Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 29503-29504 [2020-10456]
Download as PDF
Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2020–10428 Filed 5–14–20; 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,
intellectual property, and innovation.
The U.S. Trade Representative initiated
the exclusion process in July 2018 and,
to date, has granted 10 sets of exclusions
under the $34 billion action. The fourth
set of exclusions was published in May
2019 and will expire in May 2020. On
March 12, 2020, the U.S. Trade
Representative established a process for
the public to comment on whether to
extend particular exclusions granted in
May 2019 for up to 12 months. This
notice announces the U.S. Trade
Representative’s determination to
extend certain exclusions until
December 31, 2020.
DATES: The product exclusion
extensions announced in this notice
will apply as of May 14, 2020, and
extend until December 31, 2020. 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:
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
A. Background
For background on the proceedings in
this investigation, please see prior
VerDate Sep<11>2014
17:09 May 14, 2020
Jkt 250001
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 43304 (August 20,
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), 85 FR 16181 (March 20, 2020),
and 85 FR 24081 (April 30, 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 May 2019, the U.S. Trade
Representative granted a set of
exclusion requests, which expire on
May 14, 2020. See 84 FR 21389 (the May
14 notice). On March 2, 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 May 14 notice. See 85 FR
12373 (the March 2 notice).
Under the March 2 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
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
29503
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 March 2 notice required the
submission of comments no later than
April 12, 2020.
B. Determination To Extend Certain
Exclusions
Based on evaluation of the factors set
out in the July 11 notice and March 2
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 certain product exclusions
covered by the May 14 notice, as set out
in the Annex to this notice.
The March 2 notice provided that the
U.S. Trade Representative would
consider extensions of up to 12 months.
In light of the cumulative effect of
current and possible future exclusions
or extensions of exclusions on the
effectiveness of the action taken in this
investigation, the U.S. Trade
Representative has determined to
extend the exclusions in the Annex to
this notice for less than 12 months—
until December 31, 2020. To date, the
U.S. Trade Representative has granted
more than 6,200 exclusion requests, has
extended some of these exclusions, and
may consider further extensions of
exclusions. Furthermore, more than
8,600 requests are pending on the
products covered by the action taken on
August 20, 2019. The U.S. Trade
Representative will take account of the
cumulative effect of exclusions in
considering the possible further
extension of the exclusions covered by
this notice, as well as possible
extensions of exclusions of other
E:\FR\FM\15MYN1.SGM
15MYN1
29504
Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices
products covered by the action in this
investigation. The U.S. Trade
Representative’s determination also
takes into account advice from advisory
committees and any public comments
concerning 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, until December 31, 2020, the
following exclusions granted under the
May 14, 2019 notice under heading
9903.88.08 and under U.S. note 20(k) to
subchapter III of chapter 99 of the
HTSUS: (4), (5), (8), (11), (18), (19), (21),
(22), (23), (24), (25), (38), and (39).
jbell on DSKJLSW7X2PROD with NOTICES
Annex
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, and
before December 31, 2020, the additional
duties provided for in heading 9903.88.01
shall not apply to products which are
provided for in heading 9903.88.08 and U.S.
notes 20(k)(4), 20(k)(5), 20(k)(8), 20(k)(11),
20(k)(18), 20(k)(19), 20(k)(21), 20(k)(22),
20(k)(23), 20(k)(24), 20(k)(25), 20(k)(38) and
20(k)(39) to subchapter III of chapter 99 of
the HTSUS, as follows:
(4) 8481.10.0090
(5) 8483.50.9040
(8) Filtering or purifying machinery or
apparatus of a kind used for waste water
treatment (described in statistical reporting
number 8421.21.0000)
(11) Air purification equipment,
electrically powered, weighing less than 36
kg (described in statistical reporting number
8421.39.8015)
(18) Armatures designed for use in
hydraulic solenoid valves (described in
statistical reporting number 8481.90.9040)
(19) C-poles, of steel, designed for use in
hydraulic solenoid control valves (described
in statistical reporting number 8481.90.9040)
(21) Metering spools, of aluminum,
designed for use in hydraulic solenoid
control valves (described in statistical
reporting number 8481.90.9040)
(22) Metering spools, of steel, designed for
use in hydraulic solenoid control valves
(described in statistical reporting number
8481.90.9040)
(23) Poles, of steel, designed for use in
hydraulic solenoid control valves (described
in statistical reporting number 8481.90.9040)
(24) Push pins, of steel, designed for use
in hydraulic solenoid control valves
VerDate Sep<11>2014
17:09 May 14, 2020
Jkt 250001
(described in statistical reporting number
8481.90.9040)
(25) Retainers, of steel, designed for use in
hydraulic solenoid control valves (described
in statistical reporting number 8481.90.9040)
(38) Stereoscopic microscopes, not
provided with a means for photographing the
image, valued not over $500 per unit
(described in statistical reporting number
9011.10.8000)
(39) Adapter rings, tubes and extension
sleeves, stands and arm assemblies, stages
and gliding tables, eyeguards and focusing
racks, all the foregoing designed for use with
compound optical microscopes (described in
statistical reporting number 9011.90.0000)
Notice is
hereby given that FHWA has taken final
agency actions by issuing a Finding of
No Significant Impact (FONSI) for the
following highway project in the State
of Rhode Island: Reconstruction of the
Pell Bridge Approaches in the City of
Newport. The proposed action includes
realignment of the Pell Bridge ramps
and associated approach roads to
improve traffic circulation, reduce
queuing and improve safety; reconnect
neighborhoods including improved
vehicle, pedestrian and bicycle
connectivity; and support economic
Joseph Barloon,
development by maximizing land area
available for redevelopment.
General Counsel, Office of the United States
The actions by FHWA, and the laws
Trade Representative.
under which such actions were taken,
[FR Doc. 2020–10456 Filed 5–14–20; 8:45 am]
are described in the Environmental
BILLING CODE 3290–F0–P
Assessment (EA) for the project
approved on November 21, 2019, and a
DEPARTMENT OF TRANSPORTATION Finding of No Significant Impact
(FONSI) issued on April 20, 2020, and
in other documents in the project
Federal Highway Administration
records. The EA, FONSI, and other
Notice of Final Federal Agency Actions project records are available by
on Proposed Highway Project in
contacting FHWA or the Rhode Island
Rhode Island
Department of Transportation at the
addresses provided above. The EA and
AGENCY: Federal Highway
Administration (FHWA), Department of FONSI can be viewed and downloaded
from the project website at:
Transportation (DOT).
www.pellbridge-ea.com.
ACTION: Notice of limitation on claims
This notice applies to all Federal
for judicial review of actions by FHWA. agency decisions as of the issuance date
SUMMARY: This notice announces actions of this notice and all laws under which
such actions were taken, including but
taken by the FHWA that are final
not limited to:
pursuant to the statute. The actions
1. General: National Environmental
relate to a proposed highway project,
Policy
Act (NEPA) [42 U.S.C. 4321, et
Reconstruction of the Pell Bridge
seq.]; Federal-Aid Highway Act [Title
Approaches in the City of Newport in
23] and associated regulations [CFR part
the State of Rhode Island.
23].
DATES: By this notice, FHWA is advising
2. Hazardous Materials:
the public of final agency actions
Comprehensive Environmental
subject to 23 U.S.C. 139(1)(1). A claim
Response, Compensation, and Liability
seeking judicial review of the Federal
Act [42 U.S.C. 9601–9675]; Superfund
agency actions on the highway project
Amendments and Reauthorization Act
will be barred unless the claim is filed
of 1986 [Pub. L. 99–499]; Resource
on or before October 13, 2020. If the
Conservation and Recovery Act [42
Federal law that authorizes judicial
U.S.C. 6901–6992(k)]; Solid Waste
review of a claim provides a time period Disposal Act, as amended by the
of less than 150 days for filing such
Resource Conservation and Recovery
claim, then that shorter time period still Act of 1976 (42 U.S.C. 6901, et seq.).
applies.
3. Air: Clean Air Act, [42 U.S.C. 7401–
FOR FURTHER INFORMATION CONTACT: For
7671(q)] (transportation conformity)
FHWA: Mr. Carlos E. Padilla-Fresse,
4. Noise: 23 U.S.C. 109(i) .
MSCE, Program Delivery Supervisor,
5. Wildlife: Endangered Species Act
Federal Highway Administration Rhode [16 U.S.C. 1531–1544]; Fish and
Island Division, 380 Westminster Mall,
Wildlife Coordination Act [16 U.S.C.
Suite 601, Providence, Rhode Island
661–667(e)]; Migratory Bird Treaty Act
02903: telephone: (401) 528–4577;
[16 U.S.C. 703–712]; Plant Protection
email: Carlos.Padilla@dot.gov; or Ms.
Act [7 U.S.C. 7701 et seq.].
6. Historic and Cultural Resources:
Lori Fisette, Acting Administrator of
Section 106 of the National Historic
Project Management, Rhode Island
Preservation Act of 1966, [54 U.S.C.
Department of Transportation, Two
306108]; Archeological Resources
Capitol Hill, Providence, Rhode Island
02903–1124, telephone: (401) 563–4401, Protection Act of 1977 [16 U.S.C.
470(aa)–470(mm)]; Archeological and
email: lori.fisette@dot.ri.gov.
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29503-29504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10456]
=======================================================================
-----------------------------------------------------------------------
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 10 sets of exclusions under the $34 billion
action. The fourth set of exclusions was published in May 2019 and will
expire in May 2020. On March 12, 2020, the U.S. Trade Representative
established a process for the public to comment on whether to extend
particular exclusions granted in May 2019 for up to 12 months. This
notice announces the U.S. Trade Representative's determination to
extend certain exclusions until December 31, 2020.
DATES: The product exclusion extensions announced in this notice will
apply as of May 14, 2020, and extend until December 31, 2020. 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 43304 (August 20,
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), 85 FR 16181
(March 20, 2020), and 85 FR 24081 (April 30, 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 May 2019, the U.S. Trade Representative granted a set of
exclusion requests, which expire on May 14, 2020. See 84 FR 21389 (the
May 14 notice). On March 2, 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 May 14 notice. See 85 FR 12373
(the March 2 notice).
Under the March 2 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 March 2 notice required the submission of comments no later
than April 12, 2020.
B. Determination To Extend Certain Exclusions
Based on evaluation of the factors set out in the July 11 notice
and March 2 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 certain product
exclusions covered by the May 14 notice, as set out in the Annex to
this notice.
The March 2 notice provided that the U.S. Trade Representative
would consider extensions of up to 12 months. In light of the
cumulative effect of current and possible future exclusions or
extensions of exclusions on the effectiveness of the action taken in
this investigation, the U.S. Trade Representative has determined to
extend the exclusions in the Annex to this notice for less than 12
months--until December 31, 2020. To date, the U.S. Trade Representative
has granted more than 6,200 exclusion requests, has extended some of
these exclusions, and may consider further extensions of exclusions.
Furthermore, more than 8,600 requests are pending on the products
covered by the action taken on August 20, 2019. The U.S. Trade
Representative will take account of the cumulative effect of exclusions
in considering the possible further extension of the exclusions covered
by this notice, as well as possible extensions of exclusions of other
[[Page 29504]]
products covered by the action in this investigation. The U.S. Trade
Representative's determination also takes into account advice from
advisory committees and any public comments concerning 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, until December 31, 2020, the following exclusions
granted under the May 14, 2019 notice under heading 9903.88.08 and
under U.S. note 20(k) to subchapter III of chapter 99 of the HTSUS:
(4), (5), (8), (11), (18), (19), (21), (22), (23), (24), (25), (38),
and (39).
Annex
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, and before December 31, 2020,
the additional duties provided for in heading 9903.88.01 shall not
apply to products which are provided for in heading 9903.88.08 and
U.S. notes 20(k)(4), 20(k)(5), 20(k)(8), 20(k)(11), 20(k)(18),
20(k)(19), 20(k)(21), 20(k)(22), 20(k)(23), 20(k)(24), 20(k)(25),
20(k)(38) and 20(k)(39) to subchapter III of chapter 99 of the
HTSUS, as follows:
(4) 8481.10.0090
(5) 8483.50.9040
(8) Filtering or purifying machinery or apparatus of a kind used
for waste water treatment (described in statistical reporting number
8421.21.0000)
(11) Air purification equipment, electrically powered, weighing
less than 36 kg (described in statistical reporting number
8421.39.8015)
(18) Armatures designed for use in hydraulic solenoid valves
(described in statistical reporting number 8481.90.9040)
(19) C-poles, of steel, designed for use in hydraulic solenoid
control valves (described in statistical reporting number
8481.90.9040)
(21) Metering spools, of aluminum, designed for use in hydraulic
solenoid control valves (described in statistical reporting number
8481.90.9040)
(22) Metering spools, of steel, designed for use in hydraulic
solenoid control valves (described in statistical reporting number
8481.90.9040)
(23) Poles, of steel, designed for use in hydraulic solenoid
control valves (described in statistical reporting number
8481.90.9040)
(24) Push pins, of steel, designed for use in hydraulic solenoid
control valves (described in statistical reporting number
8481.90.9040)
(25) Retainers, of steel, designed for use in hydraulic solenoid
control valves (described in statistical reporting number
8481.90.9040)
(38) Stereoscopic microscopes, not provided with a means for
photographing the image, valued not over $500 per unit (described in
statistical reporting number 9011.10.8000)
(39) Adapter rings, tubes and extension sleeves, stands and arm
assemblies, stages and gliding tables, eyeguards and focusing racks,
all the foregoing designed for use with compound optical microscopes
(described in statistical reporting number 9011.90.0000)
Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2020-10456 Filed 5-14-20; 8:45 am]
BILLING CODE 3290-F0-P