Request for Comments Concerning the Extension of Particular Exclusions Granted Under the $200 Billion Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 34279-34283 [2020-11952]
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Notices
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2020–0016]
Request for Comments Concerning the
Extension of Particular Exclusions
Granted Under the $200 Billion Action
Pursuant to Section 301: China’s Acts,
Policies, and Practices Related to
Technology Transfer, Intellectual
Property, and Innovation
Office of the United States
Trade Representative.
ACTION: Notice and request for
comments.
AGENCY:
Effective September 24, 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 an exclusion
process for the $200 billion action in
June 2019 and issued 14 product
exclusion notices under this action. The
product exclusions granted under these
notices are scheduled to expire on
August 7, 2020. The U.S. Trade
Representative previously decided to
consider a possible extension for up to
12 months of particular exclusions
granted under the initial 11 product
exclusion notices and has now decided
to consider a possible extension for up
to 12 months of particular exclusions
granted under the remaining product
exclusion notices. The Office of the U.S.
Trade Representative (USTR) invites
public comment on whether to extend
particular exclusions.
DATES: June 8, 2020 at 12:01 a.m. ET:
The public docket on the web portal at
https://comments.USTR.gov will open
for parties to submit comments on the
possible extension of particular
exclusions.
July 7, 2020 at 11:59 p.m. ET: To be
assured of consideration, submit written
comments on the public docket by this
deadline.
ADDRESSES: You must submit all
comments through the online portal:
https://comments.USTR.gov.
FOR FURTHER INFORMATION CONTACT:
Associate General Counsel Philip Butler
or Assistant General Counsel Benjamin
Allen at (202) 395–5725.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
A. Background
For background on the proceedings in
this investigation, please see prior
VerDate Sep<11>2014
18:35 Jun 02, 2020
Jkt 250001
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), 85 FR 23122 (April
24, 2020), 85 FR 27489 (May 8, 2020),
and 85 FR 32094 (May 28, 2020).
Effective September 24, 2018, the U.S.
Trade Representative imposed
additional 10 percent duties on goods of
China classified in 5,757 full and partial
subheading 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 U.S. stakeholders
could request exclusion of particular
products classified within an eight-digit
HTSUS subheading covered by the $200
billion action from the additional
duties. See 84 FR 29576 (the June 24
notice).
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.
As of May 28, 2020, the U.S. Trade
Representative has issued 14 notices of
product exclusions under the $200
billion action. These exclusions are
scheduled to expire on August 7, 2020.
B. Possible Extensions of Particular
Product Exclusions
On May 6, 2020, USTR requested
comments concerning the possible
extension for up to 12 months of
particular exclusions granted under the
initial 11 product exclusion notices
under the $200 billion action. See 85 FR
27011 (the May 6 notice). The U.S.
Trade Representative has now decided
to consider a possible extension for up
to 12 months of particular exclusions
granted under the final three product
exclusion notices under the $200 billion
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34279
action. Accordingly, USTR invites
public comments on whether to extend
particular exclusions granted under the
following notices of product exclusions:
• 85 FR 23122 (April 24, 2020)
• 85 FR 27489 (May 8, 2020)
• 85 FR 32094 (May 28, 2020)
Comments on exclusions granted under
the initial 11 product exclusion notices
will not be considered on this docket
and must be submitted according to the
May 6 notice on Docket Number USTR–
2020–0015. For exclusions amended or
corrected by a later issued notice,
parties should provide their extension
comments on the docket corresponding
to the initial notice of product
exclusions.
USTR will evaluate the possible
extension of each exclusion on a caseby-case basis. The focus of the
evaluation will be whether, despite the
first imposition of these additional
duties in September 2018, the particular
product remains available only from
China. In addressing this factor,
commenters should address specifically:
• 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 September 2018 with
respect to the particular product or any
other relevant industry developments.
• The efforts, if any, the importers or
U.S. purchasers have undertaken since
September 2018 to source the product
from the United States or third
countries.
In addition, USTR will continue to
consider whether the imposition of
additional duties on the products
covered by the exclusion will result in
severe economic harm to the commenter
or other U.S. interests.
C. Procedures To Comment on the
Extension of Particular Exclusions
To submit a comment regarding the
extension of a particular exclusion
granted under the above referenced
product exclusion notices under the
$200 billion action, commenters first
must register on the portal at https://
comments.USTR.gov. As noted above,
the public docket on the portal will be
open from June 08, 2020, to July 7, 2020.
After registration, the commenter may
submit an exclusion extension comment
form to the public docket.
Fields on the comment form marked
with an asterisk (*) are required fields.
Fields with a gray (BCI) notation are for
business confidential information and
the information entered will not be
publicly available. Fields with a green
(public) notation will be publicly
E:\FR\FM\03JNN1.SGM
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Notices
lotter on DSK9F5VC42PROD with NOTICES
available. Additionally, parties will be
able to upload documents and indicate
whether the documents are BCI or
public. Commenters will be able to
review the public version of their
comments before they are posted.
In order to facilitate the preparation of
comments prior to the June 8 opening of
the public docket, a facsimile of the
exclusion extension comment form to be
used on the portal is annexed to this
notice. Please note that the color-coding
of the public and BCI fields is not
visible on the annex, but will be
apparent on the actual comment form
used on the portal.
Set out below is a summary of the
information to be entered on the
exclusion extension comment form.
• Contact information, including the
full legal name of the organization
making the comment, whether the
commenter is a third party (e.g., law
firm, trade association, or customs
broker) submitting on behalf of an
organization or industry, and the name
of the third party organization, if
applicable.
• The number for the exclusion on
which you are commenting as provided
in the annex of the Federal Register
notice granting the exclusion and the
description. For descriptions, amended
or corrected by a later issued notice of
product exclusions, parties should use
the amended or corrected description.
• Whether the product or products
covered by the exclusion are subject to
an antidumping or countervailing duty
VerDate Sep<11>2014
18:35 Jun 02, 2020
Jkt 250001
order issued by the U.S. Department of
Commerce.
• Whether you support or oppose
extending the exclusion and an
explanation of your rationale.
Commenters must provide a public
version of their rationale, even if the
commenter also intends to submit a
more detailed BCI rationale.
• Whether the products covered by
the exclusion or comparable products
are available from sources in the U.S. or
in third countries. Please include
information concerning any changes in
the global supply chain since September
2018 with respect to the particular
product.
• The efforts you have undertaken
since September 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 and 2019. Whether these
purchases are from a related company,
and if so, the name of and relationship
to the 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 and 2019.
• If applicable, the commenter’s gross
revenue for 2018 and 2019.
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• 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.
• Any additional information in
support of or in opposition to extending
the exclusion.
Commenters also may provide any
other information or data that they
consider relevant.
D. Submission Instructions
To be assured of consideration, you
must submit your comment between the
opening of the public docket on the
portal on June 08, 2020 and the July 07,
2020 submission deadline. Parties
seeking to comment on more than one
exclusion must submit a separate
comment for each exclusion.
By submitting a comment, the
commenter certifies that the information
provided is complete and correct to the
best of their knowledge.
E. Paperwork Reduction Act
In accordance with the requirements
of the Paperwork Reduction Act of 1995
and its implementing regulations, the
Office of Management and Budget has
assigned control number 0350–0015,
which expires January 31, 2023.
Joseph Barloon,
General Counsel, Office of the United States
Trade Representative.
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Notices
Agencies
[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Notices]
[Pages 34279-34283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11952]
[[Page 34279]]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2020-0016]
Request for Comments Concerning the Extension of Particular
Exclusions Granted Under the $200 Billion Action Pursuant to Section
301: China's Acts, Policies, and Practices Related to Technology
Transfer, Intellectual Property, and Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: Effective September 24, 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 an exclusion process for the $200
billion action in June 2019 and issued 14 product exclusion notices
under this action. The product exclusions granted under these notices
are scheduled to expire on August 7, 2020. The U.S. Trade
Representative previously decided to consider a possible extension for
up to 12 months of particular exclusions granted under the initial 11
product exclusion notices and has now decided to consider a possible
extension for up to 12 months of particular exclusions granted under
the remaining product exclusion notices. The Office of the U.S. Trade
Representative (USTR) invites public comment on whether to extend
particular exclusions.
DATES: June 8, 2020 at 12:01 a.m. ET: The public docket on the web
portal at https://comments.USTR.gov will open for parties to submit
comments on the possible extension of particular exclusions.
July 7, 2020 at 11:59 p.m. ET: To be assured of consideration,
submit written comments on the public docket by this deadline.
ADDRESSES: You must submit all comments through the online portal:
https://comments.USTR.gov.
FOR FURTHER INFORMATION CONTACT: Associate General Counsel Philip
Butler or Assistant General Counsel Benjamin Allen at (202) 395-5725.
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), 85 FR 23122 (April 24,
2020), 85 FR 27489 (May 8, 2020), and 85 FR 32094 (May 28, 2020).
Effective September 24, 2018, the U.S. Trade Representative imposed
additional 10 percent duties on goods of China classified in 5,757 full
and partial subheading 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 U.S. stakeholders could request
exclusion of particular products classified within an eight-digit HTSUS
subheading covered by the $200 billion action from the additional
duties. See 84 FR 29576 (the June 24 notice).
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. As of May 28, 2020, the U.S. Trade Representative has issued
14 notices of product exclusions under the $200 billion action. These
exclusions are scheduled to expire on August 7, 2020.
B. Possible Extensions of Particular Product Exclusions
On May 6, 2020, USTR requested comments concerning the possible
extension for up to 12 months of particular exclusions granted under
the initial 11 product exclusion notices under the $200 billion action.
See 85 FR 27011 (the May 6 notice). The U.S. Trade Representative has
now decided to consider a possible extension for up to 12 months of
particular exclusions granted under the final three product exclusion
notices under the $200 billion action. Accordingly, USTR invites public
comments on whether to extend particular exclusions granted under the
following notices of product exclusions:
85 FR 23122 (April 24, 2020)
85 FR 27489 (May 8, 2020)
85 FR 32094 (May 28, 2020)
Comments on exclusions granted under the initial 11 product exclusion
notices will not be considered on this docket and must be submitted
according to the May 6 notice on Docket Number USTR-2020-0015. For
exclusions amended or corrected by a later issued notice, parties
should provide their extension comments on the docket corresponding to
the initial notice of product exclusions.
USTR will evaluate the possible extension of each exclusion on a
case-by-case basis. The focus of the evaluation will be whether,
despite the first imposition of these additional duties in September
2018, the particular product remains available only from China. In
addressing this factor, commenters should address specifically:
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 September
2018 with respect to the particular product or any other relevant
industry developments.
The efforts, if any, the importers or U.S. purchasers have
undertaken since September 2018 to source the product from the United
States or third countries.
In addition, USTR will continue to consider whether the imposition
of additional duties on the products covered by the exclusion will
result in severe economic harm to the commenter or other U.S.
interests.
C. Procedures To Comment on the Extension of Particular Exclusions
To submit a comment regarding the extension of a particular
exclusion granted under the above referenced product exclusion notices
under the $200 billion action, commenters first must register on the
portal at https://comments.USTR.gov. As noted above, the public docket
on the portal will be open from June 08, 2020, to July 7, 2020. After
registration, the commenter may submit an exclusion extension comment
form to the public docket.
Fields on the comment form marked with an asterisk (*) are required
fields. Fields with a gray (BCI) notation are for business confidential
information and the information entered will not be publicly available.
Fields with a green (public) notation will be publicly
[[Page 34280]]
available. Additionally, parties will be able to upload documents and
indicate whether the documents are BCI or public. Commenters will be
able to review the public version of their comments before they are
posted.
In order to facilitate the preparation of comments prior to the
June 8 opening of the public docket, a facsimile of the exclusion
extension comment form to be used on the portal is annexed to this
notice. Please note that the color-coding of the public and BCI fields
is not visible on the annex, but will be apparent on the actual comment
form used on the portal.
Set out below is a summary of the information to be entered on the
exclusion extension comment form.
Contact information, including the full legal name of the
organization making the comment, whether the commenter is a third party
(e.g., law firm, trade association, or customs broker) submitting on
behalf of an organization or industry, and the name of the third party
organization, if applicable.
The number for the exclusion on which you are commenting
as provided in the annex of the Federal Register notice granting the
exclusion and the description. For descriptions, amended or corrected
by a later issued notice of product exclusions, parties should use the
amended or corrected description.
Whether the product or products covered by the exclusion
are subject to an antidumping or countervailing duty order issued by
the U.S. Department of Commerce.
Whether you support or oppose extending the exclusion and
an explanation of your rationale. Commenters must provide a public
version of their rationale, even if the commenter also intends to
submit a more detailed BCI rationale.
Whether the products covered by the exclusion or
comparable products are available from sources in the U.S. or in third
countries. Please include information concerning any changes in the
global supply chain since September 2018 with respect to the particular
product.
The efforts you have undertaken since September 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 and 2019.
Whether these purchases are from a related company, and if so, the name
of and relationship to the 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 and
2019.
If applicable, the commenter's gross revenue for 2018 and
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.
Any additional information in support of or in opposition
to extending the exclusion.
Commenters also may provide any other information or data that they
consider relevant.
D. Submission Instructions
To be assured of consideration, you must submit your comment
between the opening of the public docket on the portal on June 08, 2020
and the July 07, 2020 submission deadline. Parties seeking to comment
on more than one exclusion must submit a separate comment for each
exclusion.
By submitting a comment, the commenter certifies that the
information provided is complete and correct to the best of their
knowledge.
E. Paperwork Reduction Act
In accordance with the requirements of the Paperwork Reduction Act
of 1995 and its implementing regulations, the Office of Management and
Budget has assigned control number 0350-0015, which expires January 31,
2023.
Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
BILLING CODE 3290-F0-P
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