Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 59587-59595 [2020-20828]

Download as PDF Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices authorizes the President to allocate the in-quota quantity of a TRQ for any agricultural product among supplying countries or customs areas. The President delegated this authority to the U.S. Trade Representative under Presidential Proclamation 6763 (60 FR 1007, January 4, 1995). On September 10, 2020, the Secretary of Agriculture announced an additional in-quota quantity of the TRQ for raw cane sugar for the remainder of FY2020 (ending September 30, 2020) in the amount of 90,718 metric tons raw value (MTRV) (conversion factor: 1 metric ton raw value = 1.10231125 short tons raw value). See 85 FR 55812. This quantity is in addition to the minimum amount to which the United States is committed under the World Trade Organization (WTO) Uruguay Round Agreements (1,117,195 MTRV) and in addition to the increase of 317,515 MTRV raw sugar on April 3, 2020. The Department of Agriculture also has determined that it will permit all sugar entering the United States under the FY2020 raw cane sugar TRQ to enter U.S. Customs territory through October 31, 2020, a month later than the usual last entry date. Of this additional quantity, USTR is allocating 10,718 MTRV to Australia and 80,000 MTRV to Brazil. The allocations of the raw cane sugar TRQ to countries that are net importers of sugar are conditioned on receipt of the appropriate verifications of origin, and certificates for quota eligibility must accompany imports from any country for which an allocation has been provided. Gregory Doud, Chief Agricultural Negotiator, Office of the United States Trade Representative. [FR Doc. 2020–20874 Filed 9–21–20; 8:45 am] BILLING CODE 3290–F0–P 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 SUMMARY: VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated an exclusion process in July 2018 and has granted 10 sets of exclusions under the $34 billion action. The seventh set of exclusions was published in September 2019 and will expire in September 2020. On June 3, 2020, the U.S. Trade Representative established a process for the public to comment on whether to extend particular exclusions 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 apply as of September 20, 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 Associate General Counsel Philip Butler or Assistant General Counsel 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 Annexes 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 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 (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), 85 FR 34274 (June 3, 2020), 85 FR 41267 (July 9, 2020), and 85 FR 46777 (August 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 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 59587 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 September 2019, the U.S. Trade Representative granted a set of exclusion requests, which expire on September 20, 2020. See 84 FR 49564 (the September 20 notice). On June 3, 2020, the U.S. Trade Representative invited the public to comment on whether to extend for up to 12 months particular exclusions granted in the September 20 notice. See 85 FR 34274 (the June 3 notice). Under the June 3 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 of or in opposition to extending the exclusion. E:\FR\FM\22SEN1.SGM 22SEN1 59588 Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices The June 3 notice required the submission of comments no later than July 7, 2020. B. Determination To Extend Certain Exclusions Based on an evaluation of the factors set out in the July 11 and June 3 notices, 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 September 20 notice, as set out in the Annexes to this notice. The June 3 notice provided that the U.S. Trade Representative would consider extensions of up to 12 months. In light of the cumulative effect of VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 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 Annexes to this notice for less than 12 months— through December 31, 2020. To date, the U.S. Trade Representative has granted more than 6,800 exclusion requests, has extended some of these exclusions, and may consider further extensions of exclusions. 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 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 Annexes, 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 Annexes to this notice, and not by the product descriptions set out in any particular request for exclusion. Joseph Barloon, General Counsel, Office of the United States Trade Representative. BILLING CODE 3290–F0–P E:\FR\FM\22SEN1.SGM 22SEN1 59589 Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices ANNEXA A. 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 20, 2020 and before 11 :59 p.m. eastern daylight time on December 31, 2020, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HT SUS) is modified: 1. by inserting the following new heading 9903.88.58 in numerical sequence, with the material in the new heading inserted in the columns of the HT SUS labeled "Heading/Subheading", "Article Description", and "Rates of Duty I-General", respectively: Rates of Duty Heading/ Subheading "9903.88.58 1 Article Description General Effective with respect to entries on or after September 20, 2020, and through December 31, 2020, articles the product of China, as provided for in U.S. note 20(kkk) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative ..... ................ 2 Special The duty provided in the applicable subheading" 2. by inserting the following new U.S. note 20(kkk:) to subchapter III of chapter 99 in numerical sequence: "(kkk:) The U.S. Trade Representative determined to establish a process by which particular products classified in heading 9903.88.01 and provided for in U.S. notes 20(a) and 20(b) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.01. See 83 Fed. Reg. 40823 (August 16, 2018) and 83 Fed. Reg. 47326 (September 18, 2018). Pursuant to the product exclusion process, the U.S. Trade Representative has determined that, as provided in heading 9903.88.58, the additional duties provided for in heading 9903.88.01 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers: VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4725 E:\FR\FM\22SEN1.SGM 22SEN1 EN22SE20.039</GPH> (1) Submersible centrifugal pumps (other than fuel, lubricating or cooling medium pumps for internal combustion piston engines; other than stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard), not fitted or designed to be fitted with a measuring device, the foregoing capable of operating at 3,700 liters or more but not exceeding 41,000 liters per hour (described in statistical reporting number 8413.70.2004) 59590 Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4725 E:\FR\FM\22SEN1.SGM 22SEN1 EN22SE20.040</GPH> (2) Tabletop water fountains designed for indoor use, the essential character of which is imparted by submersible centrifugal pumps (described in statistical reporting number 8413.70.2004) (3) Rotary compressors, each exceeding 746 W but not exceeding 2,238 W, with a cooling capacity ranging from 2.3 kW to 5.5 kW (described in statistical reporting number 8414.30.8060) (4) Thermal roll laminators, each valued not over $450 (described in statistical reporting number 8420.10.9040) (5) Cutting pads, platforms, base plates, pads, shims, trays, which function as guides for hand-operated table-top calendering machines of a width not exceeding 51 cm (described in statistical reporting number 8420.99.9000) (6) Ionization filters valued over $35 but not over $45 each (described in statistical reporting number 8421.21.0000) (7) Disposable plastic filters of a kind suitable for filtering and dehumidifying a patient's breath in a medical device such as a gas analyzer (described in statistical reporting number 8421.39.8090) (8) Parts of swimming pool vacuum cleaners (described in statistical reporting number 8421.99.0040) (9) 3-member slides with ball bearings, of stainless steel, for use in household dishwashers (described in statistical reporting number 8422.90.0640) (10) Shovel loaders, each with a bucket capacity of 11.4 m3 to 12 m3 , and an operating weight of 30,000 kg or more but not exceeding 36,000 kg (described in statistical reporting number 8429.51.1055) (11) Animal feeding machinery (described in statistical reporting number 8436.80.0090) (12) Parts of animal feeding machinery (described in statistical reporting number 8436.99.0090) (13) Ink cartridges, each weighing more than 1 kg (described in statistical reporting number 8443.99.2010) (14) Printer maintenance kits consisting of two or more replacement parts for printer units of subheading 8443.32.10 specified in additional U.S. note 2 to chapter 84 (described in statistical reporting number 8443.99.2050) (15) Horizontal lathes for removing metal, electrically powered, not numerically controlled, each with mill head attachment mounted above the lathe headstock (described in statistical reporting number 8458.19.0020) (16) New numerically-controlled milling machines capable of end beveling pipe of an outside diameter of 60 cm or more but not exceeding 305 cm (described in statistical reporting number 8459.61.0080) (17) Press brakes, not numerically controlled, having a drive capacity rating of 3kW (described in statistical reporting number 8462.29.0030) (18) New hydraulic shearing machines, not numerically controlled, with a power of 7.5 kW, valued at $3,025 or more each (described in statistical reporting number 8462.39.0050) (19) Tool holders of a kind used to hold various types of metal working tools for use on milling machine spindles (described in statistical reporting number 8466.10.0175) (20) Modularized plants for the manufacture of lithium hydroxide by functions involving mixing, kneading or stirring (described in statistical reporting number 8479.82.0040) Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices 59591 VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4725 E:\FR\FM\22SEN1.SGM 22SEN1 EN22SE20.041</GPH> (21) Ball type angle cock valve bodies, of cast iron, for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020) (22) Valve bodies, of aluminum, of valves for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020) (23) Hydraulic valve parts, other than valve bodies, of valves for oleohydraulic or pneumatic transmissions, each valued not over $5 (described in statistical reporting number 8481.90.9040) (24) Angular contact ball bearings, not for use with wheel hub bearing units, having an inner diameter of 25 mm or greater but not exceeding 55 mm, an outer diameter of 50 mm or greater but not exceeding 95 mm, a width of 20 mm or greater but not exceeding 35 mm, with single or double row of steel balls and a cage of steel or plastics (described in statistical reporting number 8482.10.5028) (25) Angular contact ball bearings, not over 40 mm in width, other than wheel hub bearing units (described in statistical reporting number 8482.10.5028) (26) Electric motors, AC, permanent split capacitor type, not exceeding 16 W (described in statistical reporting number 8501.10.4020) (27) DC motors, of an output exceeding 37.5 W but not exceeding 74.6 W, valued over $2 but not over $30 each (described in statistical reporting number 8501.31.2000) (28) AC motors, multi-phase, of rolled steel frame construction (described in statistical reporting number 8501.51.4040) (29) AC motors, multi-phase, of an output of 186.5 kW or more but not exceeding 373 kW, having a cast iron frame construction (described in statistical reporting number 8501.53.8040) (30) Dual layer printed circuit board assemblies, each valued over $30 but not over $35 (described in statistical reporting number 8504.90.7500) (31) Transceivers, IO-meter, not hand-held, for operation in infrequencies of 28.000 to 29.700 MHz (described in statistical reporting number 8525.60.1050) (32) Limit switches, for a voltage not exceeding 1,000 V, each valued over $19 but not over $32 (described in statistical reporting number 8536.50.9055) (33) Modular light switches, for a voltage not exceeding 1,000 V, presented in polyethylene terephthalate (PET) housings, designed for use with a backplate (described in statistical reporting number 8536.50.9065) (34) Switches designed for use in motor vehicles, driver or passenger activated (described in statistical reporting number 8536.50.9065) (35) Coaxial connectors, for a voltage not exceeding 1,000 V, valued over $0.20 but not over $0.30 each (described in statistical reporting number 8536.69.4010) (36) Butt splice connectors, for a voltage not exceeding 1,000 V, each valued not over $3 (described in statistical reporting number 8536.90.4000) (37) Ring terminals, for a voltage not exceeding 1,000 V (described in statistical reporting number 8536.90.4000) (38) Twist-on wire connectors, for a voltage not exceeding 1,000 V, each valued not over $0.03 (described in statistical reporting number 8536.90.4000) (39) S-band and X-band linear accelerators designed for use in radiation surgery or radiation therapy equipment (described in statistical reporting number 8543.10.0000) (40) Four-wheel off-road vehicles, with only spark-ignition internal combustion reciprocating piston engines, of a cylinder capacity not exceeding 1,000 cc, with 59592 Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4725 E:\FR\FM\22SEN1.SGM 22SEN1 EN22SE20.042</GPH> straddle seat and handlebar control, each with label indicating that vehicle is for operation only by persons at least 16 years of age, each valued not over $5000 (described in statistical reporting number 8703.21.0110) (41) Works trucks, electrical, operator riding, each of a curb weight exceeding 8,500 kg but not exceeding 9,500 kg (described in statistical reporting number 8709.11.0030) (42) Depth-sounding apparatus, each valued not over $50 (described in statistical reporting number 9014.80.2000) (43) Disposable electrocardiograph (ECG) electrodes (described in statistical reporting number 9018.11.9000) (44) Portable ultrasonic scanner consoles, each weighing less than 4 kg, presented with or without transducer (described in statistical reporting number 9018 .12. 0000) (45) Digital peak flow meters suitable for use by medical professionals (described in statistical reporting number 9018.19.9550) (46) Fingertip pulse oximeters suitable for use by medical professionals (described in statistical reporting number 9018.19.9550) (47) Bismuth germanate crystals with set dimensional and surface finish requirements and used as a detection element in Positron Emission Tomography (PET) detectors (described in statistical reporting number 9018.19.9560) (48) Magnetic resonance imaging ("MRI") patient enclosure devices, each incorporating radio frequency and gradient coils (described in statistical reporting number 9018.19.9560) (49) Parts and accessories of capnography monitors (described in statistical reporting number 9018.19.9560) (50) Otoscopes (described in statistical reporting number 9018.90.2000) (51) Anesthesia masks (described in statistical reporting number 9018.90.3000) (52) Electrosurgical cautery pencils with electrical connectors (described in statistical reporting number 9018.90.6000) (53) Printed circuit board assemblies designed for use in displaying operational performance of medical infusion equipment (described in statistical reporting number 9018.90.7580) (54) X-ray tables (described in statistical reporting number 9022.90.2500) (55) X-ray tube housings and parts thereof (described in statistical reporting number 9022. 90 .4000) (56) Parts and accessories, of metal, for mobile X-ray apparatus (described in statistical reporting number 9022.90.6000) (57) Printed circuit board assemblies, of a kind designed for use in X-ray apparatus (described in statistical reporting number 9022.90.6000) (58) Vertical stands specially designed to support, contain or adjust the movement of Xray digital detectors, or the X-ray tube and collimator in complete X-ray diagnostic systems (described in statistical reporting number 9022.90.6000) ( 59) Thermoplastic masks of polycaprolactone for the use of immobilizing patients, during the use of alpha, beta or gamma radiations, for radiography or radiotherapy (described in statistical reporting number 9022.90.9500) (60) Automatic thermostats for heating, ventilation and air conditioning systems, containing temperature and humidity sensors, designed for wall mounting (described in statistical reporting number 9032. 10.0030) Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices 59593 (61) Battery balancers designed for regulating voltage across batteries, other than for 6, 12 or 24 volt systems (described in statistical reporting number 9032.89.4000) (62) Thermostat covers (described in statistical reporting number 9032.90.6120)" 3. by amending the last sentence of the first paragraph of U.S. note 20(a) to subchapter III of chapter 99 by: a. by deleting "or (10)" and by inserting "(10)" in lieu thereof; and b. by inserting"; or (11) heading 9903.88.58 and U.S. note 20(kkk) to subchapter III of chapter 99" after the phrase "U.S. note 20(eee) to subchapter III of chapter 99", where it appears at the end of the sentence. 4. by amending U.S. note 20(b) to subchapter III of chapter 99 by: a. by deleting "or (10)" and by inserting "(10)" in lieu thereof; and b. by inserting"; or (11) heading 9903.88.58 and U.S. note 20(kkk) to subchapter III of chapter 99" after the phrase "U.S. note 20(eee) to subchapter III of chapter 99", where it appears at the end of the sentence. 5. by amending the Article Description of heading 9903.88.01: a. by deleting "9903.88.50 or''; b. by inserting in lieu thereof "9903.88.50,"; and VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4725 E:\FR\FM\22SEN1.SGM 22SEN1 EN22SE20.043</GPH> c. by inserting "or 9903.88.58," after "9903.88.52,". 59594 Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices ANNEXB VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4725 E:\FR\FM\22SEN1.SGM 22SEN1 EN22SE20.044</GPH> The following table is provided for informational purposes only. The table contains a list of the original product exclusions that are being extended by this notice. In addition, the table contains the corresponding subdivisions in new note 20(kkk) to subchapter III of Chapter 99 and new heading 9903.88.58 for the product exclusions that are being extended by this notice. The original product exclusions expire on September 20, 2020. The exclusions that are being extended are effective from September 20, 2020 through December 31, 2020. Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices BILLING CODE 3290–F0–C 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. AGENCY: Notice of product exclusion extensions. ACTION: VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Effective August 23, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $16 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 an exclusion process in September 2018 and has granted three sets of exclusions under the $16 billion action. The second SUMMARY: E:\FR\FM\22SEN1.SGM 22SEN1 EN22SE20.045</GPH> [FR Doc. 2020–20828 Filed 9–21–20; 8:45 am] 59595

Agencies

[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Notices]
[Pages 59587-59595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20828]


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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 an exclusion process in July 2018 and 
has granted 10 sets of exclusions under the $34 billion action. The 
seventh set of exclusions was published in September 2019 and will 
expire in September 2020. On June 3, 2020, the U.S. Trade 
Representative established a process for the public to comment on 
whether to extend particular exclusions 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 apply 
as of September 20, 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 Associate General Counsel Philip Butler or Assistant 
General Counsel 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 Annexes 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 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 (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), 85 FR 34274 (June 3, 2020), 85 FR 41267 (July 9, 2020), and 85 
FR 46777 (August 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 September 2019, the U.S. Trade Representative granted a set of 
exclusion requests, which expire on September 20, 2020. See 84 FR 49564 
(the September 20 notice). On June 3, 2020, the U.S. Trade 
Representative invited the public to comment on whether to extend for 
up to 12 months particular exclusions granted in the September 20 
notice. See 85 FR 34274 (the June 3 notice).
    Under the June 3 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 of or in 
opposition to extending the exclusion.

[[Page 59588]]

    The June 3 notice required the submission of comments no later than 
July 7, 2020.

B. Determination To Extend Certain Exclusions

    Based on an evaluation of the factors set out in the July 11 and 
June 3 notices, 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 September 20 notice, as set out in the 
Annexes to this notice.
    The June 3 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 Annexes to this notice for less than 12 months--
through December 31, 2020. To date, the U.S. Trade Representative has 
granted more than 6,800 exclusion requests, has extended some of these 
exclusions, and may consider further extensions of exclusions.
    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 Annexes, 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 Annexes to this notice, and 
not by the product descriptions set out in any particular request for 
exclusion.

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

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[FR Doc. 2020-20828 Filed 9-21-20; 8:45 am]
BILLING CODE 3290-F0-C