 
number 8431.20.0000)
    (7) Tines, carriages, and other goods handling apparatus and parts 
designed for use on fork lift and other works trucks (described in 
statistical reporting number 8431.20.0000)
    (11) Reject doors, pin protectors, liners, front walls, grates, 
hammers, rotor and end disc caps, and anvil and breaker bars, of iron 
or steel, the foregoing parts of metal shredders (described in 
statistical reporting number 8479.90.9496)
    (12) Steering wheels designed for watercraft, of stainless steel, 
having a wheel diameter exceeding 27 cm but not exceeding 78 cm 
(described in statistical reporting number 8479.90.9496)
    (14) Pipe brackets of aluminum, each with 4 ports, the foregoing 
measuring 27.9 cm x 20.3 cm x 17.8 cm and weighing 11.34 kg, designed 
for installation into air brake control valves (described in 
statistical reporting number 8481.90.9040)
    (21) Instruments for measuring or checking voltage or electrical 
connections; electrical circuit tracers (described in statistical 
reporting number 9030.33.3800)

Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
[FR Doc. 2020-07564 Filed 4-9-20; 8:45 am]
 BILLING CODE 3290-F0-P