Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 62786-62792 [2020-21954]

Download as PDF 62786 Federal Register / Vol. 85, No. 193 / Monday, October 5, 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. ACTION: Notice. AGENCY: 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 jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 and granted three sets of exclusions under the $16 billion action. He published the third set of exclusions in September 2019 and added additional exclusions in February and July 2020. These exclusions will expire on October 2, 2020. On June 25, 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 October 2, 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 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Industrial Goods Justin Hoffmann at (202) 395–5725. For specific questions on customs classification or implementation of the product exclusions identified in the Annex to this notice, contact traderemedy@ cbp.dhs.gov. SUPPLEMENTARY INFORMATION: A. Background For background on the proceedings in this investigation, please see prior notices including: 82 FR 40213 (August 24, 2017), 83 FR 14906 (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 2018), 83 FR 38760 (August 7, 2018), 83 FR 40823 (August 16, 2018), 83 FR 47236 (September 18, 2018), 83 FR 47974 (September 21, 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 37381 (July 31, 2019), 84 FR 49600 (September 20, 2019), 84 FR 52553 (October 2, 2019), 84 FR 69011 (December 17, 2019), 85 FR 10808 (February 25, 2020), 85 FR 24076 E:\FR\FM\05OCN1.SGM 05OCN1 EN05OC20.091</GPH> [FR Doc. 2020–21958 Filed 10–2–20; 8:45 am] Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES (April 30, 2020), 85 FR 28691 (May 13, 2020), 85 FR 38237 (June 25, 2020), 85 FR 38243 (June 25, 2020), 85 FR 43291 (July 16, 2020), 85 FR 45949 (July 30, 2020), and 85 FR 59595 (September 22, 2020). Effective August 23, 2018, the U.S. Trade Representative imposed additional 25 percent duties on goods of China classified in 279 eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $16 billion. See 83 FR 40823 (the $16 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 $16 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 47236 (September 18 notice). In September 2019, the U.S. Trade Representative granted a set of exclusion requests and added additional exclusions in February and July 2020. See 84 FR 49600 (September 20 notice); 85 FR 10808 (February 25 notice); 85 FR 43291 (July 16 notice). The exclusions granted under these notices expire on October 2, 2020. On June 25, 2020, the U.S. Trade Representative invited the public to comment on whether to extend for up to 12 months particular exclusions granted under these notices. See 85 FR 38243 (June 25 notice). Under the June 25 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 August 2018 with respect to the particular product, or any other relevant VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 industry developments; and efforts, if any, importers or U.S. purchasers have undertaken since August 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 August 2018 to source the product from the United States or third countries; the value and quantity of the Chinese-origin product covered by the specific exclusion request purchased in 2018 and 2019, and whether these purchases are from a related company; whether Chinese suppliers have lowered their prices for products covered by the exclusion following the imposition of duties; the value and quantity of the product covered by the exclusion purchased from domestic and third country sources in 2018 and 2019; the commenter’s gross revenue for 2018 and 2019; whether the Chinese-origin product of concern is sold as a final product or as an input; whether the imposition of duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests; and any additional information in support or in opposition of the extending the exclusion. The June 25 notice required the submission of comments no later than July 30, 2020. B. Determination To Extend Certain Exclusions Based on an evaluation of the factors set out in the September 18 and June 25 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 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 62787 extend certain product exclusions covered by the September 20, February 25, and July 16 notices, as set out in the Annexes to this notice. The June 25 notice said the U.S. Trade Representative would consider extensions of up to 12 months. In light of the cumulative effect of current and possible future exclusions or extensions of exclusions on the effectiveness of the action taken in this investigation, the U.S. Trade Representative has determined to extend the exclusions in the Annex to this notice for less than 12 months—through December 31, 2020. To date, the U.S. Trade Representative has granted more than 6,800 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 September 18 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. E:\FR\FM\05OCN1.SGM 05OCN1 VerDate Sep<11>2014 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices 23:42 Oct 02, 2020 Jkt 253001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4725 E:\FR\FM\05OCN1.SGM 05OCN1 EN05OC20.078</GPH> jbell on DSKJLSW7X2PROD with NOTICES 62788 VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4725 E:\FR\FM\05OCN1.SGM 05OCN1 62789 EN05OC20.079</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices 23:42 Oct 02, 2020 Jkt 253001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4725 E:\FR\FM\05OCN1.SGM 05OCN1 EN05OC20.080</GPH> jbell on DSKJLSW7X2PROD with NOTICES 62790 VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4725 E:\FR\FM\05OCN1.SGM 05OCN1 62791 EN05OC20.081</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices 62792 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices BILLING CODE 3290–F0–C DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2020–0021] Agency Information Collection Activities: Notice of Request for Extension of Currently Approved Information Collection Federal Highway Administration (FHWA), DOT. ACTION: Notice of request for extension of currently approved information collection. AGENCY: The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval of a new (periodic) information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on February 4, 2020. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by November 4, 2020. ADDRESSES: You may submit comments identified by DOT Docket ID Number 2020–0021 by any of the following methods: For access to Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: John Berg, (202) 740–4602, Office of Freight Management and Operations, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 Title: Certification of Enforcement of Vehicle Size and Weight Laws. OMB Control Number: 2125–00034. Background: Title 23, U.S.C., section 141, requires each State, the District of Columbia and Puerto Rico to file an annual certification that they are enforcing their size and weight laws on Federal-aid highways and that their Interstate System weight limits are consistent with Federal requirements to be eligible to receive an apportionment of Federal highway trust funds. Failure of a State to file a certification, adequately enforce its size and weight laws, and enforce weight laws on the Interstate System that are consistent with Federal requirements, could result in a specified reduction of its Federal highway fund apportionment for the next fiscal year. In addition, section 123 of the Surface Transportation Assistance Act of 1978 (Pub. L. 95–599, 92 Stat.2689, 2701) requires each jurisdiction to inventory annually (1) its penalties for violation of its size and weight laws, and (2) the term and cost of its oversize and overweight permits. Section 141 also authorizes the Secretary to require States to file such information as is necessary to verify that their certifications are accurate. To determine whether States are adequately enforcing their size and weight limits, FHWA requires that each State submit to the FHWA an updated plan for enforcing their size and weight limits. The plan goes into effect at the beginning of each Federal fiscal year. At the end of the fiscal year, States must submit their certifications and sufficient information to verify that their enforcement goals established in the plan have been met. Respondents: The State Departments of Transportation (or equivalent) in the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico. Frequency: Annually in separate collections: One certification and one plan (2 collections). Estimated Average Burden per Response: Each response will take approximately 40 hours. Estimated Total Annual Burden Hours: 4,160 hours. PO 00000 Frm 00103 Fmt 4703 Sfmt 9990 Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection of information in the plan and in the certification is necessary for the U.S. DOT’s performance, including whether the information will have practical utility; (2) the accuracy of the U.S. DOT’s estimate of the burden of the proposed information collection; (3) ways to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology or reduced frequency of collection of the plan, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued On: January 30, September 30, 2020. Michael Howell, FHWA Information Collection Officer. [FR Doc. 2020–21938 Filed 10–2–20; 8:45 am] BILLING CODE 4910–22–P E:\FR\FM\05OCN1.SGM 05OCN1 EN05OC20.082</GPH> [FR Doc. 2020–21954 Filed 10–2–20; 8:45 am]

Agencies

[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Pages 62786-62792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21954]


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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.

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

SUMMARY: 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 granted three sets of exclusions under the $16 billion action. He 
published the third set of exclusions in September 2019 and added 
additional exclusions in February and July 2020. These exclusions will 
expire on October 2, 2020. On June 25, 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 October 2, 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 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 47236 (September 18, 2018), 83 FR 47974 (September 21, 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 37381 (July 31, 2019), 84 
FR 49600 (September 20, 2019), 84 FR 52553 (October 2, 2019), 84 FR 
69011 (December 17, 2019), 85 FR 10808 (February 25, 2020), 85 FR 24076

[[Page 62787]]

(April 30, 2020), 85 FR 28691 (May 13, 2020), 85 FR 38237 (June 25, 
2020), 85 FR 38243 (June 25, 2020), 85 FR 43291 (July 16, 2020), 85 FR 
45949 (July 30, 2020), and 85 FR 59595 (September 22, 2020).
    Effective August 23, 2018, the U.S. Trade Representative imposed 
additional 25 percent duties on goods of China classified in 279 eight-
digit subheadings of the Harmonized Tariff Schedule of the United 
States (HTSUS), with an approximate annual trade value of $16 billion. 
See 83 FR 40823 (the $16 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 $16 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 47236 
(September 18 notice).
    In September 2019, the U.S. Trade Representative granted a set of 
exclusion requests and added additional exclusions in February and July 
2020. See 84 FR 49600 (September 20 notice); 85 FR 10808 (February 25 
notice); 85 FR 43291 (July 16 notice). The exclusions granted under 
these notices expire on October 2, 2020. On June 25, 2020, the U.S. 
Trade Representative invited the public to comment on whether to extend 
for up to 12 months particular exclusions granted under these notices. 
See 85 FR 38243 (June 25 notice).
    Under the June 25 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 August 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 
August 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 August 2018 to source the product from 
the United States or third countries; the value and quantity of the 
Chinese-origin product covered by the specific exclusion request 
purchased in 2018 and 2019, and whether these purchases are from a 
related company; whether Chinese suppliers have lowered their prices 
for products covered by the exclusion following the imposition of 
duties; the value and quantity of the product covered by the exclusion 
purchased from domestic and third country sources in 2018 and 2019; the 
commenter's gross revenue for 2018 and 2019; whether the Chinese-origin 
product of concern is sold as a final product or as an input; whether 
the imposition of duties on the products covered by the exclusion will 
result in severe economic harm to the commenter or other U.S. 
interests; and any additional information in support or in opposition 
of the extending the exclusion.
    The June 25 notice required the submission of comments no later 
than July 30, 2020.

B. Determination To Extend Certain Exclusions

    Based on an evaluation of the factors set out in the September 18 
and June 25 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, February 25, and July 16 
notices, as set out in the Annexes to this notice.
    The June 25 notice said the U.S. Trade Representative would 
consider extensions of up to 12 months. In light of the cumulative 
effect of current and possible future exclusions or extensions of 
exclusions on the effectiveness of the action taken in this 
investigation, the U.S. Trade Representative has determined to extend 
the exclusions in the Annex to this notice for less than 12 months--
through December 31, 2020. To date, the U.S. Trade Representative has 
granted more than 6,800 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 September 18 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.

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[FR Doc. 2020-21954 Filed 10-2-20; 8:45 am]
BILLING CODE 3290-F0-C