Notice of Product Exclusion Extension Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 63332-63333 [2020-22199]

Download as PDF 63332 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 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 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. VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 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-20190017. 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 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Product Exclusion Extension Amendments: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative. ACTION: Notice. AGENCY: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 Effective September 24, 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 an exclusion process on June 24, 2019, and has granted 16 sets of exclusions under the $200 billion action. These exclusions expired on August 7, 2020. On May 6 and June 3, 2020, the U.S. Trade Representative invited the public to comment on whether to extend particular granted exclusions. On August 11, 2020, the U.S. Trade Representative announced a determination to extend certain previously granted exclusions. This notice announces the U.S. Trade Representatives determination to make two technical amendments to previously extended exclusions. DATES: The amendments announced in this notice apply as of August 7, 2020, and continue through December 31, 2020. This notice does not further extend the period for product exclusion extensions. 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 traderemedy@ cbp.dhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: 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 E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices (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), 85 FR 38000 (June 24, 2020), 85 FR 42968 (July 15, 2020), 85 FR 48600 (August 11, 2020), and 85 FR 52188 (August 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). The U.S. Trade Representative issued a notice setting out the process for product exclusions and opened a public docket. The exclusions the U.S. Trade Representative granted under the $200 billion action expired on August 7, 2020. See 84 FR 38717 (August 7, 2019). On May 6 and June 3, 2020, the U.S. Trade Representative invited the public to comment on whether to extend by up to 12 months, particular exclusions granted under the $200 billion action. See 85 FR 27011; 85 FR 34279 ($200 billion extension notices). On August 11, 2020, the U.S. Trade Representative announced a determination to extend certain previously granted exclusions. See 85 FR 48600. B. Technical Amendments to Exclusion Extensions Paragraph A of the Annex makes technical amendments to U.S. note 20(iii)(57) and U.S. note (iii)(159) to subchapter III of chapter 99 of the HTSUS, as set out in the Annex of the notice published at 85 FR 48600 (August 11, 2020). Annex 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 August 7, 2020, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified: 1. U.S. note 20(iii)(57) to subchapter III of chapter 99 of the Harmonized Tariff VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 Schedule of the United States, is modified by deleting ‘‘Mixtures containing 2(dimethylamino)ethanol (CAS No. 108–01– 0)’’ and inserting ‘‘Mixtures containing N,Ndimethyldodecan-1-amine (CAS No. 112– 18–5) and N,N-dimethyltetradecan-1-amine (CAS No. 112–75–4)’’ in lieu thereof. 2. U.S. note 20(iii)(159) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States, is modified by deleting ‘‘heading 8471 not incorporating goods of headings 8541 or 8542’’ and inserting ‘‘heading 8471, whether or not incorporating fan hubs or LEDs but not incorporating other goods of headings 8541 or 8542’’ in lieu thereof. Joseph Barloon, General Counsel, Office of the United States Trade Representative. [FR Doc. 2020–22199 Filed 10–6–20; 8:45 am] BILLING CODE 3290–F1–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Additional Public Comment Period—Notice of Availability of a Draft Environmental Impact Statement (EIS) for the Proposed LaGuardia Access Improvement Project at LaGuardia Airport (LGA), New York City, Queens County, New York Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of additional 15-day public comment period for the Draft Environmental Impact Statement for the proposed LaGuardia Access Improvement Project at LaGuardia Airport (LGA), New York City, Queens County, New York. AGENCY: This notice provides an additional 15-day public comment period for the Draft Environmental Impact Statement (EIS) for the proposed LaGuardia Airport Access Improvement Project prepared to disclose the potential environmental impacts resulting from the Proposed Action, including real property transactions under the New York State Eminent Domain Procedures Law. This notice announces the extension of the public comment period to solicit public comments on the Draft EIS. DATES: The public comment period on the Draft EIS started on August 21, 2020 and has been extended to end on October 20, 2020. All comments must be received by no later than 5:00 p.m. Eastern Daylight Time, Tuesday, October 20, 2020. ADDRESSES: Oral comments on the Draft EIS may be presented by leaving a voicemail at (855) LGA–EIS9 or (855) SUMMARY: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 63333 542–3479. Written comments on the Draft EIS may be submitted via the following methods: • Online on the project website at https://www.lgaaccesseis.com/formalcomment. • Email to comments@ lgaaccesseis.com. • U.S. Mail to Mr. Andrew Brooks, Environmental Program Manager, Eastern Region Office, AEA–610, Federal Aviation Administration, 1 Aviation Plaza, Jamaica, NY 11434. Comments on the Draft EIS will help FAA arrive at the best possible informed decision about the proposal. If you choose to include your name, address and telephone number, email, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information, FAA cannot guarantee that we will be able to do so. FOR FURTHER INFORMATION CONTACT: Mr. Andrew Brooks, Environmental Program Manager, Eastern Region Office, AEA– 610, Federal Aviation Administration, 1 Aviation Plaza, Jamaica, NY 11434. Telephone: 718–553–2511. SUPPLEMENTARY INFORMATION: This notice continues the public comment period on the Draft EIS for the LaGuardia Airport Access Improvement Project announced in the Notice of Availability of a Draft Environmental Impact Statement (EIS) and Notice of Public Workshops and Hearings for the Proposed LaGuardia Access Improvement Project at LaGuardia Airport (LGA), New York City, Queens County, New York, 85 FR 51142, August 19, 2020. The Draft EIS was prepared in response to a proposal presented by the Port Authority of New York and New Jersey (Port Authority). The Port Authority operates LGA under a lease agreement with the City of New York. FAA must decide whether to approve, pursuant to 49 U.S.C. 47106 and 47107 relating to the eligibility of the Proposed Action for federal funding under the Airport Improvement Program (AIP) and/or under 49 U.S.C. 40117, as implemented by 14 CFR 158.25, to impose and use passenger facility charge (PFC) revenue collected for the Proposed Action to assist with construction of potentially eligible development items shown on the Airport Layout Plan (ALP). FAA approval of the eligibility for federal funding under AIP or to impose and use PFCs is a Federal action that must E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

Office of the United States Trade Representative

[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63332-63333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22199]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Product Exclusion Extension 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.

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

SUMMARY: Effective September 24, 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 an exclusion process on June 24, 2019, 
and has granted 16 sets of exclusions under the $200 billion action. 
These exclusions expired on August 7, 2020. On May 6 and June 3, 2020, 
the U.S. Trade Representative invited the public to comment on whether 
to extend particular granted exclusions. On August 11, 2020, the U.S. 
Trade Representative announced a determination to extend certain 
previously granted exclusions. This notice announces the U.S. Trade 
Representatives determination to make two technical amendments to 
previously extended exclusions.

DATES: The amendments announced in this notice apply as of August 7, 
2020, and continue through December 31, 2020. This notice does not 
further extend the period for product exclusion extensions. 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 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

[[Page 63333]]

(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), 85 FR 38000 (June 24, 2020), 
85 FR 42968 (July 15, 2020), 85 FR 48600 (August 11, 2020), and 85 FR 
52188 (August 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). The U.S. Trade 
Representative issued a notice setting out the process for product 
exclusions and opened a public docket. The exclusions the U.S. Trade 
Representative granted under the $200 billion action expired on August 
7, 2020. See 84 FR 38717 (August 7, 2019).
    On May 6 and June 3, 2020, the U.S. Trade Representative invited 
the public to comment on whether to extend by up to 12 months, 
particular exclusions granted under the $200 billion action. See 85 FR 
27011; 85 FR 34279 ($200 billion extension notices). On August 11, 
2020, the U.S. Trade Representative announced a determination to extend 
certain previously granted exclusions. See 85 FR 48600.

B. Technical Amendments to Exclusion Extensions

    Paragraph A of the Annex makes technical amendments to U.S. note 
20(iii)(57) and U.S. note (iii)(159) to subchapter III of chapter 99 of 
the HTSUS, as set out in the Annex of the notice published at 85 FR 
48600 (August 11, 2020).

Annex

    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 August 7, 2020, subchapter III of chapter 
99 of the Harmonized Tariff Schedule of the United States (HTSUS) is 
modified:
    1. U.S. note 20(iii)(57) to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States, is modified by 
deleting ``Mixtures containing 2-(dimethylamino)ethanol (CAS No. 
108-01-0)'' and inserting ``Mixtures containing N,Ndimethyldodecan-
1-amine (CAS No. 112-18-5) and N,N-dimethyltetradecan-1-amine (CAS 
No. 112-75-4)'' in lieu thereof.
    2. U.S. note 20(iii)(159) to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States, is modified by 
deleting ``heading 8471 not incorporating goods of headings 8541 or 
8542'' and inserting ``heading 8471, whether or not incorporating 
fan hubs or LEDs but not incorporating other goods of headings 8541 
or 8542'' in lieu thereof.

Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2020-22199 Filed 10-6-20; 8:45 am]
BILLING CODE 3290-F1-P

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