Continuation of Actions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 55073-55074 [2022-19365]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55073-55074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19365]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Continuation of Actions: 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: In a notice published on May 5, 2022, the Office of the United 
States Trade Representative (USTR) announced the first step in the 
statutory four-year review process of the two actions, as modified, 
taken under Section 301 in the investigation of China's Acts, Policies, 
and Practices Related to Technology Transfer, Intellectual Property, 
and Innovation. The notice informed representatives of domestic 
industries which benefit from the actions, as modified, of the possible 
termination of the actions and of the opportunity for the 
representatives to request continuation of the actions. The docket to 
receive requests for continuation for the July 6, 2018 action, as 
modified, closed on July 5, 2022. The docket to receive requests for 
the August 23, 2018 action, as modified, closed on August 22, 2022. 
USTR received requests for continuation of both actions from 
representatives of domestic industries which benefit from the actions. 
Accordingly, the actions have not terminated and will remain in effect, 
subject to possible further modifications, including any modifications 
resulting from the statutory four-year review.

DATES: The July 6, 2018 action, as modified, did not terminate on July 
6, 2022, and will remain in effect, subject to possible further 
modifications.
    The August 23, 2018 action, as modified, did not terminate on 
August 22, 2022, and will remain in effect, subject to possible 
modifications.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
contact Associate General Counsels Megan Grimball or Philip Butler at 
(202) 395-5725.

SUPPLEMENTARY INFORMATION:

A. Background

    For background on the Section 301 actions, modifications, and four-
year review process in the investigation of China's Acts, Policies, and 
Practices Related to Technology Transfer, Intellectual Property, and 
Innovation, please see 87 FR 26797 (May 5, 2022) (May 5 notice).
    As stated in the May 5 notice, under Section 307(c)(1)(B) of the 
Trade Act of 1974, as amended (Trade Act) (19 U.S.C. 2417(c)(1)(B)), 
the July 6, 2018 action under Section 301, as modified, and the August 
23, 2018 action under Section 301, as modified, were subject to 
possible termination on their respective four-year anniversary dates 
(i.e., July 6, 2022 and August 23, 2022, respectively) unless a 
representative of a domestic industry which benefits from the 
respective action submitted in the 60-day period prior to the four-year 
anniversary of the respective action a request that the action 
continue.
    Pursuant to Section 307(c)(2) of the Trade Act (19 U.S.C. 
2417(c)(2)), USTR notified representatives of domestic industries which 
may benefit from the July 6, 2018 action, as modified, or the August 
23, 2018 action, as modified, of the possible termination of these 
actions, as modified, and of the opportunity for these representatives 
to request continuation of the actions. See May 5 notice. As provided 
in the May 5 notice, representatives of domestic industries which 
benefit from the July 6, 2018 action, as modified, were afforded the 
opportunity to submit between May 7, 2022 and July 5, 2022, a request 
to continue the action, and representatives of domestic industries 
which benefit from the August 23, 2018 action, as modified, were 
afforded the opportunity to submit such requests between June 24, 2022 
and August 22, 2022.

B. Continuation of Actions

    USTR received numerous requests to continue the July 6, 2018 and 
August 23, 2018 actions, as modified. For the July 6, 2018 action, as 
modified, requests were submitted by a range of domestic industries, 
including 244 requests from domestic producers and 44 requests from 
trade associations. For the August 23, 2018 action, as modified, 
requests were submitted by a range of domestic industries, including 
114 requests from domestic producers and 32 requests from trade 
associations. Representatives of domestic industries reported that they 
benefit from the trade action in a number of ways. For example, 
representatives of domestic industries reported that the July 6, 2018 
action provides an incentive for the Chinese government to stop the 
harmful policies and practices that are the target of the tariff 
action. Additionally, representatives stated that the action has 
allowed them to compete against Chinese imports, invest in new 
technologies, expand domestic production, and hire additional workers. 
Similarly, for the August 23, 2018 action, representatives of the 
domestic industry reported that the additional tariffs have created 
more leverage to induce China to eliminate the policies and practices 
that are the subject of the Section 301 action, and have helped to 
address unfair competition resulting from China's technology transfer 
policies and practices and encourage better policies and practices.
    Based on the requests for continuation received by USTR, and in 
accordance with Section 307(c)(1)(B) of the Trade Act (19 U.S.C. 
2417(c)(1)(B)), the U.S. Trade Representative has determined that the 
July 6, 2018 action, as modified, and the August 23, 2018 action, as 
modified, did not terminate on their four-year anniversary dates (July 
6, 2022 and August 23, 2022), and accordingly will remain in effect 
because at least one representative of a domestic industry which 
benefits from each action, as modified, has submitted to the U.S. Trade 
Representative during the last 60 days of such four-year period a 
written request for the continuation of such action.

[[Page 55074]]

C. Further Steps in Statutory Four-Year Review

    In light of the continuation of the actions, the U.S. Trade 
Representative will conduct a review of the July 6, 2018 and August 23, 
2018 actions, as modified, in accordance with Section 307(c)(3) of the 
Trade Act (19 U.S.C. 2417(c)(3)). USTR will publish a separate notice 
or separate notices describing the review process. The process will 
include opening a docket for interested persons to submit comments on, 
among other matters, the effectiveness of the actions in achieving the 
objectives of the investigation, other actions that could be taken, and 
the effects of such actions on the United States economy, including 
consumers.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-19365 Filed 9-7-22; 8:45 am]
BILLING CODE 3390-F2-P