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]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 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); VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 • 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: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 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 E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 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 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26JNN1.SGM 26JNN1 38484 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES • 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. VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 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 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 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–F8–P E:\FR\FM\26JNN1.SGM 26JNN1 VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 38485 EN26JN20.096</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 EN26JN20.097</GPH> jbell on DSKJLSW7X2PROD with NOTICES 38486 VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00132 Fmt 4703 Sfmt 9990 E:\FR\FM\26JNN1.SGM 26JNN1 38487 EN26JN20.098</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices 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 jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 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 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 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) E:\FR\FM\26JNN1.SGM 26JNN1

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]


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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.

[[Page 38484]]

     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]
BILLING CODE 3290-F8-C