Request for Comments Concerning the Extension of Particular Exclusions Granted Under the $300 Billion Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 38482-38488 [2020-13805]
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38482
Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices
upon determining that the person met
any criteria set forth in section
2(a)(i)(A), 2(a)(i)(D), or 2(a)(ii) of E.O.
13894.
The Secretary of State has
determined, pursuant to Section
2(a)(i)(A) of E.O. 13894, that Bashar alAssad, Maher al-Assad, Ghassan Bilal,
Samer al-Dana, and the Fourth Division
of the Syrian Arab Army are responsible
for or complicit in, have directly or
indirectly engaged in, attempted to
engage in, or financed, the obstruction,
disruption, or prevention of a ceasefire
in northern Syria.
The Secretary of State determined,
pursuant to Section 2(a)(i)(D) of E.O.
13894, that Mohamed Hamsho and the
Fatemiyoun Division are responsible for
or complicit in, have directly or
indirectly engaged in, attempted to
engage in, or financed, the obstruction,
disruption, or prevention of efforts to
promote a political solution to the
conflict in Syria.
The Secretary of State determined,
pursuant to Section 2(a)(ii) of E.O.
13894, that Asma al-Assad, and Bushra
al-Assad are adult family members of
Bashar al-Assad; Manal al-Assad is an
adult family member of Maher al-Assad;
and Ahmed Hamsho, Amre Hamsho, Ali
Hamsho, Rania al-Dabbas, and Sumaia
Hamcho are adult family members of
Mohamed Hamsho.
Pursuant to Sections 2(b) and 2(c) of
E.O. 13894, the Secretary of State has
selected the following sanctions to be
imposed upon Bashar al-Assad, Asma
al-Assad, Bushra al-Assad, Maher alAssad, Ghassan Bilal, Samer al-Dana,
Manal al-Assad, the Fourth Division of
the Syrian Arab Army, Mohamed
Hamsho, Ahmed Hamsho, Amre
Hamsho, Ali Hamsho, Rania al-Dabbas,
Sumaia Hamcho, and the Fatemiyoun
Division:
• Agencies shall not procure, or enter
into a contract for the procurement of,
any goods or services from the
individuals and entities. (Section 2(b)(i)
of E.O. 13894);
• prohibit any United States financial
institution that is a U.S. person from
making loans or providing credits to the
individuals and entities totaling more
than $10,000,000 in any 12-month
period, unless the individuals and
entities are engaged in activities to
relieve human suffering and the loans or
credits are provided for such activities
(Section 2(c)(i) of E.O. 13894);
• prohibit any transactions in foreign
exchange that are subject to the
jurisdiction of the United States and in
which the individuals and entities have
any interest (Section 2(c)(ii) of E.O.
13894);
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• prohibit any transfers of credit or
payments between banking institutions
or by, through, or to any banking
institution, to the extent that such
transfers or payments are subject to the
jurisdiction of the United States and
involve any interest of the individuals
and entities (Section 2(c)(iii) of E.O.
13894);
• block all property and interests in
property that are in the United States,
that hereafter come within the United
States, or that are or hereafter come
within the possession or control of any
United States person of the individuals
and entities, and provide that such
property and interests in property may
not be transferred, paid, exported,
withdrawn, or otherwise dealt in
(Section 2(c)(iv) of E.O. 13894);
• prohibit any United States person
from investing in or purchasing
significant amounts of equity or debt
instruments of the individuals and
entities (Section 2(c)(v) of E.O. 13894);
and
• restrict or prohibit imports of goods,
technology, or services, directly or
indirectly, into the United States from
the individuals and entities (Section
2(c)(vi) of E.O. 13894).
Taylor V. Ruggles,
Director, Office of Economic Sanctions Policy
and Implementation, Bureau of Economic
and Business Affairs, Department of State.
[FR Doc. 2020–13806 Filed 6–25–20; 8:45 am]
BILLING CODE 4710–07–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2020–0027]
Request for Comments Concerning the
Extension of Particular Exclusions
Granted Under the $300 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:
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
SUMMARY:
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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 to 15 percent. On January 22, 2020,
the U.S. Trade Representative
determined to reduce the rate from 15
to 7.5 percent. The U.S. Trade
Representative initiated a product
exclusion process in October 2019, and
as of June 12, 2020, had issued five
product exclusion notices under this
action. The product exclusions granted
under these notices are scheduled to
expire on September 1, 2020. The U.S.
Trade Representative has decided to
consider a possible extension for up to
12 months of particular exclusions
granted under these initial five product
exclusion notices. The Office of the U.S.
Trade Representative (USTR) invites
public comment on whether to extend
particular exclusions.
DATES: July 1, 2020: 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 30, 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),
84 FR 22564 (May 17, 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), 85 FR 17936 (March
31, 2020), 85 FR 28693 (May 13, 2020),
85 FR 32099 (May 28, 2020), and 85 FR
35975 (June 12, 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
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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 on 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 eight-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
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 to 7.5
percent. See 85 FR 3741 (January 22,
2020).
The October 24 notice required
submission of requests for exclusion
from the $300 billion action no later
than January 31, 2020, and noted that
the U.S. Trade Representative
periodically would announce decisions.
As of June 12, 2020, the U.S. Trade
Representative had issued five notices
of product exclusions under the $300
billion action. These exclusions are
scheduled to expire on September 1,
2020.
B. Possible Extensions of Particular
Product Exclusions
The U.S. Trade Representative has
decided to consider a possible extension
for up to 12 months of particular
exclusions granted under the initial five
product exclusion notices under the
$300 billion action. At this time, USTR
is not considering product exclusion
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notices issued after June 12, 2020.
Accordingly, USTR invites public
comments on whether to extend
particular exclusions granted under the
following notices of product exclusions:
• 85 FR 13970 (March 10, 2020)
• 85 FR 15244 (March 17, 2020)
• 85 FR 17936 (March 31, 2020)
• 85 FR 28693 (May 13, 2020)
• 85 FR 35975 (June 12, 2020)
For exclusions amended or corrected
by a later issued notice of product
exclusions, 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 2019, 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 2019 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 2019 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
$300 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 July 1 to July 30, 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
available. Additionally, parties will be
able to upload documents and indicate
whether the documents are BCI or
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38483
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 July 1 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 public fields and BCI fields is not
visible on the attached facsimile, 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 business confidential
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
2019 with respect to the particular
product.
• The efforts you have undertaken
since September 2019 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.
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• 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.
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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 July 1, 2020 and the July 30,
2020 submission deadline. Parties
seeking to comment on two or more
exclusions must submit a separate
comment for each exclusion.
By submitting a comment, the
commenter certifies that the information
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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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38488
Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices
[FR Doc. 2020–13805 Filed 6–25–20; 8:45 am]
BILLING CODE 3290–F8–C
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. USTR–2020–0023]
Review of Action: Enforcement of U.S.
WTO Rights in Large Civil Aircraft
Dispute
Office of the United States
Trade Representative.
ACTION: Request for comments.
AGENCY:
The U.S. Trade
Representative is conducting a review of
the action being taken in the Section
301 investigation involving the
enforcement of U.S. World Trade
Organization (WTO) rights in the Large
Civil Aircraft dispute. In connection
with this review, the U.S. Trade
Representative is considering modifying
the list of products of certain current or
former European Union (EU) member
States that currently are subject to
additional duties. Annex I to this notice
contains the list of products currently
subject to additional duties. Annex II
contains a list of products, originally
published in the April and July 2019
notices in this investigation, under
consideration but not currently subject
to additional duties. Annex III contains
a new list of products being considered
for imposition of additional duties. The
Office of the United States Trade
Representative (USTR) requests
comments with respect to whether
products listed in Annex I should be
removed from the list or remain on the
list; whether the rate of additional duty
on specific products should be
increased, up to a level of 100 percent;
whether additional duties should be
imposed on specific products listed in
Annex II or Annex III; and on the rate
of additional duty of up to 100 percent
to be applied to any products drawn
from Annex II or Annex III. On June 26,
2020, USTR is opening an electronic
portal for submission of comments
regarding the review of the action.
DATES:
June 26, 2020: The docket entitled
‘‘Comments Concerning the
Enforcement of U.S. WTO Rights in
Large Civil Aircraft Dispute’’ will open
on USTR’s comment portal: https://
comments.ustr.gov/s/.
July 26, 2020: To be assured of
consideration, you must submit
comments by this date.
ADDRESSES: You must submit comments
through the online comment portal:
https://comments.ustr.gov/s/. Follow
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SUMMARY:
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the instructions for submitting
comments in section D below. For
issues with on-line submissions, please
contact the USTR Section 301 line at
(202) 395–5725.
FOR FURTHER INFORMATION CONTACT: For
questions about the investigation,
contact Associate General Counsel
Megan Grimball at (202) 395–5725, or
Director for Europe Michael Rogers at
(202) 395–3320. For questions on
customs classification of products
identified in the annexes to this notice,
contact Traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
A. Proceedings in the Investigation
For background on the proceedings in
this investigation, please see the prior
notices issued in the investigation: 84
FR 15028 (April 12, 2019), 84 FR 32248
(July 5, 2019), 84 FR 54245 (October 9,
2019), 84 FR 55998 (October 18, 2019),
84 FR 67992 (December 12, 2019), 85 FR
10204 (February 21, 2020), 85 FR 14517
(March 12, 2020) and, 85 FR 31845 (May
27, 2020).
B. Review of the Action in the
Investigation
The U.S. Trade Representative is
conducting a review of the action being
taken in the investigation to facilitate a
possible modification of the action in
accordance with Section 306(b)(2)(B)(i)
of the 1974 Trade Act, as amended.
USTR invites public comments with
respect to the maintenance or
imposition of additional duties on the
specific products of specific current or
former EU member States indicated on
the lists in the Annexes to this notice.
Annex I lists the specific products of
current or former EU member States that
currently are subject to additional duties
of 15 or 25 percent. See 85 FR 10204.
Annex II lists products of current or
former EU member States for which
additional duties of up to 100 percent
previously were proposed, but for
which no additional duties currently are
imposed in this investigation. See 84 FR
15028 and 84 FR 32248.
In addition, the U.S. Trade
Representative is considering an
additional list of products of France,
Germany, Spain, and the United
Kingdom that may be included on a
final list of products subject to
additional ad valorem duties of up to
100 percent. The additional list of
products (included in Annex III to this
notice) contains 30 tariff subheadings
with an approximate value of $3.1
billion in terms of the estimated import
trade value for calendar year 2018. If the
U.S. Trade Representative determines to
modify the action being taken in the
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investigation, the final list of products
subject to additional duties in the action
may be drawn from the list of products
in Annexes I, II, or III.
C. Request for Public Comments
With respect to products listed in
Annex I, USTR invites comments on
whether specific products of current or
former EU member States should remain
on or be removed from the list, and if
a product remains on the list, whether
the current rate of additional duty
should be increased to as high as 100
percent.
With respect to products listed in
Annexes II and III, USTR invites
comments on whether specific products
of specific current or former EU member
States should be included on a revised
list of products subject to additional
duties, and the rate of additional duty
(as high as 100 percent) that should be
imposed.
USTR invites interested persons to
address:
• Whether maintaining or imposing
additional duties on a specific product
of one or more current or former EU
member States would be appropriate to
enforce U.S. WTO rights or to obtain the
elimination of the EU’s WTOinconsistent measures, and/or would
likely result in the implementation of
the Dispute Settlement Body (DSB)
recommendations in the Large Civil
Aircraft dispute or in achieving a
mutually satisfactory solution.
• Whether maintaining or imposing
additional duties on specific products of
one or more current or former EU
member States would cause
disproportionate economic harm to U.S.
interests, including small or mediumsize businesses and consumers.
D. Procedures for Submission of
Comments
You must submit comments regarding
review of the action using the electronic
portal at https://comments.ustr.gov/s/.
As stated above, the docket regarding
the review of this action will open on
June 26, 2020. On that date, you will be
able to view a docket entitled
‘‘Comments Concerning the
Enforcement of U.S. WTO Rights in
Large Civil Aircraft Dispute’’ on the
portal. A facsimile of the Large Civil
Aircraft (LCA) comment form is
attached as Annex IV to this notice.
You do not need to establish an
account to submit comments. Fields
with a gray (BCI) notation are for
Business Confidential Information and
the information entered will not be
publicly available. Required fields are
marked ‘Required’ and will have a red
asterisk (*). Fields with a green (Public)
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]]>Agencies
[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Notices]
[Pages 38482-38488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13805]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2020-0027]
Request for Comments Concerning the Extension of Particular
Exclusions Granted Under the $300 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: 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 to 15 percent. On January 22, 2020, the
U.S. Trade Representative determined to reduce the rate from 15 to 7.5
percent. The U.S. Trade Representative initiated a product exclusion
process in October 2019, and as of June 12, 2020, had issued five
product exclusion notices under this action. The product exclusions
granted under these notices are scheduled to expire on September 1,
2020. The U.S. Trade Representative has decided to consider a possible
extension for up to 12 months of particular exclusions granted under
these initial five product exclusion notices. The Office of the U.S.
Trade Representative (USTR) invites public comment on whether to extend
particular exclusions.
DATES: July 1, 2020: 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 30, 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), 84 FR 22564 (May 17, 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), 85 FR 17936
(March 31, 2020), 85 FR 28693 (May 13, 2020), 85 FR 32099 (May 28,
2020), and 85 FR 35975 (June 12, 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
[[Page 38483]]
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 on 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 eight-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 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 to 7.5 percent. See 85 FR 3741 (January 22, 2020).
The October 24 notice required submission of requests for exclusion
from the $300 billion action no later than January 31, 2020, and noted
that the U.S. Trade Representative periodically would announce
decisions. As of June 12, 2020, the U.S. Trade Representative had
issued five notices of product exclusions under the $300 billion
action. These exclusions are scheduled to expire on September 1, 2020.
B. Possible Extensions of Particular Product Exclusions
The U.S. Trade Representative has decided to consider a possible
extension for up to 12 months of particular exclusions granted under
the initial five product exclusion notices under the $300 billion
action. At this time, USTR is not considering product exclusion notices
issued after June 12, 2020. Accordingly, USTR invites public comments
on whether to extend particular exclusions granted under the following
notices of product exclusions:
85 FR 13970 (March 10, 2020)
85 FR 15244 (March 17, 2020)
85 FR 17936 (March 31, 2020)
85 FR 28693 (May 13, 2020)
85 FR 35975 (June 12, 2020)
For exclusions amended or corrected by a later issued notice of
product exclusions, 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
2019, 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
2019 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 2019 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 $300 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 July 1 to July 30, 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 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
July 1 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 public fields and BCI
fields is not visible on the attached facsimile, 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 business confidential 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 2019 with respect to the particular
product.
The efforts you have undertaken since September 2019 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.
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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 July 1, 2020
and the July 30, 2020 submission deadline. Parties seeking to comment
on two or more exclusions 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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[FR Doc. 2020-13805 Filed 6-25-20; 8:45 am]
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