Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 41267-41271 [2020-14833]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 / Notices (Pet. 5.) According to NSR, it plans to convey the Line’s right-of-way, pursuant to an interim trail use/rail banking agreement, to Open Space Institute Land Trust, Inc. (OSI) so that the Line may be used for a public redevelopment project. (Id. at 3, 5.) NSR states that OSI, in partnership with Hudson and Essex Counties, plans to redevelop the Line, create greenways, and provide for alternative modal access to various sites located along the Line, which would promote economic growth in the region. (Id. at 3, 5, 15.) In addition to an exemption from 49 U.S.C. 10903, NSR also seeks an exemption from the offer of financial assistance procedures of 49 U.S.C. 10904. In support, NSR states that the Line is needed for a valid public purpose, i.e., the redevelopment project, and there is no overriding public need for continued freight rail service along the Line. (Pet. 17–18.) According to NSR, the reinstitution of freight rail service under 10904 would be incompatible with the intended use of the Line by OSI and Hudson and Essex Counties. (Id. at 17.) This request will be addressed in the final decision. According to NSR, the Line does not contain any federally granted rights-ofway. Any documentation in NSR’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by October 7, 2020. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) for continued rail service will be due no later than 120 days after the filing of the petition for exemption, or 10 days after service of a decision granting the petition for exemption, whichever occurs sooner. Persons interested in submitting an OFA must first file a formal expression of intent to file an offer by July 20, 2020, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i). Following authorization for abandonment, the Line may be suitable milepost WD 11.5 since 2009, before which the segment served as an overhead route to access one customer located on the Orange Industrial Track. (Id. at 4, 11.) VerDate Sep<11>2014 16:40 Jul 08, 2020 Jkt 250001 for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for interim trail use/rail banking under 49 CFR 1152.29 will be due no later than July 29, 2020.2 All pleadings, referring to Docket No. AB 290 (Sub-No. 408X), must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on NSR’s representative, William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Avenue NW, Suite 300, Washington, DC 20037. Replies to the petition are due on or before July 29, 2020. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis (OEA) at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who comment during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA generally will be within 30 days of its service. Board decisions and notices are available at www.stb.gov. Decided: July 6, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2020–14803 Filed 7–8–20; 8:45 am] BILLING CODE 4915–01–P 2 The filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 41267 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Product Exclusion Extensions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative. ACTION: Notice of product exclusion extensions. AGENCY: Effective July 6, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated the exclusion process in July 2018 and, to date, has granted 10 sets of exclusions under the $34 billion action. The sixth set of exclusions was published in July 2019 and will expire in July 2020. On April 30, 2020, the U.S. Trade Representative established a process for the public to comment on whether to extend particular exclusions granted in July 2019 for up to 12 months. This notice announces the U.S. Trade Representative’s determination to extend certain exclusions through December 31, 2020. DATES: The product exclusion extensions announced in this notice will apply as of July 9, 2020, and extend through December 31, 2020. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, contact Assistant General Counsels Philip Butler or Benjamin Allen, or Director of Industrial Goods Justin Hoffmann at (202) 395–5725. For specific questions on customs classification or implementation of the product exclusions identified in the Annex to this notice, contact traderemedy@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: A. Background For background on the proceedings in this investigation, please see prior notices including: 82 FR 40213 (August 23, 2017), 83 FR 14906 (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 32181 (July 11, 2018), 83 FR 67463 (December 28, 2018), 84 FR 11152 (March 25, 2019), 84 FR 16310 (April 18, 2019), 84 FR 21389 (May 14, 2019), 84 FR 25895 (June 4, 2019), 84 FR 32821 E:\FR\FM\09JYN1.SGM 09JYN1 41268 Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES (July 9, 2019), 84 FR 43304 (August 20, 2019), 84 FR 46212 (September 3, 2019), 84 FR 49564 (September 20, 2019), 84 FR 52567 (October 2, 2019), 84 FR 58427 (October 31, 2019), 84 FR 70616 (December 23, 2019), 84 FR 72102 (December 30, 2019), 85 FR 6687 (February 5, 2020), 85 FR 12373 (March 2, 2020), 85 FR 16181 (March 20, 2020), 85 FR 24081 (April 30, 2020), 85 FR 33775 (June 2, 2020), and 85 FR 34274 (June 3, 2020). Effective July 6, 2018, the U.S. Trade Representative imposed additional 25 percent duties on goods of China classified in 818 eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $34 billion. See 83 FR 28710 (the $34 billion action). The U.S. Trade Representative’s determination included a decision to establish a process by which U.S. stakeholders could request exclusion of particular products classified within an eight-digit HTSUS subheading covered by the $34 billion action from the additional duties. The U.S. Trade Representative issued a notice setting out the process for the product exclusions and opened a public docket. See 83 FR 32181 (the July 11 notice). In July 2019, the U.S. Trade Representative granted a set of exclusion requests, which expire on July 9, 2020. See 84 FR 32821 (the July 9 notice). On April 30, 2020, the U.S. Trade Representative invited the public to comment on whether to extend by up to 12 months, particular exclusions granted in the July 9 notice. See 85 FR 24081 (the April 30 notice). Under the April 30 notice, commenters were asked to address whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries; any changes in the global supply chain since July 2018 with respect to the particular product, or any other relevant industry developments; and efforts, if any, importers or U.S. purchasers have undertaken since July 2018 to source the VerDate Sep<11>2014 16:40 Jul 08, 2020 Jkt 250001 product from the United States or third countries. In addition, commenters who were importers and/or purchasers of the products covered by an exclusion were asked to provide information regarding their efforts since July 2018 to source the product from the United States or third countries; the value and quantity of the Chinese-origin product covered by the specific exclusion request purchased in 2018 and 2019, and whether these purchases are from a related company; whether Chinese suppliers have lowered their prices for products covered by the exclusion following the imposition of duties; the value and quantity of the product covered by the exclusion purchased from domestic and third country sources in 2018 and 2019; 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; and any additional information in support or in opposition of the extending the exclusion. The April 30 notice required the submission of comments no later than June 1, 2020. B. Determination To Extend Certain Exclusions Based on evaluation of the factors set out in the July 11 notice and April 30 notice, which are summarized above, pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of 1974, as amended, and in accordance with the advice of the interagency Section 301 Committee, the U.S. Trade Representative has determined to extend certain product exclusions covered by the July 9 notice, as set out in the Annex to this notice. The April 30 notice provided that the U.S. Trade Representative would consider extensions of up to 12 months. In light of the cumulative effect of PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 current and possible future exclusions or extensions of exclusions on the effectiveness of the action taken in this investigation, the U.S. Trade Representative has determined to extend the exclusions in the Annex to this notice for less than 12 months— through December 31, 2020. To date, the U.S. Trade Representative has granted more than 6,200 exclusion requests, has extended some of these exclusions, and may consider further extensions of exclusions. More than 6,500 requests are pending on the products covered by the action taken on August 20, 2019. The U.S. Trade Representative will take account of the cumulative effect of exclusions in considering the possible further extension of the exclusions covered by this notice, as well as possible extensions of exclusions of other products covered by the action in this investigation. The U.S. Trade Representative’s determination also takes into account advice from advisory committees and any public comments concerning extension of the pertinent exclusion. In accordance with the July 11 notice, the exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the ten-digit HTSUS headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. As set out in the Annex, the U.S. Trade Representative has determined to extend, through December 31, 2020, the following exclusions granted under the July, 2019 notice under heading 9903.88.11 and under U.S. note 20(n) to subchapter III of chapter 99 of the HTSUS: (8), (17), (18), (23), (28), (77), (85), (87), (88), (97), (98), and (106). Joseph Barloon, General Counsel, Office of the United States Trade Representative. BILLING CODE 3290–F0–C E:\FR\FM\09JYN1.SGM 09JYN1 VerDate Sep<11>2014 16:40 Jul 08, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4725 E:\FR\FM\09JYN1.SGM 09JYN1 41269 EN09JY20.020</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 / Notices 16:40 Jul 08, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4725 E:\FR\FM\09JYN1.SGM 09JYN1 EN09JY20.021</GPH> jbell on DSKJLSW7X2PROD with NOTICES 41270 Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 / Notices BILLING CODE 3290–F0–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aviation Rulemaking Advisory Committee; Meeting Federal Aviation Administration (FAA), DOT. ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC) meeting. AGENCY: This notice announces a meeting of the ARAC. DATES: The meeting will be held on Thursday, September 10, 2020, from 1:00 p.m. to 4:00 p.m. Eastern Daylight Time. Requests to attend the meeting must be received by Monday, August 24, 2020. Requests for accommodations to a disability must be received by Monday, August 24, 2020. Requests to submit written materials to be reviewed during the meeting must be received no later than Monday, August 24, 2020. ADDRESSES: The meeting will be held virtually. Members of the public who wish to observe the meeting must RSVP by emailing 9-awa-arac@faa.gov. General committee information including copies of the meeting minutes will be available on the FAA Committee website at https://www.faa.gov/ regulations_policies/rulemaking/ committees/documents/. FOR FURTHER INFORMATION CONTACT: Lakisha Pearson, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267–4191; fax (202) 267–5075; email 9-awa-arac@faa.gov. Any committee-related request should be sent to the person listed in this section. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: SUPPLEMENTARY INFORMATION: The ARAC was created under the Federal Advisory Committee Act (FACA), in accordance with Title 5 of the United States Code (5 U.S.C. App. 16:40 Jul 08, 2020 to the committee at any time. The public may present written statements to the Aviation Rulemaking Advisory Committee by providing a copy to the Designated Federal Officer via the email listed in the FOR FURTHER INFORMATION CONTACT section. II. Agenda Issued in Washington, DC, on July 2, 2020. Brandon Roberts, Executive Director, Office of Rulemaking. At the meeting, the agenda will cover the following topics: • Status Report from the FAA • Status Updates: Æ Active Working Groups Æ Transport Airplane and Engine (TAE) Subcommittee • Recommendation Reports • Any Other Business Detailed agenda information will be posted on the FAA Committee website address listed in the ADDRESSES section at least one week in advance of the meeting. III. Public Participation The meeting will be open to the public on a first-come, first-served basis, as space is limited. Please confirm your attendance with the person listed in the FOR FURTHER INFORMATION CONTACT section. Please provide the following information: Full legal name, country of citizenship, and name of your industry association, or applicable affiliation. If you are attending as a public citizen, please indicate so. For persons participating by telephone, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section by email or phone for the teleconference call-in number and passcode. Callers are responsible for paying long-distance charges. The U.S. Department of Transportation is committed to providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT I. Background VerDate Sep<11>2014 2) to provide advice and recommendations to the FAA concerning rulemaking activities, such as aircraft operations, airman and air agency certification, airworthiness standards and certification, airports, maintenance, noise, and training. Jkt 250001 section. The FAA is not accepting oral presentations at this meeting due to time constraints. Any member of the public may present a written statement PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 [FR Doc. 2020–14792 Filed 7–8–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. FAA–2020–39] Petition for Exemption; Summary of Petition Received; Sands Aviation, LLC Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. SUMMARY: Comments on this petition must identify the petition docket number and must be received on or before July 29, 2020. ADDRESSES: Send comments identified by docket number FAA–2020–0444 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. DATES: E:\FR\FM\09JYN1.SGM 09JYN1 EN09JY20.022</GPH> [FR Doc. 2020–14833 Filed 7–8–20; 8:45 am] 41271

Agencies

[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Notices]
[Pages 41267-41271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14833]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Product Exclusion Extensions: China's Acts, Policies, 
and Practices Related to Technology Transfer, Intellectual Property, 
and Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of product exclusion extensions.

-----------------------------------------------------------------------

SUMMARY: Effective July 6, 2018, the U.S. Trade Representative imposed 
additional duties on goods of China with an annual trade value of 
approximately $34 billion as part of the action in the Section 301 
investigation of China's acts, policies, and practices related to 
technology transfer, intellectual property, and innovation. The U.S. 
Trade Representative initiated the exclusion process in July 2018 and, 
to date, has granted 10 sets of exclusions under the $34 billion 
action. The sixth set of exclusions was published in July 2019 and will 
expire in July 2020. On April 30, 2020, the U.S. Trade Representative 
established a process for the public to comment on whether to extend 
particular exclusions granted in July 2019 for up to 12 months. This 
notice announces the U.S. Trade Representative's determination to 
extend certain exclusions through December 31, 2020.

DATES: The product exclusion extensions announced in this notice will 
apply as of July 9, 2020, and extend through December 31, 2020. U.S. 
Customs and Border Protection will issue instructions on entry guidance 
and implementation.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Assistant General Counsels Philip Butler or Benjamin 
Allen, or Director of Industrial Goods Justin Hoffmann at (202) 395-
5725. For specific questions on customs classification or 
implementation of the product exclusions identified in the Annex to 
this notice, contact [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    For background on the proceedings in this investigation, please see 
prior notices including: 82 FR 40213 (August 23, 2017), 83 FR 14906 
(April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 32181 (July 11, 
2018), 83 FR 67463 (December 28, 2018), 84 FR 11152 (March 25, 2019), 
84 FR 16310 (April 18, 2019), 84 FR 21389 (May 14, 2019), 84 FR 25895 
(June 4, 2019), 84 FR 32821

[[Page 41268]]

(July 9, 2019), 84 FR 43304 (August 20, 2019), 84 FR 46212 (September 
3, 2019), 84 FR 49564 (September 20, 2019), 84 FR 52567 (October 2, 
2019), 84 FR 58427 (October 31, 2019), 84 FR 70616 (December 23, 2019), 
84 FR 72102 (December 30, 2019), 85 FR 6687 (February 5, 2020), 85 FR 
12373 (March 2, 2020), 85 FR 16181 (March 20, 2020), 85 FR 24081 (April 
30, 2020), 85 FR 33775 (June 2, 2020), and 85 FR 34274 (June 3, 2020).
    Effective July 6, 2018, the U.S. Trade Representative imposed 
additional 25 percent duties on goods of China classified in 818 eight-
digit subheadings of the Harmonized Tariff Schedule of the United 
States (HTSUS), with an approximate annual trade value of $34 billion. 
See 83 FR 28710 (the $34 billion action). The U.S. Trade 
Representative's determination included a decision to establish a 
process by which U.S. stakeholders could request exclusion of 
particular products classified within an eight-digit HTSUS subheading 
covered by the $34 billion action from the additional duties. The U.S. 
Trade Representative issued a notice setting out the process for the 
product exclusions and opened a public docket. See 83 FR 32181 (the 
July 11 notice).
    In July 2019, the U.S. Trade Representative granted a set of 
exclusion requests, which expire on July 9, 2020. See 84 FR 32821 (the 
July 9 notice). On April 30, 2020, the U.S. Trade Representative 
invited the public to comment on whether to extend by up to 12 months, 
particular exclusions granted in the July 9 notice. See 85 FR 24081 
(the April 30 notice).
    Under the April 30 notice, commenters were asked to address whether 
the particular product and/or a comparable product is available from 
sources in the United States and/or in third countries; any changes in 
the global supply chain since July 2018 with respect to the particular 
product, or any other relevant industry developments; and efforts, if 
any, importers or U.S. purchasers have undertaken since July 2018 to 
source the product from the United States or third countries.
    In addition, commenters who were importers and/or purchasers of the 
products covered by an exclusion were asked to provide information 
regarding their efforts since July 2018 to source the product from the 
United States or third countries; the value and quantity of the 
Chinese-origin product covered by the specific exclusion request 
purchased in 2018 and 2019, and whether these purchases are from a 
related company; whether Chinese suppliers have lowered their prices 
for products covered by the exclusion following the imposition of 
duties; the value and quantity of the product covered by the exclusion 
purchased from domestic and third country sources in 2018 and 2019; 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; and any additional information in support or in opposition 
of the extending the exclusion.
    The April 30 notice required the submission of comments no later 
than June 1, 2020.

B. Determination To Extend Certain Exclusions

    Based on evaluation of the factors set out in the July 11 notice 
and April 30 notice, which are summarized above, pursuant to sections 
301(b), 301(c), and 307(a) of the Trade Act of 1974, as amended, and in 
accordance with the advice of the interagency Section 301 Committee, 
the U.S. Trade Representative has determined to extend certain product 
exclusions covered by the July 9 notice, as set out in the Annex to 
this notice.
    The April 30 notice provided that the U.S. Trade Representative 
would consider extensions of up to 12 months. In light of the 
cumulative effect of current and possible future exclusions or 
extensions of exclusions on the effectiveness of the action taken in 
this investigation, the U.S. Trade Representative has determined to 
extend the exclusions in the Annex to this notice for less than 12 
months--through December 31, 2020. To date, the U.S. Trade 
Representative has granted more than 6,200 exclusion requests, has 
extended some of these exclusions, and may consider further extensions 
of exclusions. More than 6,500 requests are pending on the products 
covered by the action taken on August 20, 2019. The U.S. Trade 
Representative will take account of the cumulative effect of exclusions 
in considering the possible further extension of the exclusions covered 
by this notice, as well as possible extensions of exclusions of other 
products covered by the action in this investigation. The U.S. Trade 
Representative's determination also takes into account advice from 
advisory committees and any public comments concerning extension of the 
pertinent exclusion.
    In accordance with the July 11 notice, the exclusions are available 
for any product that meets the description in the Annex, regardless of 
whether the importer filed an exclusion request. Further, the scope of 
each exclusion is governed by the scope of the ten-digit HTSUS headings 
and product descriptions in the Annex to this notice, and not by the 
product descriptions set out in any particular request for exclusion.
    As set out in the Annex, the U.S. Trade Representative has 
determined to extend, through December 31, 2020, the following 
exclusions granted under the July, 2019 notice under heading 9903.88.11 
and under U.S. note 20(n) to subchapter III of chapter 99 of the HTSUS: 
(8), (17), (18), (23), (28), (77), (85), (87), (88), (97), (98), and 
(106).

Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
BILLING CODE 3290-F0-C

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[FR Doc. 2020-14833 Filed 7-8-20; 8:45 am]
BILLING CODE 3290-F0-P