Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 27489-27505 [2020-09828]

Download as PDF Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices Colleton, Hampton, Marlboro, Oconee, Orangeburg, Pickens. Contiguous Counties (Economic Injury Loans Only): South Carolina: Allendale, Anderson, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Chesterfield, Clarendon, Darlington, Dillon, Dorchester, Edgefield, Florence, Greenville, Jasper, Lexington, Saluda Georgia: Burke, Effingham, Franklin, Habersham, Hart, Rabun, Richmond, Screven, Stephens North Carolina: Anson, Jackson, Macon, Richmond, Robeson, Scotland, Transylvania The Interest Rates are: Percent For Physical Damage: Homeowners With Credit Available Elsewhere ...................... Homeowners Without Credit Available Elsewhere .............. Businesses With Credit Available Elsewhere ...................... Businesses Without Credit Available Elsewhere .............. Non-Profit Organizations With Credit Available Elsewhere ... Non-Profit Organizations Without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere .............. Non-Profit Organizations Without Credit Available Elsewhere ..................................... 3.125 1.563 3.750 2.750 2.750 3.750 2.750 Cynthia G. Pitts, Acting Associate Administrator for Disaster Assistance. [FR Doc. 2020–09811 Filed 5–7–20; 8:45 am] BILLING CODE 8026–03–P DEPARTMENT OF STATE [Public Notice: 11111] Foreign Affairs Policy Board Meeting Notice Notice of closed meeting. The Department of State announces a meeting of the Foreign Affairs Policy Board to take place on June 1, 2020. Pursuant to section 10(d) of the Federal Advisory Committee Act, it has been determined that this meeting will be closed to the public as the Board SUMMARY: 19:18 May 07, 2020 [FR Doc. 2020–09887 Filed 5–7–20; 8:45 am] BILLING CODE 4710–10–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: (Catalog of Federal Domestic Assistance Number 59008) VerDate Sep<11>2014 Duncan H. Walker, Designated Federal Officer, Office of Policy Planning, Department of State. 7.500 The number assigned to this disaster for physical damage is 16435B and for economic injury is 164360. ACTION: will be reviewing and discussing matters properly classified in accordance with the Executive Order titled, ‘‘Classified National Security Information.’’ FOR FURTHER INFORMATION CONTACT: Duncan Walker, Office of Policy Planning, U.S. Department of State, Washington, DC 20520, phone: (202) 647–2236. SUPPLEMENTARY INFORMATION: The Foreign Affairs Policy Board reviews and assesses: (1) Global threats and opportunities; (2) trends that implicate core national security interests; (3) technology tools needed to advance the State Department’s mission; and (4) priorities and strategic frameworks for U.S. foreign policy. Jkt 250001 In September 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 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 a product exclusion process in June 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, and corrects technical errors in previously announced exclusions. DATES: The product exclusions announced in this notice will apply as of September 24, 2018, the effective date of the $200 billion action, and extend to August 7, 2020. The amendments announced in this notice are retroactive to the date that the original exclusions were published. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, SUMMARY: PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 27489 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 47974 (September 21, 2018), 83 FR 49153 (September 28, 2018), 83 FR 65198 (December 19, 2018), 84 FR 7966 (March 5, 2019), 84 FR 20459 (May 9, 2019), 84 FR 29576 (June 24, 2019), 84 FRN 38717 (August 7, 2019), 84 FR 46212 (September 3, 2019), 84 FR 49591 (September 20, 2019), 84 FR 57803 (October 28, 2019), 84 FR 61674 (November 13, 2019), 84 FR 65882 (November 29, 2019), 84 FR 69012 (December 17, 2019), 85 FR 549 (January 6, 2020), 85 FR 6674 (February 5, 2020), 85 FR 9921 (February 20, 2020), 85 FR 15015 (March 16, 2020), 85 FR 17158 (March 26, 2020), and 85 FR 23122 (April 24, 2020). Effective September 24, 2018, the U.S. Trade Representative imposed additional 10 percent ad valorem duties on goods of China classified in 5,757 full and partial subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $200 billion. See 83 FR 47974, as modified by 83 FR 49153. In May 2019, the U.S. Trade Representative increased the additional duty to 25 percent. See 84 FR 20459. On June 24, 2019, the U.S. Trade Representative established a process by which stakeholders could request exclusion of particular products classified within an 8-digit HTSUS subheading covered by the $200 billion action from the additional duties. See 84 FR 29576 (the June 24 notice). Under the June 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 HTSUS subheading covered by the $200 billion action. Requestors also had to provide the 10digit HTSUS subheading most applicable to the particular product requested for exclusion, and could submit information on the ability of U.S. Customs and Border Protection to E:\FR\FM\08MYN1.SGM 08MYN1 27490 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 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. 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 June 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 June 24 notice required submission of requests for exclusion from the $200 billion action no later than September 30, 2019, and noted that the U.S. Trade Representative periodically would announce decisions. In August 2019, the U.S. Trade Representative granted an initial set of exclusion requests. See 84 FR 38717. The U.S. Trade Representative granted additional exclusions in September, October, November and December 2019, and in January, February, March and VerDate Sep<11>2014 18:50 May 07, 2020 Jkt 250001 April 2020. See 84 FR 49591, 84 FR 57803, 84 FR 61674, 84 FR 65882, 84 FR 69012, 85 FR 549, 85 FR 6674, 85 FR 9921, 85 FR 15015, 85 FR 17158, and 85 FR 23122. The Office of the United States Trade Representative (USTR) regularly updates the status of each pending request on the Exclusions Portal at https://exclusions.ustr.gov/s/ docket?docketNumber=USTR-20190005. B. Determination To Grant Certain Exclusions Based on evaluation of the factors set forth in the June 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 forth 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 forth in the Annex, the exclusions are reflected in two 10-digit HTSUS subheadings, which cover 15 separate exclusion requests, and 144 specially prepared product descriptions, which cover 170 separate exclusion requests. In accordance with the June 24 notice, the exclusions are available for any product that meets the description in the Annex, regardless of whether the importer benefitting from the product PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 exclusion filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the product descriptions in the Annex, and not by the product descriptions found in any particular request for exclusion. Paragraph A, subparagraphs 3 through 7 of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex. Paragraph B of the Annex contains amendments reflecting technical corrections to a certain notes of the HTSUS. Paragraph B, subparagraph 1, makes a technical correction to U.S. note 20(mm)(6), published at 84 FR 61674 (November 13, 2019), as modified by Annex B(b) of 85 FR 9921 (February 20, 2020). Paragraph B, subparagraph 2, makes a technical correction to U.S. note (20)(qq)(40), published at 85 FR 6674 (February 5, 2020). Paragraph B, subparagraph 3, makes a technical correction to U.S. note (20)(ss)(17), published at 85 FR 9921 (February 20, 2020). As stated in the September 20, 2019 notice, the exclusions will apply from September 24, 2018, to August 7, 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. BILLING CODE 3290–FO–P E:\FR\FM\08MYN1.SGM 08MYN1 VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 27491 EN08MY20.000</GPH> Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 EN08MY20.001</GPH> 27492 VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 27493 EN08MY20.002</GPH> Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 EN08MY20.003</GPH> 27494 VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 27495 EN08MY20.004</GPH> Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00145 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 EN08MY20.005</GPH> 27496 VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 27497 EN08MY20.006</GPH> Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 EN08MY20.007</GPH> 27498 VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 27499 EN08MY20.008</GPH> Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 EN08MY20.009</GPH> 27500 VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 27501 EN08MY20.010</GPH> Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 EN08MY20.011</GPH> 27502 VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 27503 EN08MY20.012</GPH> Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4725 E:\FR\FM\08MYN1.SGM 08MYN1 EN08MY20.013</GPH> 27504 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 27505 [FR Doc. 2020–09828 Filed 5–7–20; 8:45 am] VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 PO 00000 Frm 00154 Fmt 4703 Sfmt 9990 E:\FR\FM\08MYN1.SGM 08MYN1 EN08MY20.014</GPH> BILLING CODE 3290–F0–C

Agencies

[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27489-27505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09828]


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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: In September 2018, the U.S. Trade Representative imposed 
additional duties on goods of China with an annual trade value of 
approximately $200 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 a product exclusion process in June 
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, and corrects technical errors in 
previously announced exclusions.

DATES: The product exclusions announced in this notice will apply as of 
September 24, 2018, the effective date of the $200 billion action, and 
extend to August 7, 2020. The amendments announced in this notice are 
retroactive to the date that the original exclusions were published.

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 47974 (September 21, 2018), 
83 FR 49153 (September 28, 2018), 83 FR 65198 (December 19, 2018), 84 
FR 7966 (March 5, 2019), 84 FR 20459 (May 9, 2019), 84 FR 29576 (June 
24, 2019), 84 FRN 38717 (August 7, 2019), 84 FR 46212 (September 3, 
2019), 84 FR 49591 (September 20, 2019), 84 FR 57803 (October 28, 
2019), 84 FR 61674 (November 13, 2019), 84 FR 65882 (November 29, 
2019), 84 FR 69012 (December 17, 2019), 85 FR 549 (January 6, 2020), 85 
FR 6674 (February 5, 2020), 85 FR 9921 (February 20, 2020), 85 FR 15015 
(March 16, 2020), 85 FR 17158 (March 26, 2020), and 85 FR 23122 (April 
24, 2020).
    Effective September 24, 2018, the U.S. Trade Representative imposed 
additional 10 percent ad valorem duties on goods of China classified in 
5,757 full and partial subheadings of the Harmonized Tariff Schedule of 
the United States (HTSUS), with an approximate annual trade value of 
$200 billion. See 83 FR 47974, as modified by 83 FR 49153. In May 2019, 
the U.S. Trade Representative increased the additional duty to 25 
percent. See 84 FR 20459. On June 24, 2019, the U.S. Trade 
Representative established a process by which stakeholders could 
request exclusion of particular products classified within an 8-digit 
HTSUS subheading covered by the $200 billion action from the additional 
duties. See 84 FR 29576 (the June 24 notice).
    Under the June 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 HTSUS subheading covered by the $200 billion 
action. Requestors also had to provide the 10-digit HTSUS subheading 
most applicable to the particular product requested for exclusion, and 
could submit information on the ability of U.S. Customs and Border 
Protection to

[[Page 27490]]

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. 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 June 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 June 24 notice required submission of requests for exclusion 
from the $200 billion action no later than September 30, 2019, and 
noted that the U.S. Trade Representative periodically would announce 
decisions. In August 2019, the U.S. Trade Representative granted an 
initial set of exclusion requests. See 84 FR 38717. The U.S. Trade 
Representative granted additional exclusions in September, October, 
November and December 2019, and in January, February, March and April 
2020. See 84 FR 49591, 84 FR 57803, 84 FR 61674, 84 FR 65882, 84 FR 
69012, 85 FR 549, 85 FR 6674, 85 FR 9921, 85 FR 15015, 85 FR 17158, and 
85 FR 23122. The Office of the United States Trade Representative 
(USTR) regularly updates the status of each pending request on the 
Exclusions Portal at https://exclusions.ustr.gov/s/docket?docketNumber=USTR-2019-0005.

B. Determination To Grant Certain Exclusions

    Based on evaluation of the factors set forth in the June 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 forth 
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 forth in the Annex, the exclusions are reflected in two 10-
digit HTSUS subheadings, which cover 15 separate exclusion requests, 
and 144 specially prepared product descriptions, which cover 170 
separate exclusion requests.
    In accordance with the June 24 notice, the exclusions are available 
for any product that meets the description in the Annex, regardless of 
whether the importer benefitting from the product exclusion filed an 
exclusion request. Further, the scope of each exclusion is governed by 
the scope of the product descriptions in the Annex, and not by the 
product descriptions found in any particular request for exclusion.
    Paragraph A, subparagraphs 3 through 7 of the Annex contain 
conforming amendments to the HTSUS reflecting the modifications made by 
the Annex.
    Paragraph B of the Annex contains amendments reflecting technical 
corrections to a certain notes of the HTSUS. Paragraph B, subparagraph 
1, makes a technical correction to U.S. note 20(mm)(6), published at 84 
FR 61674 (November 13, 2019), as modified by Annex B(b) of 85 FR 9921 
(February 20, 2020). Paragraph B, subparagraph 2, makes a technical 
correction to U.S. note (20)(qq)(40), published at 85 FR 6674 (February 
5, 2020). Paragraph B, subparagraph 3, makes a technical correction to 
U.S. note (20)(ss)(17), published at 85 FR 9921 (February 20, 2020).
    As stated in the September 20, 2019 notice, the exclusions will 
apply from September 24, 2018, to August 7, 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.
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[FR Doc. 2020-09828 Filed 5-7-20; 8:45 am]
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