Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 33775-33779 [2020-11833]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33775-33779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11833]


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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.

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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 fifth set of exclusions was published in June 2019 and will 
expire in June 2020. On March 20, 2020, the U.S. Trade Representative 
established a process for the public to comment on whether to extend 
particular exclusions granted in June 2019 for up to 12 months. This 
notice announces the U.S. Trade Representative's determination to 
extend certain exclusions through December 31, 2020.

DATES: The product exclusion extensions announced in this notice will 
apply as of June 4, 2020, and extend through 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 eight-
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 eight-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 June 2019, the U.S. Trade Representative granted a set of 
exclusion requests, which expire on June 4, 2020. See 84 FR 25895 (the 
June 4 notice). On March 20, 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 June 4 notice. See 85 FR 16181 
(the March 20 notice).
    Under the March 20 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 20 notice required the submission of comments no later 
than April 30, 2020.

B. Determination To Extend Certain Exclusions

    Based on evaluation of the factors set out in the July 11 notice 
and March 20 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 June 4 notice, as set out in the Annex to 
this notice.

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    The March 20 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--through 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 
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 ten-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, through December 31, 2020, the following 
exclusions granted under the June 4, 2019 notice under heading 
9903.88.10 and under U.S. note 20(m) to subchapter III of chapter 99 of 
the HTSUS: (3), (6), (9), (13), (14), (22), (24), (28), (34), (42), 
(50), (51), (52), (53), (62), and (88).

Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
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[FR Doc. 2020-11833 Filed 6-1-20; 8:45 am]
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