Notice of Product Exclusion and Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 38000-38002 [2020-13596]
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38000
Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
Modality of completion
Number of
respondents
Frequency
of response
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
Average
theoretical
hourly cost
amount
(dollars) *
Average
wait time in
field office
(minutes) **
Total annual
opportunity
cost
(dollars) ***
SSA–581 ...................................................................................
24,000
1
2
800
* $33.58
** 24
*** $349,232
* We based this figure on average Compensation, Benefits, and Job Analysis Specialists hourly salary, as reported by Bureau of Labor Statistics data (https://
www.bls.gov/oes/current/oes131141.htm).
** We based this figure on the average FY 2020 wait times for field offices, based on SSA’s current management information data.
*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the
application.
Dated: June 19, 2020.
Naomi Sipple,
Reports Clearance Officer, Social Security
Administration.
[FR Doc. 2020–13583 Filed 6–23–20; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 11143]
30-Day Notice of Proposed Information
Collection: Annual Report—J–
NONIMMIGRANT Exchange Visitor
Program
Notice of request for public
comment and submission to OMB of
proposed collection of information.
ACTION:
The Department of State has
submitted the information collection
described below to the Office of
Management and Budget (OMB) for
approval. In accordance with the
Paperwork Reduction Act of 1995 we
are requesting comments on this
collection from all interested
individuals and organizations. The
purpose of this notice is to allow 30
days for public comment.
DATES: Submit comments up to July 24,
2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed collection
instrument and supporting documents,
to G. Kevin Saba, who may be reached
on (202) 634–4710 or at JExchanges@
state.gov.
SUPPLEMENTARY INFORMATION:
• Title of Information Collection:
Annual Report—J–NONIMMIGRANT
Exchange Visitor Program.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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• OMB Control Number: 1405–0151.
• Type of Request: Revision of a
Currently Approved Collection.
• Originating Office: Bureau of
Educational and Cultural Affairs, Office
of Private Sector Exchange, ECA/EC.
• Form Number: Form DS–3097.
• Respondents: Designated J–
NONIMMIGRANT program sponsors.
• Estimated Number of Respondents:
1,500.
• Estimated Number of Responses:
1,500.
• Average Hours per Response: 2
hours.
• Total Estimated Burden: 3,000
hours.
• Frequency: Annually.
• Obligation to Respond: Required to
Obtain or Retain Benefits.
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department.
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
Abstract of Proposed Collection
Annual reports from designated
program sponsors assist the Department
in oversight and administration of the J–
NONIMMIGRANT Exchange Visitor
Program. The reports provide qualitative
data on the number of exchange
participants an organization sponsored
annually per category of exchange. The
reports also provide a summary of the
activities in which exchange visitors
were engaged and indicate information
about program effectiveness. Program
sponsors include government agencies,
academic institutions, and private sector
not-for-profit and for-profit entities.
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Methodology
Annual reports are completed through
the Student and Exchange Visitor
Information System (SEVIS) and then
printed and signed by a sponsor official,
and sent to the Department by email,
mail, or fax.
Zachary Parker,
Director.
[FR Doc. 2020–13591 Filed 6–23–20; 8:45 am]
BILLING CODE 4710–05–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusion and
Amendments: 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 and
amendments.
AGENCY:
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 an additional
exclusion request, 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.
SUMMARY:
E:\FR\FM\24JNN1.SGM
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
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
traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
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 FR 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 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 eight-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 eight-digit HTSUS
subheading covered by the $200 billion
action. Requestors also had to provide
the ten-digit HTSUS subheading most
applicable to the particular product
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18:20 Jun 23, 2020
Jkt 250001
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.
• 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 January, February, March, April and
May 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; 85 FR
23122; 85 FR 27489; and 85 FR 32094.
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?docket
Number=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
exclusion set forth in the Annex to this
notice. The U.S. Trade Representative’s
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Fmt 4703
Sfmt 4703
38001
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
exclusion is reflected in one specially
prepared product description, which
responds to one exclusion request.
In accordance with the June 24 notice,
the exclusion is 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 the exclusion is
governed by the scope of the product
description in the Annex, and not by the
product description found in any
particular request for exclusion.
Paragraph A, of the Annex contains a
conforming amendment to the HTSUS
reflecting the modifications made by the
Annex.
Paragraph B of the Annex makes
technical corrections to certain notes of
the HTSUS. Specifically, paragraph B,
subparagraph (1), corrects a
typographical error in the product
descriptions contained in U.S. note
(20)(mm)(30), published at 84 FR 61674.
Paragraph B, subparagraphs (2)–(5),
make technical corrections to the
specially prepared product descriptions
in certain notes to the HTSUS,
specifically, U.S. notes (20)(xx)(17) and
(47), published at 85 FR 23122 (April
24, 2020), and U.S. notes (20)(yy)(54)
and (65), published at 85 FR 27489 (May
8, 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.
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 24,
2018, and before August 7, 2020, U.S. note
20(aaa) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United
States (HTSUS) is modified by inserting the
following exclusions in numerical order after
exclusion (78):
(79) Motorboats with displacement hulls of
reinforced fiberglass and wood, each
motorboat measuring not less than 14.47 m
and not more than 36.57 m in length and
weighing not less than 28 t and not more
than 363 t, powered by inboard engines,
other than inboard/outdrive (described in
statistical reporting number 8903.92.0065)
B. Effective with respect to goods entered
for consumption, or withdrawn from
warehouse for consumption, on or after 12:01
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38002
Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
a.m. eastern daylight time on September 24,
2018, subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United
States (HTSUS) is modified:
a. U.S. note 20(mm)(30) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States is modified by
deleting ‘‘Ratcheting chain hoists,’’ and
inserting ‘‘Ratcheting chain, rope or cable
hoists,’’ and by deleting ‘‘such chain hoists
not powered by an electric motor’’ and
inserting ‘‘such hoists not powered by an
electric motor’’ in lieu thereof.
b. U.S. note 20(xx)(17) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States is modified by
deleting ‘‘not more than 123 cm in length’’
and inserting ‘‘not more than 185 cm in
length’’ in lieu thereof.
c. U.S. note 20(xx)(47) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States is modified by
deleting ‘‘measuring not less than 15 cm in
width by 21 cm depth but not more than 41
cm in width by 25 cm in depth’’ and
inserting ‘‘measuring not less than 15 cm in
width by 20 cm depth but not more than 41
cm in width by 32 cm in depth’’ in lieu
thereof.
d. U.S. note 20(yy)(54) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States is modified by
deleting ‘‘, each measuring at least 610.1 cm
by 10.1 cm by 10.1 cm but not more than 16.6
cm by 7.7 cm by 10.2 cm and weighing at
least 0.4 kg but not more than 1.4 kg,
conforming to Association of American
Railroads (‘‘AAR’’) specifications S–491, M–
601 and RP–5595’’.
e. U.S. note 20(yy)(65) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States is modified by
deleting ‘‘not more than 25.4 cm by 15.3 cm
by 17.8 cm and weighing at least 9 kg and
not more than 20.5 kg,’’ and inserting ‘‘not
more than 42 cm by 34 cm by 115 cm and
weighing at least 4 kg and not more than 22
kg,’’ in lieu thereof.
Joseph Barloon,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2020–13596 Filed 6–23–20; 8:45 am]
BILLING CODE 3290–F0–P
DEPARTMENT OF TRANSPORTATION
jbell on DSKJLSW7X2PROD with NOTICES
Federal Aviation Administration
Adoption of Wyoming Army National
Guard Environmental Assessment for
Training and Maneuver Activities at
Camp Guernsey, and Finding of No
Significant Impact and Record of
Decision for Establishment of
Controlled Firing Areas, Guernsey,
Wyoming, June 2020
1.0 Introduction
The Proposed Action is to establish
three Controlled Firing Areas (CFA) at
Camp Guernsey, Guernsey, Wyoming.
Under the Proposed Action, the CFAs
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18:20 Jun 23, 2020
Jkt 250001
would be established for up to two
years. CFAs provide a means to
accommodate, without impact to
aviation, certain hazardous activities,
such as field-based artillery, that can be
immediately suspended if a nonparticipating aircraft approaches the
area.
As the lead agency, the Wyoming
Army National Guard (WYARNG)
prepared an Environmental Assessment
(EA), Training and Maneuver Activities
at Camp Guernsey, Guernsey, Wyoming,
in March 2020, and issued a Finding of
No Significant Impact (FONSI) on
March 16, 2020, in accordance with the
National Environmental Policy Act
(NEPA). The WYARNG invited the
Federal Aviation Administration (FAA)
to participate as a cooperating agency on
October 10, 2018 (40 CFR 1501.6). The
FAA, having jurisdiction by law for
approving special use airspace (SUA)
under 49 U.S.C. 40103(b)(3)(A),
accepted the cooperating agency status
on November 19, 2018. This is also in
accordance with the October 2019
Memorandum of Understanding
between the FAA and Department of
Defense (DoD) for Environmental
Review of SUA Actions (FAA 7400.2M,
Appendix 7). As a cooperating agency,
the FAA coordinated closely with the
WYARNG, and actively participated in
the preparation of the Draft and Final
EA.
In accordance with its applicable FAA
Order 1050.1F, the FAA has conducted
an independent evaluation and analysis
of the WYARNG’s EA and only adopts
portions of the EA associated with the
CFAs, all associated Appendices, as
well as all materials identified in the EA
and/or Appendices and incorporated by
reference and made available to the
public, for purposes of making its
decision regarding the Proposed Action
pursuant to 40 CFR 1506.3. As
discussed below, based on the
information in the EA, the FAA has
determined that the Proposed Action
will not have a significant effect on the
human environment (40 CFR 1508.13)
and is issuing this FONSI/Record of
Decision (ROD) for the Proposed Action
(40 CFR 1505.2).
2.0 Background
In the EA, the WYARNG’s Proposed
Action consists of both land-based
activities (training and maneuver) and
airspace activities that require SUA in
the form of a CFA or Restricted Area
(RA). Some of the proposed land-based
activities use field artillery that requires
the establishment of surface distance
zones (SDZ) for safety reasons. These
SDZs provide separation of the field
artillery from aircraft (civilian and
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Frm 00183
Fmt 4703
Sfmt 4703
military traversing the airspace). The
proposed CFAs and RAs would
accommodate the SDZs. While the CFAs
and RAs would prevent aircraft from
being struck by errant artillery fired
from Camp Guernsey, they would
accomplish this in different ways, as
described below.
Controlled Firing Areas
A CFA is airspace designated to
contain activities that, if not conducted
in a controlled environment, would be
hazardous to aircraft.1 CFAs provide a
means to accommodate, without impact
to aviation, certain hazardous activities
that can be immediately suspended if a
non-participating aircraft approaches
the area. The distinguishing feature of a
CFA, compared to other SUA (e.g., RA),
is that CFA activities shall be suspended
immediately when a non-participating
aircraft approaches the area. This
responsibility lies completely with the
CFA user—in this case, the WYARNG—
to terminate activities so that there is no
impact on aviation. Additionally, there
are no required communications or Air
Traffic Control separation associated
with CFAs. Only those activities that
can be immediately suspended on
notice that a non-participating aircraft is
approaching are appropriate for a CFA.
Field artillery live-fire exercises would
also be appropriate for CFAs, provided
that they meet the criteria and comply
with the safety precautions described in
FAA Order 7400.2M, Chapter 27. CFAs
are not intended to contain aircraft
ordnance delivery activities.
The Camp Guernsey existing airspace
contains civilian and military aircraft
that currently traverse the proposed
CFA airspace. The existing military
aircraft in the proposed airspace are not
performing any military flight
operations that require SUA. CFAs have
no impact to aviation; therefore, existing
aircraft would continue to traverse the
proposed CFA airspace. CFAs are not
depicted on aeronautical charts, and
there is no requirement for nonparticipating aircraft to avoid the SUA.
The role of the FAA in the
establishment of the proposed CFAs is
to authorize the proponent to conduct
their operations (field-based artillery)
based on FAA approved safety
measures. Under the Proposed Action,
the CFA would protect aircraft from
potentially being struck by errant
artillery, as the safety measures in place
dictate that operations are suspended if
any aircraft enters the CFA airspace.
1 FAA Order 7400.2M, paragraphs 27–1–1
(definition) and 27–1–2 (purpose).
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Agencies
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 38000-38002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13596]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusion and Amendments: 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 and amendments.
-----------------------------------------------------------------------
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 an additional exclusion
request, 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.
[[Page 38001]]
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 FR 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 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 eight-
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 eight-digit HTSUS subheading covered by the $200 billion
action. Requestors also had to provide the ten-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 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 January, February, March, April and May
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; 85
FR 23122; 85 FR 27489; and 85 FR 32094. 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-2019-0005.
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 exclusion 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 exclusion is reflected in one
specially prepared product description, which responds to one exclusion
request.
In accordance with the June 24 notice, the exclusion is 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 the exclusion is governed by
the scope of the product description in the Annex, and not by the
product description found in any particular request for exclusion.
Paragraph A, of the Annex contains a conforming amendment to the
HTSUS reflecting the modifications made by the Annex.
Paragraph B of the Annex makes technical corrections to certain
notes of the HTSUS. Specifically, paragraph B, subparagraph (1),
corrects a typographical error in the product descriptions contained in
U.S. note (20)(mm)(30), published at 84 FR 61674. Paragraph B,
subparagraphs (2)-(5), make technical corrections to the specially
prepared product descriptions in certain notes to the HTSUS,
specifically, U.S. notes (20)(xx)(17) and (47), published at 85 FR
23122 (April 24, 2020), and U.S. notes (20)(yy)(54) and (65), published
at 85 FR 27489 (May 8, 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.
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 24, 2018, and before August 7,
2020, U.S. note 20(aaa) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States (HTSUS) is modified
by inserting the following exclusions in numerical order after
exclusion (78):
(79) Motorboats with displacement hulls of reinforced fiberglass
and wood, each motorboat measuring not less than 14.47 m and not
more than 36.57 m in length and weighing not less than 28 t and not
more than 363 t, powered by inboard engines, other than inboard/
outdrive (described in statistical reporting number 8903.92.0065)
B. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01
[[Page 38002]]
a.m. eastern daylight time on September 24, 2018, subchapter III of
chapter 99 of the Harmonized Tariff Schedule of the United States
(HTSUS) is modified:
a. U.S. note 20(mm)(30) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by
deleting ``Ratcheting chain hoists,'' and inserting ``Ratcheting
chain, rope or cable hoists,'' and by deleting ``such chain hoists
not powered by an electric motor'' and inserting ``such hoists not
powered by an electric motor'' in lieu thereof.
b. U.S. note 20(xx)(17) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by
deleting ``not more than 123 cm in length'' and inserting ``not more
than 185 cm in length'' in lieu thereof.
c. U.S. note 20(xx)(47) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by
deleting ``measuring not less than 15 cm in width by 21 cm depth but
not more than 41 cm in width by 25 cm in depth'' and inserting
``measuring not less than 15 cm in width by 20 cm depth but not more
than 41 cm in width by 32 cm in depth'' in lieu thereof.
d. U.S. note 20(yy)(54) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by
deleting ``, each measuring at least 610.1 cm by 10.1 cm by 10.1 cm
but not more than 16.6 cm by 7.7 cm by 10.2 cm and weighing at least
0.4 kg but not more than 1.4 kg, conforming to Association of
American Railroads (``AAR'') specifications S-491, M-601 and RP-
5595''.
e. U.S. note 20(yy)(65) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by
deleting ``not more than 25.4 cm by 15.3 cm by 17.8 cm and weighing
at least 9 kg and not more than 20.5 kg,'' and inserting ``not more
than 42 cm by 34 cm by 115 cm and weighing at least 4 kg and not
more than 22 kg,'' in lieu thereof.
Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2020-13596 Filed 6-23-20; 8:45 am]
BILLING CODE 3290-F0-P