Notice of Product Exclusion Amendment: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 63331-63332 [2020-22197]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63331-63332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22197]


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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

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: On August 20, 2019, at the direction of the President, the 
U.S. Trade Representative determined to modify the action being taken 
in the Section 301 investigation of China's acts, policies, and 
practices related to technology transfer, intellectual property, and 
innovation by imposing additional duties of 10 percent ad valorem on 
goods of China with an annual trade value of approximately $300 
billion. The additional duties on products in List 1, which is set out 
in Annex A of that action, became effective on September 1, 2019. On 
August 30, 2019, at the direction of the President, the U.S. Trade 
Representative determined to increase the rate of the additional duty 
applicable to the tariff subheadings covered by the action announced in 
the August 20 notice from 10 to 15 percent. On January 22, 2020, the 
U.S. Trade Representative determined to reduce the rate from 15 to 7.5 
percent. The U.S. Trade Representative initiated a product exclusion 
process in October 2019, and interested persons have submitted requests 
for the exclusion of specific products. This notice announces the U.S. 
Trade Representative's determination to make one technical amendment to 
a previously granted exclusion.

DATES: The amendment announced in this notice applies as of September 
1, 2019, the effective date of List 1 of the $300 billion action. It is 
retroactive to the date the original exclusion was published and does 
not further extend the period for the original exclusion. 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, Assistant 
General Counsel Megan Grimball, or Director of Industrial Goods Justin 
Hoffmann at (202) 395-5725. For specific questions on customs 
classification or implementation of the product exclusions identified 
in the Annex to this notice, contact [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    For background on the proceedings in this investigation, please see 
prior notices including: 82 FR 40213 (August 24, 2017), 83 FR 14906 
(April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 
2018), 83 FR 38760 (August 7, 2018), 83 FR 40823 (August 16, 2018), 83 
FR 47974 (September 21, 2018), 83 FR 49153 (September 28, 2018), 84 FR 
20459 (May 9, 2019), 84 FR 43304 (August 20, 2019), 84 FR 45821 (August 
30, 2019), 84 FR 57144 (October 24, 2019), 84 FR 69447 (December 18, 
2019), 85 FR 3741 (January 22, 2020), 85 FR 13970 (March 10, 2020), 85 
FR 15244 (March 17, 2020), 85 FR 17936 (March 31, 2020), 85 FR 32098 
(May 28, 2020), 85 FR 35975 (June 12, 2020), 85 FR 41658 (July 10, 
2020), and 85 FR 44563 (July 23, 2020).
    In a notice published on August 20, 2019, the U.S. Trade 
Representative, at the direction of the President, announced a 
determination to modify the action being taken in the Section 301 
investigation by imposing an additional 10 percent ad valorem duty on 
goods of China classified in 3,805 full and partial subheadings of the 
Harmonized Tariff Schedule of the United States (HTSUS), with an 
approximate annual trade value of $300 billion. See 84 FR 43304 (August 
20 notice). The August 20 notice contains two separate lists of tariff 
subheadings, with two different effective dates. List 1, which is set 
out in Annex A of the August 20 notice, went into effect September 1, 
2019. List 2, which is set out in Annex C of the August 20 notice,

[[Page 63332]]

was scheduled to take effect on December 15, 2019.
    On August 30, 2019, the U.S. Trade Representative, at the direction 
of the President, determined to modify the action being taken in the 
investigation by increasing the rate of additional duty from 10 to 15 
percent ad valorem on the goods of China specified in Annex A (List 1) 
and Annex C (List 2) of the August 20 notice. See 84 FR 45821. On 
October 24, 2019, the U.S. Trade Representative established a process 
by which U.S. stakeholders could request exclusion of particular 
products classified within an eight-digit HTSUS subheading covered by 
List 1 of the $300 billion action from the additional duties. See 84 FR 
57144 (the October 24 notice). Subsequently, the U.S. Trade 
Representative announced a determination to suspend until further 
notice the additional duties on products set out in Annex C (List 2) of 
the August 20 notice. See 84 FR 69447 (December 18, 2019). The U.S. 
Trade Representative later determined to further modify the action 
being taken by reducing the additional duties for the products covered 
in Annex A of the August 20 notice (List 1) from 15 to 7.5 percent. See 
85 FR 3741 (January 22, 2020).
    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 
announced three sets of exclusions. See 85 FR 13970; 85 FR 15244; 85 FR 
17936. Additional sets of exclusions were published in May, June, July, 
and August 2020. See 85 FR 28693; 85 FR 32098; 85 FR 35975; 85 FR 
41658; 85 FR 44563; 85 FR 48627. The status of each request is posted 
on the Exclusions Portal at https://exclusions.ustr.gov/s/docket?docketNumber=USTR-2019-0017.

B. Technical Amendment to an Exclusion

    The Annex makes one technical amendment to U.S. note 20(ddd)(21) to 
subchapter III of chapter 99 of the HTSUS, as set out in the Annex of 
the notice published at 85 FR 41658 (July 10, 2020).

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 1, 2019, note 20(ddd)(21) to 
Subchapter III of chapter 99 of the Harmonized Tariff Schedule of 
the United States (HTSUS), is modified by deleting ``Bright C1060 
galvanized round wire, containing by weight 0.6 percent or more of 
carbon, measuring at least 0.034 mm but not more than 0.044 mm in 
diameter'' and inserting ``Bright C1060 round wire, plated or coated 
with zinc, containing by weight 0.6 percent or more of carbon, with 
a diameter measuring 0.034 mm or more but less than 1 mm'' in lieu 
thereof.

Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2020-22197 Filed 10-6-20; 8:45 am]
BILLING CODE 3290-F1-P