Notice of Product Exclusion Extension Amendment: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 63330-63331 [2020-22200]
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63330
Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
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 June 24 notice stated that the U.S.
Trade Representative would take into
account whether an exclusion would
undermine the objective of the Section
301 investigation.
The June 24 notice required
submission of requests for exclusion
from the $200 billion action no later
than September 30, 2019, and noted that
the U.S. Trade Representative
periodically would announce decisions.
In August 2019, the U.S. Trade
Representative granted an initial set of
exclusion requests. See 84 FR 38717.
The U.S. Trade Representative granted
additional exclusions in September,
October, November, and December
2019, and January, February, March,
April, May, June, and August 2020. See
84 FR 49591; 84 FR 57803; 84 FR 61674;
84 FR 65882; 84 FR 69012; 85 FR 549;
85 FR 6674; 85 FR 9921; 85 FR 15015;
85 FR 17158; 85 FR 23122; 85 FR 27489;
85 FR 32094; 85 FR 38000; 85 FR 52188.
The status of each request is posted on
the portal at https://exclusions.ustr.gov/
s/docket?docketNumber=USTR-20190005.
B. Technical Amendment to an
Exclusion
The Annex makes one technical
amendment to U.S. note 20(w)(27) to
subchapter III of chapter 99 of the
HTSUS, as set out in the Annex of the
notice published at 84 FR 49591
(September 20, 2019).
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consumption, or withdrawn from warehouse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 24, 2018,
U.S. note 20(w)(27) to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS), 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. 2020–22198 Filed 10–6–20; 8:45 am]
BILLING CODE 3290–F1–P
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OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusion Extension
Amendment: China’s Acts, Policies,
and Practices Related to Technology
Transfer, Intellectual Property, and
Innovation
Office of the United States
Trade Representative.
ACTION: Notice.
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. 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
has granted eight sets of exclusions
under the $300 billion action. On June
26, July 17, and August 11, 2020, the
U.S. Trade Representative invited the
public to comment on whether to
extend particular granted exclusions.
On September 2, 2020, the U.S. Trade
Representative announced a
determination to extend certain
previously granted exclusions. This
notice announces the U.S. Trade
Representative’s determination to make
one technical amendment to a
previously granted exclusion extension.
DATES: The amendment announced in
this notice applies as of September 1,
2019, and continues 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, Assistant General Counsel
Megan Grimball, or Director of
Industrial Goods Justin Hoffmann at
(202) 395–5725. For specific questions
SUMMARY:
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
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 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
38482 (June 26, 2020), 85 FR 41658 (July
10, 2020), 85 FR 43639 (July 17, 2020),
85 FR 44563 (July 23, 2020), 85 FR
48595 (August 11, 2020), and 85 FR
54616 (September 2, 2020).
In a notice published on August 20,
2019 (84 FR 43304 (August 20 notice)),
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. 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, 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
E:\FR\FM\07OCN1.SGM
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Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
duties. See 84 FR 57144 (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
percent to 7.5 percent. See 85 FR 3741
(January 22, 2020).
The U.S. Trade Representative issued
a notice setting out the process for
product exclusions and opened a public
docket. 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
exclusions the U.S. Trade
Representative granted under the $300
billion action expired on September 1,
2020. See 85 FR 13970.
On June 26, July 23, and August 11,
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
$300 billion action. See 85 FR 38482; 85
FR 43639; 85 FR 48595. On September
2, 2020, the U.S. Trade Representative
announced a determination to extend
certain previously granted exclusions.
See 85 FR 54616.
B. Technical Amendments to an
Exclusion Extension
The Annex makes one technical
amendment to U.S. note 20(jjj)(53) to
subchapter III of chapter 99 of the
HTSUS, as set out in the Annex of the
notice published at 85 FR 54616
(September 2, 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(jjj)(53) 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
VerDate Sep<11>2014
17:21 Oct 06, 2020
Jkt 253001
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.
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 September 1,
2019, note 20(jjj)(53) 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.
[FR Doc. 2020–22200 Filed 10–6–20; 8:45 am]
BILLING CODE 3290–F1–P
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
Office of the United States
Trade Representative.
ACTION: Notice.
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. 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
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
63331
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 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 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,
E:\FR\FM\07OCN1.SGM
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Agencies
[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63330-63331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22200]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusion Extension 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.
-----------------------------------------------------------------------
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 has granted eight sets of exclusions under
the $300 billion action. On June 26, July 17, and August 11, 2020, the
U.S. Trade Representative invited the public to comment on whether to
extend particular granted exclusions. On September 2, 2020, the U.S.
Trade Representative announced a determination to extend certain
previously granted exclusions. This notice announces the U.S. Trade
Representative's determination to make one technical amendment to a
previously granted exclusion extension.
DATES: The amendment announced in this notice applies as of September
1, 2019, and continues 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, 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 38482 (June 26,
2020), 85 FR 41658 (July 10, 2020), 85 FR 43639 (July 17, 2020), 85 FR
44563 (July 23, 2020), 85 FR 48595 (August 11, 2020), and 85 FR 54616
(September 2, 2020).
In a notice published on August 20, 2019 (84 FR 43304 (August 20
notice)), 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. 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, 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
[[Page 63331]]
duties. See 84 FR 57144 (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 percent to 7.5
percent. See 85 FR 3741 (January 22, 2020).
The U.S. Trade Representative issued a notice setting out the
process for product exclusions and opened a public docket. 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 exclusions the U.S. Trade Representative granted under the
$300 billion action expired on September 1, 2020. See 85 FR 13970.
On June 26, July 23, and August 11, 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 $300 billion
action. See 85 FR 38482; 85 FR 43639; 85 FR 48595. On September 2,
2020, the U.S. Trade Representative announced a determination to extend
certain previously granted exclusions. See 85 FR 54616.
B. Technical Amendments to an Exclusion Extension
The Annex makes one technical amendment to U.S. note 20(jjj)(53) to
subchapter III of chapter 99 of the HTSUS, as set out in the Annex of
the notice published at 85 FR 54616 (September 2, 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(jjj)(53) 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.
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 September 1, 2019, note 20(jjj)(53) 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.
[FR Doc. 2020-22200 Filed 10-6-20; 8:45 am]
BILLING CODE 3290-F1-P