Notice of Product Exclusion Amendment: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 72748 [2020-25068]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Notices]
[Page 72748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25068]


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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: Effective September 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 a product exclusion process in June 
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 announced exclusion.

DATES: As stated in the September 20, 2019 notice, product exclusions 
will apply from September 24, 2018 to August 7, 2020. The amendments 
announced in this notice are retroactive to the date the original 
exclusions were published and do not further extend the period for the 
original exclusions. 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 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 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 (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 52188 (August 
24, 2020), and 85 FR 63329 (October 7, 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 (the June 24 notice).
    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, July, August, and October 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 42968; 85 FR 52188; 85 FR 63329. The status of each 
request can be found on the Exclusions Portal at https://exclusions.ustr.gov/s/docket?docketNumber=USTR-2019-0005.

C. Technical Amendment to Exclusion

    Paragraph A of the Annex contains one technical amendment to U.S. 
note 20(yy)(75) to subchapter III of chapter 99 of the HTSUS, as set 
out in the Annex of the notice published at 85 FR 27489 (May 8, 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 24, 2018, and through August 7, 
2020, U.S. note 20(yy)(75) to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States (HTSUS), is modified 
by deleting ``(described in statistical reporting number 
8427.90.0090)'' and inserting ``(described in statistical reporting 
number 8427.90.0000 prior to July 1, 2019; described in statistical 
reporting number 8427.90.0090 effective July 1, 2019)'' in lieu 
thereof.

Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2020-25068 Filed 11-12-20; 8:45 am]
BILLING CODE 3290-F0-P