Request for Comments on the Possible Reinstatement of Certain Exclusions in the Section 301 Investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 56345-56347 [2021-22062]

Download as PDF Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices DEPARTMENT OF STATE [Public Notice 11558] Notice of Determinations; Culturally Significant Objects Being Imported for Exhibition—Determinations: ‘‘Through Vincent’s Eyes: Van Gogh and His Sources’’ Exhibition Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to agreements with their foreign owner or custodian for temporary display in the exhibition ‘‘Through Vincent’s Eyes: Van Gogh and His Sources’’ at the Columbus Museum of Art, Columbus, Ohio; the Santa Barbara Museum of Art, Santa Barbara, California; and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Chi D. Tran, Program Administrator, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/ PD, 2200 C Street NW (SA–5), Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000. SUMMARY: Matthew R. Lussenhop, Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2021–21972 Filed 10–7–21; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD jspears on DSK121TN23PROD with NOTICES1 [Docket No. FD 36538] The Central Railroad Company of Indiana—Acquisition and Operation Exemption—Patton-Lowe RR, Inc. The Central Railroad Company of Indiana (CIND), a Class III railroad, has filed a verified notice of exemption VerDate Sep<11>2014 17:07 Oct 07, 2021 Jkt 256001 under 49 CFR 1150.41 to enter into a transaction agreement (Transaction Agreement) with Patton-Lowe RR, Inc. (PLRI), for CIND to acquire and operate a rail line from approximately milepost 64.43 at Craig 1 (east of the SR46 Grade Crossing, at a point of connection with CIND’s Westport Industrial Track near CIND milepost 225.0) to 100 feet east of the switch at approximately milepost 64.61 (the Line).2 The verified notice states that CIND has also entered into a trackage rights agreement to acquire incidental trackage rights over a connecting PLRI rail line, which will allow CIND to provide local and overhead service to customers.3 CIND certifies that neither the Transaction Agreement and nor the trackage rights agreement impose or include an interchange commitment. CIND further certifies that its projected revenues as a result of the transaction will not exceed those that would qualify it as a Class III rail carrier but that its current annual revenues exceed $5 million. Pursuant to 49 CFR 1150.42(e), if a carrier’s projected annual revenues will exceed $5 million, it must, at least 60 days before the exemption becomes effective, post a notice of its intent to undertake the proposed transaction at the workplace of the employees on the affected lines, serve a copy of the notice on the national offices of the labor unions with employees on the affected lines, and certify to the Board that it has done so. However, CIND’s verified notice includes a request for waiver of the 60-day advance labor notice requirements. CIND’s waiver request will be addressed in a separate decision. The Board will establish the effective date of the exemption in its separate decision on the waiver request. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than October 15, 2021. All pleadings, referring to Docket No. FD 36538, should be filed with the Surface Transportation Board via e1 Craig is an unincorporated railroad location immediately west of the boundary of the City of Greensburg, Ind. See Patton-Lowe RR—Acquis. Exemption—Consolidated Rail Corp., FD 36366, slip op. at 1 n.1 (STB served Jan. 3, 2020). 2 The parties to the Transaction Agreement also include Lowe’s Pellets and Grain, Inc. (Lowe’s), the parent company of PLRI, and Next Generation, Inc. (NEXTGEN). 3 The Transaction Agreement also provides for the rehabilitation of certain track to allow CIND to access the incidental track and the Lowe’s and NEXTGEN facilities. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 56345 filing on the Board’s website. In addition, one copy of each pleading must be served on CIND’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103. According to CIND, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: October 5, 2021. By the Board, Valerie O. Quinn, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2021–22024 Filed 10–7–21; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Request for Comments on the Possible Reinstatement of Certain Exclusions in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative (USTR). ACTION: Notice and request for comments. AGENCY: In prior notices, the U.S. Trade Representative modified the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding certain products from additional duties in multiple tranches. From the various tranches of granted exclusions, the U.S. Trade Representative subsequently extended 549 exclusions. Most of these extensions expired by December 31, 2020. The remainder expired earlier this year. USTR invites specific comments on whether to reinstate particular product exclusions. DATES: October 12, 2021 at 12:01 a.m. EDT: The public docket on the web portal at https://comments.USTR.gov will open for parties to submit comments on the possible reinstatement of particular exclusions. December 1, 2021 at 11:59 p.m. EST: To be assured of consideration, submit written comments on the public docket by this date. ADDRESSES: You must submit all comments through the online portal: https://comments.USTR.gov. SUMMARY: E:\FR\FM\08OCN1.SGM 08OCN1 56346 Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices For general questions about this notice and request for comments, contact Associate General Counsel Philip Butler or Assistant General Counsel David Salkeld at (202) 395–5725. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A. Background jspears on DSK121TN23PROD with NOTICES1 In the course of this investigation the U.S. Trade Representative imposed additional duties on products of China in four tranches. See 83 FR 28719 (June 20, 2018); 83 FR 40823 (August 16, 2018); 83 FR 47974 (September 21, 2018), as modified by 83 FR 49153 (September 28, 2018); and 84 FR 43304 (August 20, 2019), as modified by 84 FR 69447 (December 18, 2019); and 85 FR 3741 (January 22, 2020). Each tranche is commonly known as a ‘List’, e.g., List 1, List 2, etc. The fourth tranche is contained in Lists 4A and 4B. No tariffs on List 4B currently are in effect. For each tranche, the U.S. Trade Representative established a process by which U.S. stakeholders could request the exclusion of particular products subject to the action. The first tranche of exclusions expired in December 2019 and the final tranche of exclusions expired in October 2020. Starting in November 2019, the U.S. Trade Representative established processes for submitting public comments on whether to extend particular exclusions. See, e.g., 85 FR 6687 (February 5, 2019) and 85 FR 38482 (June 26, 2020). Pursuant to these processes, the U.S. Trade Representative determined to extend 137 exclusions covered under List 1,1 59 exclusions on List 2,2 266 exclusions on List 3,3 and 87 exclusions on List 4.4 With the exception of exclusions related to the COVID pandemic, all of these 549 exclusions have expired. In particular, the exclusions for most of these products expired by December 31, 2020, and the remaining exclusions expired on March 25, and April 18, 2021. See 85 FR 15849 and 85 FR 20332. USTR is separately addressing the possible extension of current COVID exclusions. See 86 FR 48280 and 86 FR 54011. 1 List 1 Notices: 84 FR 70616 (December 23, 2019); 85 FR 15849 (March 19, 2020); 85 FR 20332 (April 10, 2020); 85 FR 29503 (May15, 2020); 85 FR 33775 (June 2, 2020); 85 FR 41267 (July 9,2020); 85 FR 59587 (September 22, 2020); 85 FR 62782 (October 5, 2020). 2 List 2 Notices: 85 FR 45949 (July 30, 2020); 85 FR 59595 (September 22, 2020); 85 FR 62786 (October 5, 2020). 3 List 3 Notices: 85 FR 48600 (August 11, 2020); 85 FR 57925 (September 16, 2020); 85 FR 63332 (October 7, 2020). 4 List 4a Notices: 85 FR 54616 (September 2, 2020); 85 FR 63330 (October 7, 2020). VerDate Sep<11>2014 17:07 Oct 07, 2021 Jkt 256001 B. Possible Reinstatement of Previously Extended Product Exclusions C. How To Comment on the Reinstatement of Exclusions The U.S. Trade Representative is considering the possible reinstatement of previously extended exclusions granted under the notices referenced in notes 1–4 above. Accordingly, USTR invites public comments on whether to reinstate particular exclusions that previously were extended. Additionally, USTR invites public comments on the appropriate length of the reinstated exclusions. USTR will evaluate the possible reinstatement of each exclusion on a case-by-case basis. The focus of the evaluation will be whether, despite the imposition of additional duties beginning in September 2018, the particular product remains available only from China. In addressing this factor, commenters should address specifically: • 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 September 2018 with respect to the particular product or any other relevant industry developments. • The efforts, if any, the importers or U.S. purchasers have undertaken since September 2018 to source the product from the United States or third countries. • Domestic capacity for producing the product in the United States. In addition, USTR will consider whether or not reinstating the exclusion will impact or result in severe economic harm to the commenter or other U.S. interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States, as well as the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies, and practices covered in the Section 301 investigation. USTR will seek advice and consult with the agencies that make up the interagency Section 301 Committee, including the Small Business Administration. Exclusions reinstated pursuant to this review would be retroactive with respect to merchandise entered, or withdrawn from warehouse, for consumption on or after the opening of the docket on October 12, 2021, for which the entries are not liquidated at the time the claim to apply the reinstated exclusion is made to U.S. Customs and Border Protection in accordance with their procedures. The 549 previously-extended product exclusions can be found in the notices cited in notes 1–4 above. For ease of reference, USTR also is publishing a list of the previously extended exclusions on its website at: https://ustr.gov/issueareas/enforcement/section-301investigations/section-301-chinatechnology-transfer/china-section-301tariff-actions-and-exclusion-process/ reinstatement-certain-exclusionspreviously-extended. To submit a comment either supporting or opposing the reinstatement of a particular exclusion, commenters first must register on the portal at https://comments.USTR.gov. As noted above, the public docket on the portal will be open for 50 days, starting October 12, 2021. After registration, the commenter may submit an exclusion reinstatement comment to the public docket. A facsimile of the form containing the questions to be addressed on the comment docket is available on USTR’s website at https://ustr.gov/issue-areas/ enforcement/section-301-investigations/ section-301-china-technology-transfer/ china-section-301-tariff-actions-andexclusion-process/reinstatementcertain-exclusions-previously-extended. Set out below is a summary of the information to be submitted. • Contact information, including the full legal name of the organization making the comment, and whether the commenter is a third party. • The previously extended exclusion you are commenting on. • Whether the product or products covered by the exclusion are subject to an antidumping or countervailing duty order issued by the U.S. Department of Commerce. • Whether you support or oppose reinstating the exclusion and an explanation of your rationale. • Whether the commenter meets the size standard for a small business, as established by the Small Business Administration. • The number of employees your business employs in the United States. • Whether the products covered by the exclusion or comparable products are available from sources in the U.S. or in third countries. • The efforts you have undertaken since September 2018 to source the product from the U.S. or third countries. • As a domestic producer, your capacity to produce the product in the United States, your production in the United States, your efforts to produce domestically, and any constraints. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\08OCN1.SGM 08OCN1 Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices • The value and quantity of the Chinese-origin product covered by the specific exclusion request purchased over the last three years. • 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 over the last three years. • If applicable, the commenter’s gross revenues for the last three years. • Whether the Chinese-origin product of concern is sold as a final product or as an input. • Whether or not reinstating the exclusion will result in severe economic harm to the commenter or other U.S. interests. • Whether the additional tariffs had an impact on employment at your company. • Any additional information in support of or in opposition to reinstating the exclusion. Commenters also may provide any other information or data that they consider relevant. D. Submission Instructions To be assured of consideration, you must submit your comment during the 50-day period following the opening of the public docket on the portal. Parties seeking to comment on more than one exclusion must submit a separate comment for each exclusion. USTR’s portal allows for the submission of Business Confidential Information (BCI). Fields with a (BCI) notation are for BCI and the information entered will not be publicly available. By submitting a comment, the commenter certifies that the information provided is complete and correct to the best of their knowledge. Greta Peisch, General Counsel, Office of the United States Trade Representative. [FR Doc. 2021–22062 Filed 10–7–21; 8:45 am] BILLING CODE 3390–F2–P DEPARTMENT OF TRANSPORTATION jspears on DSK121TN23PROD with NOTICES1 Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Transportation Project in Florida Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitation on claims for judicial review. AGENCY: VerDate Sep<11>2014 17:07 Oct 07, 2021 Jkt 256001 The FHWA, on behalf of the FDOT, is issuing this notice to announce actions taken by FDOT and other Federal Agencies that are final agency actions. These actions relate to the proposed State Road 30 (US 98) Dupont Bridge Replacement Project in Bay County, Florida. These actions grant licenses, permits, or approvals for the project. DATES: By this notice, the FHWA, on behalf of FDOT, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal Agency actions on the listed highway project will be barred unless the claim is filed on or before March 7, 2022. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For FDOT: Jennifer Marshall, P.E., Director, Office of Environmental Management, FDOT, 605 Suwannee Street, MS 37, Tallahassee, Florida 32399; telephone (863) 519–2239; email: Jennifer.Marshall@dot.state.fl.us. The FDOT Office of Environmental Management’s normal business hours are 8:00 a.m. to 5:00 p.m. (Eastern Standard Time), Monday through Friday, except State holidays. SUPPLEMENTARY INFORMATION: Effective December 14, 2016, the FHWA assigned, and the FDOT assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that FDOT and other Federal Agencies have taken final agency actions subject to 23 U.S.C. 139 (l)(1) by issuing licenses, permits, or approvals for the proposed improvement highway project. The actions by FDOT and other Federal Agencies on the project, and the laws under which such actions were taken are described in the Environmental Assessment approved on August 5, 2021, Finding of No Significant Impacts approved on August 5, 2021, and in other project records for the listed project. The Environmental Assessment, Finding of No Significant Impacts, and other documents for the listed project are available by contacting FDOT at the address provided above. The Environmental Assessment, Finding of No Significant Impacts, and additional project documents can be viewed and downloaded from the project website at: www.dupontbridge.com. The project subject to this notice is: Project Location: City of Parker in Bay County, Florida. The project replaces the Dupont Bridge and upgrades the roadway approaches on US 98 from SUMMARY: PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 56347 south of the Bonita Bay Outdoor Recreation Center to Oak Shore Drive, a distance of approximately one mile. Project Actions: This notice applies to the Environmental Assessment, Finding of No Significant Impacts and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321 et seq.]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 23 U.S.C. 128]; 23 CFR part 771. 2. Air: Clean Air Act (CAA) [42 U.S.C. 7401–7671(q)], with the exception of project level conformity determinations [42 U.S.C. 7506]. 3. Noise: Noise Control Act of 1972 [42 U.S.C. 4901–4918]; 23 CFR 772. 4. Land: Section 4(f) of the Department of Transportation Act of 1966 [23 U.S.C. 138 and 49 U.S.C. 303]; 23 CFR part 774; Land and Water Conservation Fund (LWCF) [54 U.S.C. 200302–200310]. 5. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531–1544 and 1536]; Marine Mammal Protection Act [16 U.S.C. 1361–1423h], Anadromous Fish Conservation Act [16 U.S.C. 757(a)– 757(f)]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; Migratory Bird Treaty Act (MBTA) [16 U.S.C. 703– 712]; Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801– 1891d], with Essential Fish Habitat requirements [16 U.S.C. 1855(b)(2)]. 6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [54 U.S.C. 3006101 et seq.]; Archaeological Resources Protection Act of 1979 (ARPA) [16 U.S.C. 470(aa)– 470(II)]; Preservation of Historical and Archaeological Data [54 U.S.C. 312501– 312508]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013; 18 U.S.C. 1170]. 7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000d–2000d–1]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 8. Wetlands and Water Resources: Clean Water Act (Section 319, Section 401, Section 404) [33 U.S.C. 1251– 1387]; Coastal Barriers Resources Act (CBRA) [16 U.S.C. 3501–3510]; Coastal Zone Management Act (CZMA) [16 U.S.C. 1451–1466]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300f–300j–26]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation, [23 U.S.C. 119(g) and E:\FR\FM\08OCN1.SGM 08OCN1

Agencies

Office of the United States Trade Representative

[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56345-56347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22062]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Request for Comments on the Possible Reinstatement of Certain 
Exclusions in the Section 301 Investigation of China's Acts, Policies, 
and Practices Related to Technology Transfer, Intellectual Property, 
and Innovation

AGENCY: Office of the United States Trade Representative (USTR).

ACTION: Notice and request for comments.

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

SUMMARY: In prior notices, the U.S. Trade Representative modified the 
action in the Section 301 investigation of China's acts, policies, and 
practices related to technology transfer, intellectual property, and 
innovation by excluding certain products from additional duties in 
multiple tranches. From the various tranches of granted exclusions, the 
U.S. Trade Representative subsequently extended 549 exclusions. Most of 
these extensions expired by December 31, 2020. The remainder expired 
earlier this year. USTR invites specific comments on whether to 
reinstate particular product exclusions.

DATES: October 12, 2021 at 12:01 a.m. EDT: The public docket on the web 
portal at https://comments.USTR.gov will open for parties to submit 
comments on the possible reinstatement of particular exclusions. 
December 1, 2021 at 11:59 p.m. EST: To be assured of consideration, 
submit written comments on the public docket by this date.

ADDRESSES: You must submit all comments through the online portal: 
https://comments.USTR.gov.

[[Page 56346]]


FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice and request for comments, contact Associate General Counsel 
Philip Butler or Assistant General Counsel David Salkeld at (202) 395-
5725.

SUPPLEMENTARY INFORMATION:

A. Background

    In the course of this investigation the U.S. Trade Representative 
imposed additional duties on products of China in four tranches. See 83 
FR 28719 (June 20, 2018); 83 FR 40823 (August 16, 2018); 83 FR 47974 
(September 21, 2018), as modified by 83 FR 49153 (September 28, 2018); 
and 84 FR 43304 (August 20, 2019), as modified by 84 FR 69447 (December 
18, 2019); and 85 FR 3741 (January 22, 2020). Each tranche is commonly 
known as a `List', e.g., List 1, List 2, etc. The fourth tranche is 
contained in Lists 4A and 4B. No tariffs on List 4B currently are in 
effect.
    For each tranche, the U.S. Trade Representative established a 
process by which U.S. stakeholders could request the exclusion of 
particular products subject to the action. The first tranche of 
exclusions expired in December 2019 and the final tranche of exclusions 
expired in October 2020. Starting in November 2019, the U.S. Trade 
Representative established processes for submitting public comments on 
whether to extend particular exclusions. See, e.g., 85 FR 6687 
(February 5, 2019) and 85 FR 38482 (June 26, 2020). Pursuant to these 
processes, the U.S. Trade Representative determined to extend 137 
exclusions covered under List 1,\1\ 59 exclusions on List 2,\2\ 266 
exclusions on List 3,\3\ and 87 exclusions on List 4.\4\ With the 
exception of exclusions related to the COVID pandemic, all of these 549 
exclusions have expired. In particular, the exclusions for most of 
these products expired by December 31, 2020, and the remaining 
exclusions expired on March 25, and April 18, 2021. See 85 FR 15849 and 
85 FR 20332. USTR is separately addressing the possible extension of 
current COVID exclusions. See 86 FR 48280 and 86 FR 54011.
---------------------------------------------------------------------------

    \1\ List 1 Notices: 84 FR 70616 (December 23, 2019); 85 FR 15849 
(March 19, 2020); 85 FR 20332 (April 10, 2020); 85 FR 29503 (May15, 
2020); 85 FR 33775 (June 2, 2020); 85 FR 41267 (July 9,2020); 85 FR 
59587 (September 22, 2020); 85 FR 62782 (October 5, 2020).
    \2\ List 2 Notices: 85 FR 45949 (July 30, 2020); 85 FR 59595 
(September 22, 2020); 85 FR 62786 (October 5, 2020).
    \3\ List 3 Notices: 85 FR 48600 (August 11, 2020); 85 FR 57925 
(September 16, 2020); 85 FR 63332 (October 7, 2020).
    \4\ List 4a Notices: 85 FR 54616 (September 2, 2020); 85 FR 
63330 (October 7, 2020).
---------------------------------------------------------------------------

B. Possible Reinstatement of Previously Extended Product Exclusions

    The U.S. Trade Representative is considering the possible 
reinstatement of previously extended exclusions granted under the 
notices referenced in notes 1-4 above. Accordingly, USTR invites public 
comments on whether to reinstate particular exclusions that previously 
were extended. Additionally, USTR invites public comments on the 
appropriate length of the reinstated exclusions.
    USTR will evaluate the possible reinstatement of each exclusion on 
a case-by-case basis. The focus of the evaluation will be whether, 
despite the imposition of additional duties beginning in September 
2018, the particular product remains available only from China. In 
addressing this factor, commenters should address specifically:
     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 September 
2018 with respect to the particular product or any other relevant 
industry developments.
     The efforts, if any, the importers or U.S. purchasers have 
undertaken since September 2018 to source the product from the United 
States or third countries.
     Domestic capacity for producing the product in the United 
States.
    In addition, USTR will consider whether or not reinstating the 
exclusion will impact or result in severe economic harm to the 
commenter or other U.S. interests, including the impact on small 
businesses, employment, manufacturing output, and critical supply 
chains in the United States, as well as the overall impact of the 
exclusions on the goal of obtaining the elimination of China's acts, 
policies, and practices covered in the Section 301 investigation.
    USTR will seek advice and consult with the agencies that make up 
the interagency Section 301 Committee, including the Small Business 
Administration.
    Exclusions reinstated pursuant to this review would be retroactive 
with respect to merchandise entered, or withdrawn from warehouse, for 
consumption on or after the opening of the docket on October 12, 2021, 
for which the entries are not liquidated at the time the claim to apply 
the reinstated exclusion is made to U.S. Customs and Border Protection 
in accordance with their procedures.

C. How To Comment on the Reinstatement of Exclusions

    The 549 previously-extended product exclusions can be found in the 
notices cited in notes 1-4 above. For ease of reference, USTR also is 
publishing a list of the previously extended exclusions on its website 
at: https://ustr.gov/issue-areas/enforcement/section-301-investigations/section-301-china-technology-transfer/china-section-301-tariff-actions-and-exclusion-process/reinstatement-certain-exclusions-previously-extended.
    To submit a comment either supporting or opposing the reinstatement 
of a particular exclusion, commenters first must register on the portal 
at https://comments.USTR.gov. As noted above, the public docket on the 
portal will be open for 50 days, starting October 12, 2021. After 
registration, the commenter may submit an exclusion reinstatement 
comment to the public docket.
    A facsimile of the form containing the questions to be addressed on 
the comment docket is available on USTR's website at https://ustr.gov/issue-areas/enforcement/section-301-investigations/section-301-china-technology-transfer/china-section-301-tariff-actions-and-exclusion-process/reinstatement-certain-exclusions-previously-extended. Set out 
below is a summary of the information to be submitted.
     Contact information, including the full legal name of the 
organization making the comment, and whether the commenter is a third 
party.
     The previously extended exclusion you are commenting on.
     Whether the product or products covered by the exclusion 
are subject to an antidumping or countervailing duty order issued by 
the U.S. Department of Commerce.
     Whether you support or oppose reinstating the exclusion 
and an explanation of your rationale.
     Whether the commenter meets the size standard for a small 
business, as established by the Small Business Administration.
     The number of employees your business employs in the 
United States.
     Whether the products covered by the exclusion or 
comparable products are available from sources in the U.S. or in third 
countries.
     The efforts you have undertaken since September 2018 to 
source the product from the U.S. or third countries.
     As a domestic producer, your capacity to produce the 
product in the United States, your production in the United States, 
your efforts to produce domestically, and any constraints.

[[Page 56347]]

     The value and quantity of the Chinese-origin product 
covered by the specific exclusion request purchased over the last three 
years.
     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 over the 
last three years.
     If applicable, the commenter's gross revenues for the last 
three years.
     Whether the Chinese-origin product of concern is sold as a 
final product or as an input.
     Whether or not reinstating the exclusion will result in 
severe economic harm to the commenter or other U.S. interests.
     Whether the additional tariffs had an impact on employment 
at your company.
     Any additional information in support of or in opposition 
to reinstating the exclusion.
    Commenters also may provide any other information or data that they 
consider relevant.

D. Submission Instructions

    To be assured of consideration, you must submit your comment during 
the 50-day period following the opening of the public docket on the 
portal. Parties seeking to comment on more than one exclusion must 
submit a separate comment for each exclusion. USTR's portal allows for 
the submission of Business Confidential Information (BCI). Fields with 
a (BCI) notation are for BCI and the information entered will not be 
publicly available. By submitting a comment, the commenter certifies 
that the information provided is complete and correct to the best of 
their knowledge.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2021-22062 Filed 10-7-21; 8:45 am]
BILLING CODE 3390-F2-P

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