Notice of Product Exclusions and Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 41658-41669 [2020-14916]

Download as PDF 41658 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices Mitigation Measures The natural and cultural resource management programs and activities associated with the NRP have been designed to result in minimal adverse environmental impacts during their implementation and to result in longterm beneficial impacts. During implementation of the NRP, TVA will continue to conduct site- or activityspecific environmental reviews of its actions as appropriate and will incorporate appropriate mitigation measures, including those identified through associated consultation processes, to address adverse impacts. In January 2020, TVA completed a programmatic agreement (PA) with the Advisory Council on Historic Preservation and seven State Historic Preservation Officers to address a suite of activities. In addition, 21 federally recognized Indian tribes were invited to be signatories to the agreement. The PA addresses TVA’s compliance with Section 106 of the National Historic Preservation Act when implementing the various NRP activities. David L. Bowling, Jr. Vice President, River and Resources Stewardship. [FR Doc. 2020–14846 Filed 7–9–20; 8:45 am] BILLING CODE 8120–08–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Product Exclusions and Amendments: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative. ACTION: Notice of product exclusions. 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 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 jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 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 interested persons have submitted requests for the exclusion of specific products. This notice announces the U.S. Trade Representative’s determination to grant certain exclusion requests, as specified in the Annex to this notice, and make certain amendments to previously announced exclusions. The U.S. Trade Representative will continue to issue decisions on pending requests on a periodic basis. DATES: The product exclusions in this notice apply as of September 1, 2019, the effective date of List 1 of the $300 billion action, and will extend to September 1, 2020. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, contact Associate General Counsel Philip Butler, Assistant General Counsel Megan Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395–5725. For specific questions on customs classification or implementation of the product exclusions identified in the Annex to this notice, contact traderemedy@ cbp.dhs.gov. SUPPLEMENTARY INFORMATION: A. Background For background on the proceedings in this investigation, please see prior notices including: 82 FR 40213 (August 24, 2017), 83 FR 14906 (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 2018), 83 FR 38760 (August 7, 2018), 83 FR 40823 (August 16, 2018), 83 FR 47974 (September 21, 2018), 83 FR 49153 (September 28, 2018), 84 FR 20459 (May 9, 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 32098 (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 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 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 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 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 (October 24 notice). On December 18, 2019, 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. On January 22, 2020, the U.S. Trade Representative determined to further 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. Under the October 24 notice, requests for exclusion had to identify the product subject to the request in terms of the physical characteristics that distinguish the product from other products within the relevant eight-digit subheading covered by the $300 billion action. Requestors also had to provide the tendigit subheading of the HTSUS most applicable to the particular product requested for exclusion, and could submit information on the ability of U.S. Customs and Border Protection to administer the requested exclusion. Requestors were asked to provide the quantity and value of the Chinese-origin product they purchased in the last three years, among other information. With regard to the rationale for the requested exclusion, requests had to address the following factors: • Whether the particular product is available only from China and specifically whether the particular product and/or a comparable product is available from sources in the United States and/or third countries. E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES • Whether the imposition of additional duties on the particular product would cause severe economic harm to the requestor or other U.S. interests. • Whether the particular product is strategically important or related to ‘‘Made in China 2025’’ or other Chinese industrial programs. The October 24 notice stated that the U.S. Trade Representative would take into account whether an exclusion would undermine the objectives of the Section 301 investigation. The October 24 notice required submission of requests for exclusion from List 1 of the $300 billion action no later than January 31, 2020, and noted that the U.S. Trade Representative periodically would announce decisions. In March 2020, the U.S. Trade Representative granted an initial set of exclusion requests. See 85 FR 13970. The U.S. Trade Representative granted additional exclusions in March, May, and June 2020. See 85 FR 15244, 85 FR 17936, 85 FR 28693, as modified by 85 FR 32098, and 85 FR 35975. The Office VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 of the United States Trade Representative regularly updates the status of each pending request on the Exclusions Portal at https:// exclusions.ustr.gov/s/docket? docketNumber=USTR-2019-0017. B. Determination To Grant Certain Exclusions Based on the evaluation of the factors set out in the October 24 notice, which are summarized above, pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of 1974, as amended, and in accordance with the advice of the interagency Section 301 Committee, the U.S. Trade Representative has determined to grant the product exclusions set out in the Annex to this notice. The U.S. Trade Representative’s determination also takes into account advice from advisory committees and any public comments on the pertinent exclusion requests. As set out in the Annex, the exclusions are reflected in 61 specially prepared product descriptions, which together respond to 86 separate PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 41659 exclusion requests. In accordance with the October 24 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 subheading as described in the Annex, and not by the product descriptions set out in any particular request for exclusion. Paragraph A, subparagraphs (3)–(4) of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex. Paragraph B, subparagraphs (1)–(27) of the Annex contain technical corrections to address periodic revisions to the HTSUS subheadings in previously published exclusions. The U.S. Trade Representative will continue to issue determinations on pending requests on a periodic basis. Joseph Barloon, General Counsel, Office of the United States Trade Representative. BILLING CODE 3290–F0–P E:\FR\FM\10JYN1.SGM 10JYN1 VerDate Sep<11>2014 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 EN10JY20.009</GPH> jbell on DSKJLSW7X2PROD with NOTICES 41660 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 41661 EN10JY20.010</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 EN10JY20.011</GPH> jbell on DSKJLSW7X2PROD with NOTICES 41662 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 41663 EN10JY20.012</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 EN10JY20.013</GPH> jbell on DSKJLSW7X2PROD with NOTICES 41664 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 41665 EN10JY20.014</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 EN10JY20.015</GPH> jbell on DSKJLSW7X2PROD with NOTICES 41666 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 41667 EN10JY20.016</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4725 E:\FR\FM\10JYN1.SGM 10JYN1 EN10JY20.017</GPH> jbell on DSKJLSW7X2PROD with NOTICES 41668 [FR Doc. 2020–14916 Filed 7–9–20; 8:45 am] BILLING CODE 3290–F0–C DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2020–0661] Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: General Operating and Flight Rules FAR 91 and FAR 107 Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request Office of Management and Budget (OMB) approval to renew an information collection. The collection involves information required to process a request for a Minimum Equipment List (MEL) Letter of Authorization (LOA) in jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 accordance with certain regulations prescribing general operating and flight rules. The information to be collected is necessary because a written request is required to obtain an MEL LOA. The information collected includes only those details essential to evaluate the request, approve the MEL, and issue the LOA. DATES: Written comments should be submitted by September 8, 2020. ADDRESSES: Please send written comments: By Electronic Docket: www.regulations.gov (Enter docket number into search field). By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC 20591. By fax: 202–267–1078. FOR FURTHER INFORMATION CONTACT: John Attebury by email at: john.h.attebury@ faa.gov; phone: 281–443–5862. SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 41669 enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. OMB Control Number: 2120–0005. Title: General Operating and Flight Rules FAR 91 and FAR 107. Form Numbers: None. Type of Review: Renewal. Background: A person who desires to operate an aircraft with inoperative instruments or equipment under the provisions of 14 CFR 91.213(a) must receive approval for their minimum equipment list and be issued an LOA to use that MEL. The person must submit the MEL for approval along with a written request for an LOA to the responsible Flight Standards office. The information collected includes only those details essential to evaluate the request, approve the MEL, and issue the LOA. This information includes the aircraft operator’s name and address, the name and telephone number or email address of the person responsible for aircraft operations, aircraft make, model, E:\FR\FM\10JYN1.SGM 10JYN1 EN10JY20.018</GPH> Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices

Agencies

[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41658-41669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14916]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


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

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of product exclusions.

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

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 interested persons have submitted requests 
for the exclusion of specific products. This notice announces the U.S. 
Trade Representative's determination to grant certain exclusion 
requests, as specified in the Annex to this notice, and make certain 
amendments to previously announced exclusions. The U.S. Trade 
Representative will continue to issue decisions on pending requests on 
a periodic basis.

DATES: The product exclusions in this notice apply as of September 1, 
2019, the effective date of List 1 of the $300 billion action, and will 
extend to September 1, 2020.

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

SUPPLEMENTARY INFORMATION:

A. Background

    For background on the proceedings in this investigation, please see 
prior notices including: 82 FR 40213 (August 24, 2017), 83 FR 14906 
(April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 
2018), 83 FR 38760 (August 7, 2018), 83 FR 40823 (August 16, 2018), 83 
FR 47974 (September 21, 2018), 83 FR 49153 (September 28, 2018), 84 FR 
20459 (May 9, 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 32098 (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 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 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 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 (October 24 
notice). On December 18, 2019, 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. On January 22, 2020, the U.S. Trade Representative determined 
to further 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.
    Under the October 24 notice, requests for exclusion had to identify 
the product subject to the request in terms of the physical 
characteristics that distinguish the product from other products within 
the relevant eight-digit subheading covered by the $300 billion action. 
Requestors also had to provide the ten-digit subheading of the HTSUS 
most applicable to the particular product requested for exclusion, and 
could submit information on the ability of U.S. Customs and Border 
Protection to administer the requested exclusion. Requestors were asked 
to provide the quantity and value of the Chinese-origin product they 
purchased in the last three years, among other information. With regard 
to the rationale for the requested exclusion, requests had to address 
the following factors:
     Whether the particular product is available only from 
China and specifically whether the particular product and/or a 
comparable product is available from sources in the United States and/
or third countries.

[[Page 41659]]

     Whether the imposition of additional duties on the 
particular product would cause severe economic harm to the requestor or 
other U.S. interests.
     Whether the particular product is strategically important 
or related to ``Made in China 2025'' or other Chinese industrial 
programs.
    The October 24 notice stated that the U.S. Trade Representative 
would take into account whether an exclusion would undermine the 
objectives of the Section 301 investigation.
    The October 24 notice required submission of requests for exclusion 
from List 1 of the $300 billion action no later than January 31, 2020, 
and noted that the U.S. Trade Representative periodically would 
announce decisions. In March 2020, the U.S. Trade Representative 
granted an initial set of exclusion requests. See 85 FR 13970. The U.S. 
Trade Representative granted additional exclusions in March, May, and 
June 2020. See 85 FR 15244, 85 FR 17936, 85 FR 28693, as modified by 85 
FR 32098, and 85 FR 35975. The Office of the United States Trade 
Representative regularly updates the status of each pending request on 
the Exclusions Portal at https://exclusions.ustr.gov/s/docket?docketNumber=USTR-2019-0017.

B. Determination To Grant Certain Exclusions

    Based on the evaluation of the factors set out in the October 24 
notice, which are summarized above, pursuant to sections 301(b), 
301(c), and 307(a) of the Trade Act of 1974, as amended, and in 
accordance with the advice of the interagency Section 301 Committee, 
the U.S. Trade Representative has determined to grant the product 
exclusions set out in the Annex to this notice. The U.S. Trade 
Representative's determination also takes into account advice from 
advisory committees and any public comments on the pertinent exclusion 
requests.
    As set out in the Annex, the exclusions are reflected in 61 
specially prepared product descriptions, which together respond to 86 
separate exclusion requests. In accordance with the October 24 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 subheading as described in the Annex, and not by 
the product descriptions set out in any particular request for 
exclusion.
    Paragraph A, subparagraphs (3)-(4) of the Annex contain conforming 
amendments to the HTSUS reflecting the modifications made by the Annex. 
Paragraph B, subparagraphs (1)-(27) of the Annex contain technical 
corrections to address periodic revisions to the HTSUS subheadings in 
previously published exclusions.
    The U.S. Trade Representative will continue to issue determinations 
on pending requests on a periodic basis.

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

[[Page 41660]]

[GRAPHIC] [TIFF OMITTED] TN10JY20.009


[[Page 41661]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.010


[[Page 41662]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.011


[[Page 41663]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.012


[[Page 41664]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.013


[[Page 41665]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.014


[[Page 41666]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.015


[[Page 41667]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.016


[[Page 41668]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.017


[[Page 41669]]


[GRAPHIC] [TIFF OMITTED] TN10JY20.018

[FR Doc. 2020-14916 Filed 7-9-20; 8:45 am]
BILLING CODE 3290-F0-C