Notice of Product Exclusion Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 42968-42970 [2020-15288]
Download as PDF
<![CDATA[
42968
Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Notices
governments; Federal Government; and
Universities.
• Estimated Number of Respondents:
2,001,550.
• Estimated Time per Response:
Varied, dependent upon the data
collection method used. The possible
response time to complete a
questionnaire or survey may be 3
minutes or up to 1.5 hours to participate
in an interview.
• Estimated Total Annual Burden
Hours: 101,125.
• Estimated Total Annual Cost to
Public: $0.
C. Public Comments
The Department of State invites
comments on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Comments submitted in
response to this notice will be
summarized and/or included in the
request for OMB approval of this
information collection; they also will
become a matter of public record.
Zachary Parker,
Director.
[FR Doc. 2020–15285 Filed 7–14–20; 8:45 am]
BILLING CODE 4710–24–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusion
Amendments: China’s Acts, Policies,
and Practices Related to Technology
Transfer, Intellectual Property, and
Innovation
Office of the United States
Trade Representative.
ACTION: Notice of product exclusion
amendments.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
In September 2018, the U.S.
Trade Representative imposed
additional duties on goods of China
with an annual trade value of
approximately $200 billion as part of
the action in the Section 301
investigation of China’s acts, policies,
and practices related to technology
SUMMARY:
VerDate Sep<11>2014
17:59 Jul 14, 2020
Jkt 250001
transfer, intellectual property, and
innovation. The U.S. Trade
Representative initiated a product
exclusion process in June 2019, and
interested persons have submitted
requests for the exclusion of specific
products. This notice announces the
U.S. Trade Representative’s
determination to make technical
amendments to previously announced
exclusions.
DATES: The amendments announced in
this notice are retroactive to the date of
publication of the original exclusions.
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 47974
(September 21, 2018), 83 FR 49153
(September 28, 2018), 83 FR 65198
(December 19, 2018), 84 FR 7966 (March
5, 2019), 84 FR 20459 (May 9, 2019), 84
FR 29576 (June 24, 2019), 84 FR 38717
(August 7, 2019), 84 FR 46212
(September 3, 2019), 84 FR 49591
(September 20, 2019), 84 FR 57803
(October 28, 2019), 84 FR 61674
(November 13, 2019), 84 FR 65882
(November 29, 2019), 84 FR 69012
(December 17, 2019), 85 FR 549 (January
6, 2020), 85 FR 6674 (February 5, 2020),
85 FR 9921 (February 20, 2020), 85 FR
15015 (March 16, 2020), 85 FR 17158
(March 26, 2020), 85 FR 23122 (April
24, 2020), 85 FR 27489 (May 8, 2020),
85 FR 32094 (May 28, 2020), and 85 FR
38000 (June 24, 2020).
Effective September 24, 2018, the U.S.
Trade Representative imposed
additional 10 percent ad valorem duties
on goods of China classified in 5,757
full and partial subheadings of the
Harmonized Tariff Schedule of the
United States (HTSUS), with an
approximate annual trade value of $200
billion. See 83 FR 47974, as modified by
83 FR 49153. In May 2019, the U.S.
Trade Representative increased the
additional duty to 25 percent. See 84 FR
20459. On June 24, 2019, the U.S. Trade
PO 00000
Frm 00150
Fmt 4703
Sfmt 4703
Representative established a process by
which stakeholders could request
exclusion of particular products
classified within an eight-digit HTSUS
subheading covered by the $200 billion
action from the additional duties. See 84
FR 29576 (June 24 notice).
Under the June 24 notice, requests for
exclusion had to identify the product
subject to the request in terms of the
physical characteristics that distinguish
the product from other products within
the relevant eight-digit HTSUS
subheading covered by the $200 billion
action. Requestors also had to provide
the ten-digit HTSUS subheading most
applicable to the particular product
requested for exclusion, and could
submit information on the ability of U.S.
Customs and Border Protection to
administer the requested exclusion.
Requestors were asked to provide the
quantity and value of the Chinese-origin
product that the requestor purchased in
the last three years. With regard to the
rationale for the requested exclusion,
requests had to address the following
factors:
• Whether the particular product is
available only from China and
specifically whether the particular
product and/or a comparable product is
available from sources in the United
States and/or third countries.
• Whether the imposition of
additional duties on the particular
product would cause severe economic
harm to the requestor or other U.S.
interests.
• Whether the particular product is
strategically important or related to
‘‘Made in China 2025’’ or other Chinese
industrial programs.
The June 24 notice stated that the U.S.
Trade Representative would take into
account whether an exclusion would
undermine the objective of the Section
301 investigation.
The June 24 notice required
submission of requests for exclusion
from the $200 billion action no later
than September 30, 2019, and noted that
the U.S. Trade Representative
periodically would announce decisions.
In August 2019, the U.S. Trade
Representative granted an initial set of
exclusion requests. See 84 FR 38717.
The U.S. Trade Representative granted
additional exclusions in September,
October, November and December 2019,
and in January, February, March, April,
May and June 2020. See 84 FR 49591;
84 FR 57803; 84 FR 61674; 84 FR 65882;
84 FR 69012; 85 FR 549; 85 FR 6674; 85
FR 9921; 85 FR 15015; 85 FR 17158; 85
FR 23122; 85 FR 27489; 85 FR 32094;
and 85 FR 38000. The Office of the
United States Trade Representative
regularly updates the status of each
E:\FR\FM\15JYN1.SGM
15JYN1
Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Notices
pending request on the Exclusions
Portal at https://exclusions.ustr.gov/s/
docket?docketNumber=USTR-20190005.
khammond on DSKJM1Z7X2PROD with NOTICES
B. Technical Amendments to
Exclusions
The Annex contains 14 technical
amendments to U.S. notes 20(ll)(24) and
(25); U.S. notes 20(vv)(71) and (116);
U.S. notes 20(xx)(20), (43), and (44);
U.S. notes 20(yy)(75), (113), (116), (117),
(118), and (138); and U.S. note
20(aaa)(47) to subchapter III of chapter
99 of the HTSUS, as set out in the
Annexes of the notices published at 84
FR 57803 (October 28, 2019), 85 FR
17158 (Match 26, 2020), 85 FR 23122
(April 24, 2020), 85 FR 27489 (May 8,
2020), and 85 FR 32094 (May 28, 2020).
The Annex also makes three additional
amendments to accommodate
conforming changes to the HTSUS: U.S.
note 20(qq)(35), U.S. note 20(vv)(79),
and U.S. note 20(aaa)(49) to subchapter
III of chapter 99 of the HTSUS,
published at 85 FR 6674 (February 5,
2020), 85 FR 17158 (Match 26, 2020),
and 85 FR 32094 (May 28, 2020).
As stated in the September 20, 2019
notice, the exclusions apply from
September 24, 2018 to August 7, 2020.
U.S. Customs and Border Protection will
issue instructions on entry guidance and
implementation.
The U.S. Trade Representative will
continue to issue determinations on
pending requests on a periodic basis.
Annex
Effective with respect to goods
entered for consumption, or withdrawn
from warehouse for consumption, on or
after 12:01 a.m. eastern daylight time on
September 24, 2018, subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS)
is modified:
1. U.S. note 20(ll)(24) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘valued not over
$0.10 per kg’’ and inserting ‘‘valued not
over $0.05 per piece’’ in lieu thereof.
2. U.S. note 20(ll)(25) to subchapter III
of chapter 99 of the Harmonized Tariff
Schedule of the United States is
modified by deleting ‘‘valued not over
$0.10 per kg’’ and inserting ‘‘valued not
over $0.07 per piece’’ in lieu thereof.
3. U.S. note 20(vv)(71) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘with adhesive on
one side, in rectangular sheets having
rounded corners, each measuring 55
mm by 120 mm but no more than 212
mm by 278 mm and at least 0.51 mm
but no more than 0.55 mm in thickness’’
VerDate Sep<11>2014
17:59 Jul 14, 2020
Jkt 250001
and inserting ‘‘transparent, cut, and
treated, with adhesive on one side, in
rectangular sheets, each weighing at
least 6 g but not more than 77 g, each
measuring not less than 2.8 cm but not
more than 28 cm in height, not less than
1.9 cm but not more than 21 cm in
width, and not more than 0.1 cm in
thickness’’ in lieu thereof.
4. U.S. note 20(vv)(116) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘incorporating
permanent split capacitors,’’ and
inserting ‘‘whether or not incorporating
permanent split capacitors,’’ in lieu
thereof.
5. U.S. note 20(xx)(20) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘without
hydration systems,’’.
6. U.S. note 20(xx)(43) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘each measuring
no less than 328 mm by 127 mm by 107
mm and no more than 352 mm by 209
mm by 162 mm’’ and inserting ‘‘each
measuring no less than 323 mm by 122
mm by 102 mm and no more than 357
mm by 214 mm by 167 mm’’ in lieu
thereof.
7. U.S. note 20(xx)(44) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘each measuring
not less than 350 mm by 127 mm by 107
mm and not more than 350 mm by 168
mm by 140 mm, of an output of 115 W
to 280 W, and weighing at least 1.85 kg
and no more than 2.08 kg’’ and inserting
‘‘each measuring not less than 345 mm
by 122 mm by 102 mm and not more
than 355 mm by 173 mm by 145 mm,
of an output of 100 W to 285 W, and
weighing at least 1.80 kg but no more
than 2.72 kg’’ in lieu thereof.
8. U.S. note 20(yy)(75) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘with 89 mm
pump and 11 gauge steel forks’’ and
inserting ‘‘with a pump measuring
between 89 mm and 105 mm and steel
forks with a Gauge Range between 9–
12’’ in lieu thereof.
9. U.S. note 20(yy)(113) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘suitable for use in
automatic transmission systems for
passenger motor vehicles (described in
statistical reporting number
8708.99.6890)’’ and inserting
‘‘(described in statistical reporting
number 8708.40.7570)’’ in lieu thereof.
10. U.S. note 20(yy)(116) to
subchapter III of chapter 99 of the
PO 00000
Frm 00151
Fmt 4703
Sfmt 4703
42969
Harmonized Tariff Schedule of the
United States is modified by deleting
‘‘suitable for use in automatic
transmission systems for passenger
motor vehicles (described in statistical
reporting number 8708.99.6890)’’ and
inserting ‘‘(described in statistical
reporting number 8708.40.7570)’’ in lieu
thereof.
11. U.S. note 20(yy)(117) to
subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the
United States is modified by deleting
‘‘suitable for use in automatic
transmission systems for passenger
motor vehicles (described in statistical
reporting number 8708.99.6890)’’ and
inserting ‘‘(described in statistical
reporting number 8708.40.7570)’’ in lieu
thereof.
12. U.S. note 20(yy)(118) to
subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the
United States is modified by deleting
‘‘suitable for use in automatic
transmission systems for passenger
motor vehicles (described in statistical
reporting number 8708.99.6890)’’ and
inserting ‘‘(described in statistical
reporting number 8708.40.7570)’’ in lieu
thereof.
13. U.S. note 20(yy)(138) to
subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the
United States is modified by deleting
‘‘not more than 25.4 cm in height’’ and
inserting ‘‘not more than 45 cm in
height’’ in lieu thereof.
14. U.S. note 20(aaa)(47) to
subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the
United States is modified by deleting
‘‘for assembly in cuplock
configurations’’ and inserting ‘‘for
assembly in ringlock or cuplock
configurations’’ in lieu thereof.
15. U.S. note 20(qq)(35) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘(described in
statistical reporting number
4823.90.8600)’’ and inserting
‘‘(described in statistical reporting
number 4823.90.8600 prior to July 1,
2020; described in statistical reporting
number 4823.90.8680 effective July 1,
2020)’’ in lieu thereof.
16. U.S. note 20 (vv)(79) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States is
modified by deleting ‘‘(described in
statistical reporting number
7310.10.0010)’’ and inserting
‘‘(described in statistical reporting
number 7310.10.0010) prior to July 1,
2020; described in statistical reporting
number 7310.10.0015 effective July 1,
2020)’’ in lieu thereof.
E:\FR\FM\15JYN1.SGM
15JYN1
42970
Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Notices
17. U.S. note 20(aaa)(49) to
subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the
United States is modified by deleting
‘‘(described in statistical reporting
number 7310.10.0010)’’ and inserting
‘‘(described in statistical reporting
number 7310.10.0010 prior to July 1,
2020; described in statistical reporting
number 7310.10.0015 effective July 1,
2020)’’ in lieu thereof.
Joseph Barloon,
General Counsel, Office of the U.S. Trade
Representative.
[FR Doc. 2020–15288 Filed 7–14–20; 8:45 am]
BILLING CODE 3290–F0–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusion
Amendment: China’s Acts, Policies,
and Practices Related to Technology
Transfer, Intellectual Property, and
Innovation
Office of the United States
Trade Representative.
AGENCY:
ACTION:
Notice.
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’s
determination included a decision to
establish a product exclusion process,
which was initiated in July 2018.
Stakeholders submitted requests for the
exclusion of specific products and the
U.S. Trade Representative has issued
determinations to grant exclusion
requests. This notice announces the U.S.
Trade Representative’s determination to
make a technical amendment to a
previously granted exclusion.
SUMMARY:
This technical amendment is
retroactive to the date of publication of
the original exclusion and does not
extend the period for the original
exclusion. U.S. Customs and Border
Protection will issue instructions on
entry guidance and implementation.
khammond on DSKJM1Z7X2PROD with NOTICES
DATES:
For
general questions about this notice,
contact Associate General Counsel
Philip Butler 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
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
17:59 Jul 14, 2020
Jkt 250001
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 65198 (December 19,
2018), 83 FR 67463 (December 28,
2018), 84 FR 7966 (March 5, 2019), 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 (July 9, 2019), 84 FR 49564
(September 20, 2019), 84 FR 52567
(October 2, 2019), 84 FR 69016
(December 17, 2019), 85 FR 7816
(February 11, 2020), 85 FR 28692 (May
13, 2020), and 85 FR 35158 (June 8,
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 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).
Under the July 11 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 $34 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 that the requestor purchased in
the last three years. With regard to the
rationale for the requested exclusion,
requests had to address the following
factors:
• Whether the particular product is
available only from China and,
PO 00000
Frm 00152
Fmt 4703
Sfmt 9990
specifically, whether the particular
product and/or a comparable product is
available from sources in the United
States and/or third countries.
• Whether the imposition of
additional duties on the particular
product would cause severe economic
harm to the requestor or other U.S.
interests.
• Whether the particular product is
strategically important or related to
‘‘Made in China 2025’’ or other Chinese
industrial programs.
The July 11 notice stated that the U.S.
Trade Representative would take into
account whether an exclusion would
undermine the objective of the Section
301 investigation.
The July 11 notice required
submission of requests for exclusion
from the $34 billion action no later than
October 9, 2018, and noted that the U.S.
Trade Representative periodically
would announce decisions. In December
2018, the U.S. Trade Representative
granted an initial set of exclusion
requests. See 83 FR 67463. The U.S.
Trade Representative announced
additional determinations in March,
April, May, June, July, September,
October, and December 2019; and
February, May, and June 2020. See 84
FR 11152; 84 FR 16310; 84 FR 21389;
84 FR 25895; 84 FR 32821; 84 FR 49564;
84 FR 52567; 84 FR 69016; 85 FR 7816;
85 FR 28692; and 85 FR 35158.
B. Technical Amendments to
Exclusions
The Annex to this notice makes one
technical amendment to U.S. note
20(x)(97) to subchapter III of chapter 99
of the HTSUS, as set out in the Annex
of the notice published at 85 FR 7816
(February 11, 2020).
The U.S. Trade Representative will
continue to issue determinations on a
periodic basis as needed.
Annex
Effective with respect to goods entered for
consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m.
eastern daylight time on July 6, 2018, and
before October 2, 2020:
1. U.S. note 20(x)(97) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States, is modified by
deleting ‘‘Multi-phase AC motors of an
output of at least 5.8 kW but not exceeding
14.92 kW, each assembled with planetary
gears and a gearbox (described in statistical
reporting number 8501.52.4000).’’
Joseph Barloon,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2020–15289 Filed 7–14–20; 8:45 am]
BILLING CODE 3290–F0–P
E:\FR\FM\15JYN1.SGM
15JYN1
]]>Agencies
[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Notices]
[Pages 42968-42970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15288]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusion Amendments: China's Acts, Policies,
and Practices Related to Technology Transfer, Intellectual Property,
and Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of product exclusion amendments.
-----------------------------------------------------------------------
SUMMARY: In September 2018, the U.S. Trade Representative imposed
additional duties on goods of China with an annual trade value of
approximately $200 billion as part of the action in the Section 301
investigation of China's acts, policies, and practices related to
technology transfer, intellectual property, and innovation. The U.S.
Trade Representative initiated a product exclusion process in June
2019, and interested persons have submitted requests for the exclusion
of specific products. This notice announces the U.S. Trade
Representative's determination to make technical amendments to
previously announced exclusions.
DATES: The amendments announced in this notice are retroactive to the
date of publication of the original exclusions.
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 47974 (September 21, 2018),
83 FR 49153 (September 28, 2018), 83 FR 65198 (December 19, 2018), 84
FR 7966 (March 5, 2019), 84 FR 20459 (May 9, 2019), 84 FR 29576 (June
24, 2019), 84 FR 38717 (August 7, 2019), 84 FR 46212 (September 3,
2019), 84 FR 49591 (September 20, 2019), 84 FR 57803 (October 28,
2019), 84 FR 61674 (November 13, 2019), 84 FR 65882 (November 29,
2019), 84 FR 69012 (December 17, 2019), 85 FR 549 (January 6, 2020), 85
FR 6674 (February 5, 2020), 85 FR 9921 (February 20, 2020), 85 FR 15015
(March 16, 2020), 85 FR 17158 (March 26, 2020), 85 FR 23122 (April 24,
2020), 85 FR 27489 (May 8, 2020), 85 FR 32094 (May 28, 2020), and 85 FR
38000 (June 24, 2020).
Effective September 24, 2018, the U.S. Trade Representative imposed
additional 10 percent ad valorem duties on goods of China classified in
5,757 full and partial subheadings of the Harmonized Tariff Schedule of
the United States (HTSUS), with an approximate annual trade value of
$200 billion. See 83 FR 47974, as modified by 83 FR 49153. In May 2019,
the U.S. Trade Representative increased the additional duty to 25
percent. See 84 FR 20459. On June 24, 2019, the U.S. Trade
Representative established a process by which stakeholders could
request exclusion of particular products classified within an eight-
digit HTSUS subheading covered by the $200 billion action from the
additional duties. See 84 FR 29576 (June 24 notice).
Under the June 24 notice, requests for exclusion had to identify
the product subject to the request in terms of the physical
characteristics that distinguish the product from other products within
the relevant eight-digit HTSUS subheading covered by the $200 billion
action. Requestors also had to provide the ten-digit HTSUS subheading
most applicable to the particular product requested for exclusion, and
could submit information on the ability of U.S. Customs and Border
Protection to administer the requested exclusion. Requestors were asked
to provide the quantity and value of the Chinese-origin product that
the requestor purchased in the last three years. With regard to the
rationale for the requested exclusion, requests had to address the
following factors:
Whether the particular product is available only from
China and specifically whether the particular product and/or a
comparable product is available from sources in the United States and/
or third countries.
Whether the imposition of additional duties on the
particular product would cause severe economic harm to the requestor or
other U.S. interests.
Whether the particular product is strategically important
or related to ``Made in China 2025'' or other Chinese industrial
programs.
The June 24 notice stated that the U.S. Trade Representative would
take into account whether an exclusion would undermine the objective of
the Section 301 investigation.
The June 24 notice required submission of requests for exclusion
from the $200 billion action no later than September 30, 2019, and
noted that the U.S. Trade Representative periodically would announce
decisions. In August 2019, the U.S. Trade Representative granted an
initial set of exclusion requests. See 84 FR 38717. The U.S. Trade
Representative granted additional exclusions in September, October,
November and December 2019, and in January, February, March, April, May
and June 2020. See 84 FR 49591; 84 FR 57803; 84 FR 61674; 84 FR 65882;
84 FR 69012; 85 FR 549; 85 FR 6674; 85 FR 9921; 85 FR 15015; 85 FR
17158; 85 FR 23122; 85 FR 27489; 85 FR 32094; and 85 FR 38000. The
Office of the United States Trade Representative regularly updates the
status of each
[[Page 42969]]
pending request on the Exclusions Portal at https://exclusions.ustr.gov/s/docket?docketNumber=USTR-2019-0005.
B. Technical Amendments to Exclusions
The Annex contains 14 technical amendments to U.S. notes 20(ll)(24)
and (25); U.S. notes 20(vv)(71) and (116); U.S. notes 20(xx)(20), (43),
and (44); U.S. notes 20(yy)(75), (113), (116), (117), (118), and (138);
and U.S. note 20(aaa)(47) to subchapter III of chapter 99 of the HTSUS,
as set out in the Annexes of the notices published at 84 FR 57803
(October 28, 2019), 85 FR 17158 (Match 26, 2020), 85 FR 23122 (April
24, 2020), 85 FR 27489 (May 8, 2020), and 85 FR 32094 (May 28, 2020).
The Annex also makes three additional amendments to accommodate
conforming changes to the HTSUS: U.S. note 20(qq)(35), U.S. note
20(vv)(79), and U.S. note 20(aaa)(49) to subchapter III of chapter 99
of the HTSUS, published at 85 FR 6674 (February 5, 2020), 85 FR 17158
(Match 26, 2020), and 85 FR 32094 (May 28, 2020).
As stated in the September 20, 2019 notice, the exclusions apply
from September 24, 2018 to August 7, 2020. U.S. Customs and Border
Protection will issue instructions on entry guidance and
implementation.
The U.S. Trade Representative will continue to issue determinations
on pending requests on a periodic basis.
Annex
Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on September 24, 2018, subchapter III of chapter
99 of the Harmonized Tariff Schedule of the United States (HTSUS) is
modified:
1. U.S. note 20(ll)(24) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``valued not over $0.10 per kg'' and inserting ``valued not over $0.05
per piece'' in lieu thereof.
2. U.S. note 20(ll)(25) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``valued not over $0.10 per kg'' and inserting ``valued not over $0.07
per piece'' in lieu thereof.
3. U.S. note 20(vv)(71) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``with adhesive on one side, in rectangular sheets having rounded
corners, each measuring 55 mm by 120 mm but no more than 212 mm by 278
mm and at least 0.51 mm but no more than 0.55 mm in thickness'' and
inserting ``transparent, cut, and treated, with adhesive on one side,
in rectangular sheets, each weighing at least 6 g but not more than 77
g, each measuring not less than 2.8 cm but not more than 28 cm in
height, not less than 1.9 cm but not more than 21 cm in width, and not
more than 0.1 cm in thickness'' in lieu thereof.
4. U.S. note 20(vv)(116) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``incorporating permanent split capacitors,'' and inserting ``whether
or not incorporating permanent split capacitors,'' in lieu thereof.
5. U.S. note 20(xx)(20) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``without hydration systems,''.
6. U.S. note 20(xx)(43) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``each measuring no less than 328 mm by 127 mm by 107 mm and no more
than 352 mm by 209 mm by 162 mm'' and inserting ``each measuring no
less than 323 mm by 122 mm by 102 mm and no more than 357 mm by 214 mm
by 167 mm'' in lieu thereof.
7. U.S. note 20(xx)(44) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``each measuring not less than 350 mm by 127 mm by 107 mm and not more
than 350 mm by 168 mm by 140 mm, of an output of 115 W to 280 W, and
weighing at least 1.85 kg and no more than 2.08 kg'' and inserting
``each measuring not less than 345 mm by 122 mm by 102 mm and not more
than 355 mm by 173 mm by 145 mm, of an output of 100 W to 285 W, and
weighing at least 1.80 kg but no more than 2.72 kg'' in lieu thereof.
8. U.S. note 20(yy)(75) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``with 89 mm pump and 11 gauge steel forks'' and inserting ``with a
pump measuring between 89 mm and 105 mm and steel forks with a Gauge
Range between 9-12'' in lieu thereof.
9. U.S. note 20(yy)(113) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``suitable for use in automatic transmission systems for passenger
motor vehicles (described in statistical reporting number
8708.99.6890)'' and inserting ``(described in statistical reporting
number 8708.40.7570)'' in lieu thereof.
10. U.S. note 20(yy)(116) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``suitable for use in automatic transmission systems for passenger
motor vehicles (described in statistical reporting number
8708.99.6890)'' and inserting ``(described in statistical reporting
number 8708.40.7570)'' in lieu thereof.
11. U.S. note 20(yy)(117) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``suitable for use in automatic transmission systems for passenger
motor vehicles (described in statistical reporting number
8708.99.6890)'' and inserting ``(described in statistical reporting
number 8708.40.7570)'' in lieu thereof.
12. U.S. note 20(yy)(118) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``suitable for use in automatic transmission systems for passenger
motor vehicles (described in statistical reporting number
8708.99.6890)'' and inserting ``(described in statistical reporting
number 8708.40.7570)'' in lieu thereof.
13. U.S. note 20(yy)(138) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``not more than 25.4 cm in height'' and inserting ``not more than 45 cm
in height'' in lieu thereof.
14. U.S. note 20(aaa)(47) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``for assembly in cuplock configurations'' and inserting ``for assembly
in ringlock or cuplock configurations'' in lieu thereof.
15. U.S. note 20(qq)(35) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``(described in statistical reporting number 4823.90.8600)'' and
inserting ``(described in statistical reporting number 4823.90.8600
prior to July 1, 2020; described in statistical reporting number
4823.90.8680 effective July 1, 2020)'' in lieu thereof.
16. U.S. note 20 (vv)(79) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``(described in statistical reporting number 7310.10.0010)'' and
inserting ``(described in statistical reporting number 7310.10.0010)
prior to July 1, 2020; described in statistical reporting number
7310.10.0015 effective July 1, 2020)'' in lieu thereof.
[[Page 42970]]
17. U.S. note 20(aaa)(49) to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States is modified by deleting
``(described in statistical reporting number 7310.10.0010)'' and
inserting ``(described in statistical reporting number 7310.10.0010
prior to July 1, 2020; described in statistical reporting number
7310.10.0015 effective July 1, 2020)'' in lieu thereof.
Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
[FR Doc. 2020-15288 Filed 7-14-20; 8:45 am]
BILLING CODE 3290-F0-P
