Notice of Product Exclusions and Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 44563-44571 [2020-15995]

Download as PDF Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices 8. Does the updated public guidance apply to the first line of TurkStream? The first line of TurkStream, which is designed exclusively to supply Turkey’s domestic natural gas market, is not the focus of our Section 232 implementation efforts. Melissa Simpson, Deputy Assistant Secretary, Bureau of Energy Resources, Department of State. [FR Doc. 2020–15901 Filed 7–22–20; 8:45 am] BILLING CODE 4710–AE–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. 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. SUMMARY: The product exclusions announced in this notice apply as of September 1, 2019, the effective date of List 1 of the $300 billion action, and extend to September 1, 2020. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, contact Associate General Counsels Philip Butler or 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 jbell on DSKJLSW7X2PROD with NOTICES DATES: VerDate Sep<11>2014 17:10 Jul 22, 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 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), 85 FR 35975 (June 12, 2020), and 85 FR 41658 (July 10, 2020). 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, 2019) (August 20 notice). The August 20 notice contains two 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. Subsequently, the U.S. Trade Representative announced determinations suspending until further notice the additional duties on products set out in Annex C (List 2) and reducing the additional duties for the products covered in Annex A of the August 20 notice (List 1) to 7.5 percent. See 84 FR 69447, 85 FR 3741. 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 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 44563 action from the additional duties. See 84 FR 57144 (October 24 notice). 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 that the requestor 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. • 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, June and July 2020. See 85 FR 15244, 85 FR 17936, 85 FR 28693, as modified by 85 FR 32098, 85 FR 35975 and 85 FR 41658. 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-20190017. B. Determination To Grant Certain Exclusions Based on the evaluation of the factors set out in the October 24 notice, which E:\FR\FM\23JYN1.SGM 23JYN1 44564 Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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 11 existing VerDate Sep<11>2014 17:10 Jul 22, 2020 Jkt 250001 ten-digit HTSUS subheadings and 53 specially prepared product descriptions, which together respond to 242 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. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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)–(5) 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. E:\FR\FM\23JYN1.SGM 23JYN1 VerDate Sep<11>2014 17:10 Jul 22, 2020 Jkt 250001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4725 E:\FR\FM\23JYN1.SGM 23JYN1 44565 EN23JY20.010</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices 17:10 Jul 22, 2020 Jkt 250001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4725 E:\FR\FM\23JYN1.SGM 23JYN1 EN23JY20.011</GPH> jbell on DSKJLSW7X2PROD with NOTICES 44566 VerDate Sep<11>2014 17:10 Jul 22, 2020 Jkt 250001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4725 E:\FR\FM\23JYN1.SGM 23JYN1 44567 EN23JY20.012</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices 17:10 Jul 22, 2020 Jkt 250001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4725 E:\FR\FM\23JYN1.SGM 23JYN1 EN23JY20.013</GPH> jbell on DSKJLSW7X2PROD with NOTICES 44568 VerDate Sep<11>2014 17:10 Jul 22, 2020 Jkt 250001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4725 E:\FR\FM\23JYN1.SGM 23JYN1 44569 EN23JY20.014</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices 17:10 Jul 22, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4725 E:\FR\FM\23JYN1.SGM 23JYN1 EN23JY20.015</GPH> jbell on DSKJLSW7X2PROD with NOTICES 44570 Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices BILLING CODE 3290–F0–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2018–0010] National Transit Database Reporting Changes and Clarifications AGENCY: Federal Transit Administration (FTA), Transportation (DOT). Final notice; response to comments. ACTION: This notice responds to comments received and finalizes proposed changes and clarifications to the National Transit Database (NTD) reporting requirements published in the Federal Register on April 9, 2019 (ID: FTA–2018–0010). DATES: FTA will implement some changes and clarifications in Report Year 2019 and will implement other changes in Report Year 2020 or Report Year 2021. FOR FURTHER INFORMATION CONTACT: John D. Giorgis, FTA Office of Budget and Policy, (202) 366–5430 or john.giorgis@ dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES Table of Contents A. Background and Overview B. Additional Types of Service a. New Type of Service To Distinguish Demand Response Taxi Service b. New Type of Service Classification for Demand Responsive Service Provided by Transportation Network Companies C. Changes to the A–30—Revenue Vehicle Asset Forms a. Add New Data Element To Identify Automated Vehicles b. New Reporting on Safety Equipment on Rail Transit Vehicles D. Changes to the A–20—Adjust the Reporting Categories for Special Trackwork E. Changes to the D–10—New Reporting on the Use of Automatic Passenger Counters F. Changes to the FFA–10—New Reporting on Vehicle Revenue Miles by State for Urbanized Area Reporters G. Changes to Safety Event Reporting a. Clarification of Reportable Attempted Suicides VerDate Sep<11>2014 17:10 Jul 22, 2020 Jkt 250001 b. Modified Data Collection on Vehicles Involved in Reportable Safety Events c. Additional Information on Drug and Alcohol Post-Accident Testing H. Clarification on Reporting Service Information on a Temporary Bus Bridge I. Clarification of Incidental Use for Transit Asset Reporting J. Establish Separate Mode Reporting for Geographically and Resource Separated Modes K. Clarification on Commuter Service Survey Standards L. Clarification on Reporting Linear Miles and Track Miles to the Asset Inventory M. Clarification of Rural Financial Data Reporting Requirement A. Background and Overview Pursuant to 49 CFR 630.4(a), each applicant for and beneficiary of FTA assistance must comply with the applicable National Transit Database (NTD) reporting requirements, as set forth in the current editions of the NTD Reporting Manuals and Uniform System of Accounts (USOA) (https:// www.transit.dot.gov/ntd/uniformsystem-accounts-usoa). These reference documents are subject to periodic revision. Pursuant to 49 CFR 630.4(b), the Federal Transit Administration (FTA) published a notice in the Federal Register on April 9, 2019 (84 FR 14189) seeking public comment on several changes and clarifications to the NTD reporting requirements contained in these reference documents. The comment period closed on June 10, 2019. FTA received seventy-three (73) comments from twenty-nine (29) unique commenters. FTA intended to implement the proposed changes in Report Year 2019; however, due to the timing of the notice’s publication, FTA will implement some changes finalized in this Federal Register notice in Report Year 2019, and will defer others to Report Years 2020 or 2021. Implementation details are included within the responses. Following is a summary of the comments received with FTA responses. This document on its own does not have the force and effect of law and is not meant to bind the public in any way. This document is intended to provide clarity to the public regarding PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 existing requirements under the law. In addition, FTA will update the NTD Policy Manual to include appropriate guidance disclaimer language, pursuant to 49 CFR 5.29. B. Additional Types of Service a. New Type of Service To Distinguish Demand Response Taxi Service Two comments expressed concern about how the new proposed types of service would impact Americans with Disabilities Act (ADA) or paratransit reporting. Both commenters stated that the new taxi type of service must account for ADA/paratransit taxi trips. One commenter stated that ‘‘the definition of taxi service in the proposed changes. . .must be clarified to ensure that taxi paratransit trips. . .can continue to be reported through the NTD.’’ Another commenter expressed concern that the ‘‘proposed revisions suddenly eliminates [sic] transit-sponsored taxi-based subsidy programs’’ for ADA paratransit customers from reporting to the NTD. FTA Response: FTA reiterates that it is not changing any reporting eligibilities or requirements. If a transit system uses a partnership with a taxi company to provide ADA complimentary paratransit service, then that service can be reported to the NTD through the new type of service. However, taxi-based subsidy programs are already excluded from the NTD, as they do not meet the definition of public transportation, as they are not sharedride. b. New Type of Service Classification for Demand Responsive Service Provided by Transportation Network Companies FTA received 19 comments on the proposal to create two new types of service. Five commenters supported the changes as proposed. One commenter stated that collecting these data will help all levels of government develop a better understanding of the role transportation network companies (TNCs) play in transit service, how effective they are in delivering first mile/last mile service, and whether TNCs augment or compete with traditional public transit service. E:\FR\FM\23JYN1.SGM 23JYN1 EN23JY20.016</GPH> [FR Doc. 2020–15995 Filed 7–22–20; 8:45 am] 44571

Agencies

[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44563-44571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15995]


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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. 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.

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

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Associate General Counsels Philip Butler or 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), 85 FR 35975 (June 12, 
2020), and 85 FR 41658 (July 10, 2020).
    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, 
2019) (August 20 notice). The August 20 notice contains two 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. 
Subsequently, the U.S. Trade Representative announced determinations 
suspending until further notice the additional duties on products set 
out in Annex C (List 2) and reducing the additional duties for the 
products covered in Annex A of the August 20 notice (List 1) to 7.5 
percent. See 84 FR 69447, 85 FR 3741.
    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). 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 that the requestor 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.
     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, June 
and July 2020. See 85 FR 15244, 85 FR 17936, 85 FR 28693, as modified 
by 85 FR 32098, 85 FR 35975 and 85 FR 41658. 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

[[Page 44564]]

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 11 
existing ten-digit HTSUS subheadings and 53 specially prepared product 
descriptions, which together respond to 242 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)-(5) 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.

[[Page 44565]]

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[FR Doc. 2020-15995 Filed 7-22-20; 8:45 am]
BILLING CODE 3290-F0-P