Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 28693-28695 [2020-10235]
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Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Notices
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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
33608 (July 17, 2018), 83 FR 38760
(August 7, 2018), 83 FR 40823 (August
16, 2018), 83 FR 47974 (September 21,
2018), 83 FR 65198 (December 19,
2018), 83 FR 67463 (December 28,
2018), 84 FR 7966 (March 5, 2019), 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 49564
(September 20, 2019), 84 FR 52567
(October 2, 2019), 84 FR 69016
(December 17, 2019), and 85 FR 7816
(February 11, 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 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).
Under the July 11 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 $34 billion action. Requestors
also had to provide the 10-digit
subheading of the HTSUS most
applicable to the particular product
requested for exclusion, and could
submit information on the ability of U.S.
Customs and Border Protection to
administer the requested exclusion.
Requestors were asked to provide the
quantity and value of the Chinese-origin
product that the requestor purchased in
the last three years. 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.
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19:53 May 12, 2020
Jkt 250001
• 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 July 11 notice stated that the U.S.
Trade Representative would take into
account whether an exclusion would
undermine the objectives of the Section
301 investigation.
The July 11 notice required
submission of requests for exclusion
from the $34 billion action no later than
October 9, 2018, and noted that the U.S.
Trade Representative periodically
would announce decisions. In December
2018, the U.S. Trade Representative
granted an initial set of exclusion
requests. See 83 FR 67463. The U.S.
Trade Representative granted additional
exclusions in March, April, May, June,
July, September, October, and December
2019, and February 2020. See 84 FR
49600; 84 FR 52553; 85 FR 10808; 84 FR
11152; 84 FR 16310; 84 FR 21389; 84 FR
25895; 84 FR 32821; 84 FR 49564; 84 FR
52567; 84 FR 69016; and 85 FR 7816.
B. Technical Amendments to
Exclusions
Subparagraph A of the Annex makes
two technical amendments to U.S. notes
20(q)(184), and 20(q)(228) to subchapter
III of chapter 99 of the HTSUS, as set
out in the Annex of the notice published
at 84 FR 49564 (September 20, 2019).
The U.S. Trade Representative will
continue to issue determinations on a
periodic basis as needed.
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 July 6, 2018:
1. U.S. note 20(q)(184) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States is modified by
deleting ‘‘AC motors, multi-phase, of an
output exceeding 37.5 W but not exceeding
74.6 W, each fitted with a timing belt
(described in statistical reporting number
8501.51.4040)’’ and inserting ‘‘AC motors, 3
phase, fitted with a timing belt and of an
output no less than 90 W but not exceeding
135 W (described in statistical reporting
number 8501.51.4040)’’ in lieu thereof.
2. U.S. note 20(q)(228) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States is modified by
deleting ‘‘each valued not over $18’’ and
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28693
inserting ‘‘each valued not over $39’’ in lieu
thereof.
Joseph Barloon,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2020–10232 Filed 5–12–20; 8:45 am]
BILLING CODE 3290–F0–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusions: China’s
Acts, Policies, and Practices Related to
Technology Transfer, Intellectual
Property, and Innovation
Office of the United States
Trade Representative.
ACTION: Notice of product exclusions.
AGENCY:
On August 20, 2019, at the
direction of the President, the U.S.
Trade Representative determined to
modify the action being taken in the
Section 301 investigation of China’s
acts, policies, and practices related to
technology transfer, intellectual
property, and innovation by imposing
additional duties of 10 percent ad
valorem on goods of China with an
annual trade value of approximately
$300 billion. The additional duties on
products in List 1, which is set out in
Annex A of that action, became effective
on September 1, 2019. On August 30,
2019, at the direction of the President,
the U.S. Trade Representative
determined to increase the rate of the
additional duty applicable to the tariff
subheadings covered by the action
announced in the August 20 notice from
10 percent to 15 percent. On January 22,
2020, the U.S. Trade Representative
determined to reduce the rate from 15
percent to 7.5 percent. The U.S. Trade
Representative initiated a product
exclusion process in October 2019, and
interested persons have submitted
requests for the exclusion of specific
products. This notice announces the
U.S. Trade Representative’s
determination to grant certain exclusion
requests, as specified in the Annex to
this notice, and corrects a technical
error in a previously announced
exclusion. 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 $300 billion action, and
will extend to September 1, 2020.
FOR FURTHER INFORMATION CONTACT: For
general questions about this notice,
contact Assistant General Counsels
Philip Butler or Megan Grimball, or
SUMMARY:
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13MYN1
28694
Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
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), 85 FR 15244
(March 17, 2020), and 85 FR 17936
(March 31, 2020).
In a notice published on August 20,
2019, the U.S. Trade Representative, at
the direction of the President,
announced a determination to modify
the action being taken in the Section
301 investigation by imposing an
additional 10 percent ad valorem duty
on products of China with an annual
aggregate trade value of approximately
$300 billion. 84 FR 43304 (August 20,
2019) (the August 20 notice). The
August 20 notice contains two separate
lists of tariff subheadings, with two
different effective dates. List 1, which is
set out in Annex A of the August 20
notice, was effective September 1, 2019.
List 2, which is set out in Annex C of
the August 20 notice, was scheduled to
take effect on December 15, 2019.
On August 30, 2019, the U.S. Trade
Representative, at the direction of the
President, determined to modify the
action being taken in the investigation
by increasing the rate of additional duty
from 10 to 15 percent ad valorem on the
goods of China specified in Annex A
(List 1) and Annex C (List 2) of the
August 20 notice. See 84 FR 45821. On
October 24, 2019, the U.S. Trade
Representative established a process by
which U.S. stakeholders could request
exclusion of particular products
classified within an 8-digit Harmonized
Tariff Schedule of the United States
(HTSUS) subheading covered by List 1
of the $300 billion action from the
additional duties. See 84 FR 57144 (the
October 24 notice). Subsequently, the
U.S. Trade Representative announced a
determination to suspend until further
notice the additional duties on products
set out in Annex C (List 2) of the August
VerDate Sep<11>2014
19:53 May 12, 2020
Jkt 250001
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 $300 billion action. Requestors
also had to provide the 10-digit
subheading of the HTSUS most
applicable to the particular product
requested for exclusion, and could
submit information on the ability of U.S.
Customs and Border Protection to
administer the requested exclusion.
Requestors were asked to provide the
quantity and value of the Chinese-origin
product that the requestor purchased in
the last three years, among other
information. With regard to the rationale
for the requested exclusion, requests
had to address the following factors:
• Whether the particular product is
available only from China and
specifically whether the particular
product and/or a comparable product is
available from sources in the United
States and/or third countries.
• Whether the imposition of
additional duties on the particular
product would cause severe economic
harm to the requestor or other U.S.
interests.
• Whether the particular product is
strategically important or related to
‘‘Made in China 2025’’ or other Chinese
industrial programs.
The October 24 notice stated that the
U.S. Trade Representative would take
into account whether an exclusion
would undermine the objectives of the
Section 301 investigation.
The October 24 notice required
submission of requests for exclusion
from List 1 of the $300 billion action no
later than January 31, 2020, and noted
that the U.S. Trade Representative
periodically would announce decisions.
In March 2020, the U.S. Trade
Representative announced three sets of
exclusions. See 85 FR 13970, 85 FR
15244, and 85 FR 17936. 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.
PO 00000
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Fmt 4703
Sfmt 4703
B. Determination to Grant Certain
Exclusions
Based on the 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 three 10-digit
HTSUS subheadings and five specially
prepared product descriptions, which
together respond to 27 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.
Paragraph A, subparagraphs (3)–(4) of
the Annex contain conforming
amendments to the HTSUS reflecting
the modifications made by the Annex.
Paragraph B, subparagraph (1) makes
a technical correction to U.S. note
20(uu)(9), published at 85 FR 15244
(March 17, 2020).
As stated in the October 24 notice, the
exclusions will apply from September 1,
2019, the effective date of List 1 of the
$300 billion action, and will extend for
one year to September 1, 2020. U.S.
Customs and Border Protection will
issue instructions on entry guidance and
implementation.
The U.S. Trade Representative will
continue to issue determinations on
pending requests on a periodic basis.
Joseph Barloon,
General Counsel, Office of the United States
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 9903.88.47 in numerical
E:\FR\FM\13MYN1.SGM
13MYN1
Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Notices
sequence, with the material in the new
heading inserted in the columns of the
HTSUS labeled ‘‘Heading/Subheading’’,
28695
‘‘Article Description’’, and ‘‘Rates of
Duty 1—General’’, respectively:
Rates of duty
Heading/subheading
Article description
1
2
General
jbell on DSKJLSW7X2PROD with NOTICES
‘‘9903.88.47 ......
Articles the product of China, as provided for in U.S. note
20(zz) 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(zz) to subchapter III of chapter
99 in numerical sequence:
‘‘(zz) 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) 3306.20.0000
(2) 6506.10.6030
(3) 8512.10.4000
(4) Tumblers or disposable graduated
liners for pitchers, of plastics, of a
kind used in healthcare facilities
(described in statistical reporting
number 3924.10.4000)
(5) Disposable identification wristbands
of plastics, designed to be worn by
patients during medical procedures,
each consisting of a plastics strip with
an integrated window for inserting
paper with relevant patient
identification information, such
bracelets measuring 0.95 cm or more
but not more than 3.2 cm in width
and having a secure closure
(described in statistical reporting
number 3926.90.9990)
(6) Manually operated pill or tablet
crushers of plastics, presented with
attachable pouches of plastics for
capturing and storing the resulting
powders (described in statistical
reporting number 8479.82.0080)
(7) Tracking devices, each device
measuring not more than 86 mm on
a side (if rectangular) or 28 mm in
diameter (if circular) and not more
than 7.5 mm in thickness, not
weighing more than 15 g, designed to
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19:53 May 12, 2020
Jkt 250001
The duty provided in the applicable subheading’’.
be attached to another article and to
establish a Bluetooth connection with
another device for the purposes of
providing relative location
information (described in statistical
reporting number 8517.62.0090)
(8) Wireless communication apparatus
capable of receiving audio data to be
distributed to wireless speakers
(described in statistical reporting
number 8517.62.0090)’’
3. by amending the last sentence of
the first paragraph of U.S. note 20(r):
a. By deleting ‘‘or (3)’’ and by
inserting ‘‘(3)’’ in lieu thereof; and
b. by inserting ‘‘; or (4) heading
9903.88.47 and U.S. note 20(zz) to
subchapter III of chapter 99’’ after ‘‘U.S.
note 20(ww) to subchapter III of chapter
99’’.
4. by amending the article description
of heading 9903.88.15:
a. By deleting ‘‘9903.88.42 or’’ and by
inserting ‘‘9903.88.42,’’ in lieu thereof;
and
b. by inserting ‘‘or 9903.88.47’’ after
‘‘9903.88.44’’.
B. 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:
1. U.S. note 20(uu)(9) to subchapter III
of chapter 99 of the Harmonized Tariff
schedule of the United States is
modified by deleting ‘‘, single use’’ and
inserting ‘‘and particulate facepiece
respirators’’ in lieu thereof.
[FR Doc. 2020–10235 Filed 5–12–20; 8:45 am]
BILLING CODE 3290–F0–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2020–0020]
Annual Review of Country Eligibility
for Benefits Under the African Growth
and Opportunity Act
Office of the United States
Trade Representative.
ACTION: Notice of initiation of review
and request for comments.
AGENCY:
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Fmt 4703
Special
Sfmt 4703
The Office of the U.S. Trade
Representative (USTR) is announcing
the initiation of the annual review of the
eligibility of the sub-Saharan African
countries to receive the benefits of the
African Growth and Opportunity Act
(AGOA). The AGOA Implementation
Subcommittee of the Trade Policy Staff
Committee (AGOA Subcommittee) is
developing recommendations for the
President on AGOA country eligibility
for calendar year 2021. The AGOA
Subcommittee requests comments for
this review. Due to COVID–19, the
AGOA Subcommittee will foster public
participation via written submissions
rather than an in-person hearing. This
notice includes the schedule for
submission of comments and responses
to questions from the AGOA
Subcommittee related to this review.
DATES:
June 24, 2020 at 11:59 p.m. EDT:
Deadline for submission of written
comments on the eligibility of subSaharan African countries to receive the
benefits of AGOA.
July 7, 2020 at 11:59 p.m. EDT:
Deadline for the AGOA Subcommittee
to pose any questions on written
comments.
July 16, 2020 at 11:59 p.m. EDT:
Deadline for submission of commenters’
responses to questions from the AGOA
Subcommittee.
July 25, 2020 at 11:59 p.m. EDT:
Deadline for replies from other
interested parties to the written
comments and responses to questions.
August 4, 2020 at 11:59 p.m. EDT:
Deadline for the AGOA Subcommittee
to pose any additional questions on
written comments.
August 13, 2020 at 11:59 p.m. EDT:
Deadline for submission of responses to
any additional questions from the
AGOA Subcommittee.
ADDRESSES: USTR strongly prefers
electronic submissions made through
the Federal eRulemaking Portal: https://
www.regulations.gov (Regulations.gov),
using Docket Number USTR–2020–
0020. Follow the instructions for
submitting comments in ‘‘Requirements
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Notices]
[Pages 28693-28695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10235]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusions: China's Acts, Policies, and
Practices Related to Technology Transfer, Intellectual Property, and
Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of product exclusions.
-----------------------------------------------------------------------
SUMMARY: On August 20, 2019, at the direction of the President, the
U.S. Trade Representative determined to modify the action being taken
in the Section 301 investigation of China's acts, policies, and
practices related to technology transfer, intellectual property, and
innovation by imposing additional duties of 10 percent ad valorem on
goods of China with an annual trade value of approximately $300
billion. The additional duties on products in List 1, which is set out
in Annex A of that action, became effective on September 1, 2019. On
August 30, 2019, at the direction of the President, the U.S. Trade
Representative determined to increase the rate of the additional duty
applicable to the tariff subheadings covered by the action announced in
the August 20 notice from 10 percent to 15 percent. On January 22,
2020, the U.S. Trade Representative determined to reduce the rate from
15 percent to 7.5 percent. The U.S. Trade Representative initiated a
product exclusion process in October 2019, and interested persons have
submitted requests for the exclusion of specific products. This notice
announces the U.S. Trade Representative's determination to grant
certain exclusion requests, as specified in the Annex to this notice,
and corrects a technical error in a previously announced exclusion. 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 $300 billion
action, and will extend to September 1, 2020.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Assistant General Counsels Philip Butler or Megan
Grimball, or
[[Page 28694]]
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), 85
FR 15244 (March 17, 2020), and 85 FR 17936 (March 31, 2020).
In a notice published on August 20, 2019, the U.S. Trade
Representative, at the direction of the President, announced a
determination to modify the action being taken in the Section 301
investigation by imposing an additional 10 percent ad valorem duty on
products of China with an annual aggregate trade value of approximately
$300 billion. 84 FR 43304 (August 20, 2019) (the August 20 notice). The
August 20 notice contains two separate lists of tariff subheadings,
with two different effective dates. List 1, which is set out in Annex A
of the August 20 notice, was effective September 1, 2019. List 2, which
is set out in Annex C of the August 20 notice, was scheduled to take
effect on December 15, 2019.
On August 30, 2019, the U.S. Trade Representative, at the direction
of the President, determined to modify the action being taken in the
investigation by increasing the rate of additional duty from 10 to 15
percent ad valorem on the goods of China specified in Annex A (List 1)
and Annex C (List 2) of the August 20 notice. See 84 FR 45821. On
October 24, 2019, the U.S. Trade Representative established a process
by which U.S. stakeholders could request exclusion of particular
products classified within an 8-digit Harmonized Tariff Schedule of the
United States (HTSUS) subheading covered by List 1 of the $300 billion
action from the additional duties. See 84 FR 57144 (the October 24
notice). Subsequently, the U.S. Trade Representative announced a
determination to suspend until further notice the additional duties on
products set out in Annex C (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 $300 billion action.
Requestors also had to provide the 10-digit subheading of the HTSUS
most applicable to the particular product requested for exclusion, and
could submit information on the ability of U.S. Customs and Border
Protection to administer the requested exclusion. Requestors were asked
to provide the quantity and value of the Chinese-origin product that
the requestor purchased in the last three years, among other
information. With regard to the rationale for the requested exclusion,
requests had to address the following factors:
Whether the particular product is available only from
China and specifically whether the particular product and/or a
comparable product is available from sources in the United States and/
or third countries.
Whether the imposition of additional duties on the
particular product would cause severe economic harm to the requestor or
other U.S. interests.
Whether the particular product is strategically important
or related to ``Made in China 2025'' or other Chinese industrial
programs.
The October 24 notice stated that the U.S. Trade Representative
would take into account whether an exclusion would undermine the
objectives of the Section 301 investigation.
The October 24 notice required submission of requests for exclusion
from List 1 of the $300 billion action no later than January 31, 2020,
and noted that the U.S. Trade Representative periodically would
announce decisions. In March 2020, the U.S. Trade Representative
announced three sets of exclusions. See 85 FR 13970, 85 FR 15244, and
85 FR 17936. 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 the 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 three 10-
digit HTSUS subheadings and five specially prepared product
descriptions, which together respond to 27 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.
Paragraph A, subparagraphs (3)-(4) of the Annex contain conforming
amendments to the HTSUS reflecting the modifications made by the Annex.
Paragraph B, subparagraph (1) makes a technical correction to U.S.
note 20(uu)(9), published at 85 FR 15244 (March 17, 2020).
As stated in the October 24 notice, the exclusions will apply from
September 1, 2019, the effective date of List 1 of the $300 billion
action, and will extend for one year to September 1, 2020. U.S. Customs
and Border Protection will issue instructions on entry guidance and
implementation.
The U.S. Trade Representative will continue to issue determinations
on pending requests on a periodic basis.
Joseph Barloon,
General Counsel, Office of the United States 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 9903.88.47 in numerical
[[Page 28695]]
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
----------------------------------------------------------------------------------------------------------------
``9903.88.47........... Articles the product of The duty provided
China, as provided for in the applicable
in U.S. note 20(zz) 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(zz) to subchapter
III of chapter 99 in numerical sequence:
``(zz) 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) 3306.20.0000
(2) 6506.10.6030
(3) 8512.10.4000
(4) Tumblers or disposable graduated liners for pitchers, of plastics,
of a kind used in healthcare facilities (described in statistical
reporting number 3924.10.4000)
(5) Disposable identification wristbands of plastics, designed to be
worn by patients during medical procedures, each consisting of a
plastics strip with an integrated window for inserting paper with
relevant patient identification information, such bracelets measuring
0.95 cm or more but not more than 3.2 cm in width and having a secure
closure (described in statistical reporting number 3926.90.9990)
(6) Manually operated pill or tablet crushers of plastics, presented
with attachable pouches of plastics for capturing and storing the
resulting powders (described in statistical reporting number
8479.82.0080)
(7) Tracking devices, each device measuring not more than 86 mm on a
side (if rectangular) or 28 mm in diameter (if circular) and not more
than 7.5 mm in thickness, not weighing more than 15 g, designed to be
attached to another article and to establish a Bluetooth connection
with another device for the purposes of providing relative location
information (described in statistical reporting number 8517.62.0090)
(8) Wireless communication apparatus capable of receiving audio data to
be distributed to wireless speakers (described in statistical reporting
number 8517.62.0090)''
3. by amending the last sentence of the first paragraph of U.S.
note 20(r):
a. By deleting ``or (3)'' and by inserting ``(3)'' in lieu thereof;
and
b. by inserting ``; or (4) heading 9903.88.47 and U.S. note 20(zz)
to subchapter III of chapter 99'' after ``U.S. note 20(ww) to
subchapter III of chapter 99''.
4. by amending the article description of heading 9903.88.15:
a. By deleting ``9903.88.42 or'' and by inserting ``9903.88.42,''
in lieu thereof; and
b. by inserting ``or 9903.88.47'' after ``9903.88.44''.
B. 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:
1. U.S. note 20(uu)(9) to subchapter III of chapter 99 of the
Harmonized Tariff schedule of the United States is modified by deleting
``, single use'' and inserting ``and particulate facepiece
respirators'' in lieu thereof.
[FR Doc. 2020-10235 Filed 5-12-20; 8:45 am]
BILLING CODE 3290-F0-P
