Notice of Conforming Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 62485-62486 [2022-22354]

Download as PDF Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Notices On general issues: Pam Durham, Office of Missile, Biological, and Chemical Nonproliferation, Bureau of International Security and Nonproliferation, Department of State, Telephone (202) 647–4930. For U.S. Government procurement ban issues: Eric Moore, Office of the Procurement Executive, Department of State, Telephone: (703) 875–4079. SUPPLEMENTARY INFORMATION: On October 3, 2022, the U.S. Government applied the measures authorized in section 3 of the Iran, North Korea, and Syria Nonproliferation Act (Pub. L. 109– 353) against the following foreign persons identified in the report submitted pursuant to section 2(a) of the Act: Beijing J&A Industry & Trade Co. Ltd. (People’s Republic of China); and any successor, sub-unit, or subsidiary thereof; Linda Zhai (PRC individual); Synnat Pharma Pvt Ltd (India) and any successor, sub-unit, or subsidiary thereof; OTOBOT Project Group (Turkey) and any successor, sub-unit, or subsidiary thereof. Accordingly, pursuant to Section 3 of the Act, the following measures are imposed on these persons: 1. No department or agency of the U.S. government may procure or enter into any contract for the procurement of any goods, technology, or services from these foreign persons, except to the extent that the Secretary of State otherwise may determine; 2. No department or agency of the U.S. government may provide any assistance to these foreign persons, and these persons shall not be eligible to participate in any assistance program of the U.S. government, except to the extent that the Secretary of State otherwise may determine; 3. No U.S. government sales to these foreign persons of any item on the United States Munitions List are permitted, and all sales to these persons of any defense articles, defense services, or design and construction services under the Arms Export Control Act are terminated; and 4. No new individual licenses shall be granted for the transfer to these foreign persons of items the export of which is controlled under the Export Control Reform Act of 2018 or the Export Administration Regulations, and any existing such licenses are suspended. These measures shall be implemented by the responsible departments and agencies of the U.S. government and will remain in place for two years from jspears on DSK121TN23PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:22 Oct 13, 2022 Jkt 259001 the effective date, except to the extent that the Secretary of State may subsequently determine otherwise. These measures are independent of and in addition to any other sanctions imposed on such entities and/or individuals by other federal agencies under separate legal authorities. Choo S. Kang, Assistant Secretary for International Security and Nonproliferation, Department of State. [FR Doc. 2022–22347 Filed 10–13–22; 8:45 am] BILLING CODE 4710–25–P SURFACE TRANSPORTATION BOARD Release of Waybill Data The Surface Transportation Board has received a request from the Hagerstown/ Eastern Panhandle Metropolitan Planning Organization (WB22–54—10/ 4/22) for permission to use data from the Board’s 2019 masked Carload Waybill Sample. A copy of this request may be obtained from the Board’s website under docket no. WB22–54. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Alexander Dusenberry, (202) 245–0319. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2022–22315 Filed 10–13–22; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Conforming Amendments: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative (USTR). ACTION: Notice. AGENCY: The U.S. International Trade Commission (USITC) has implemented certain changes to the Harmonized Tariff Schedule of the United States (HTSUS) to reflect Harmonized System modifications adopted by the World Customs Organization and changes to statistical categories. This notice announces conforming amendments to legal note provisions in the HTSUS associated with the actions in the SUMMARY: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 62485 section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. DATES: The conforming amendments announced in Annex I to this notice are applicable as of October 14, 2022. The conforming amendments announced in Annex II to this notice apply as of July 1, 2022. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, contact Associate General Counsel Philip Butler, Assistant General Counsel Rachel Hasandras, or Assistant General Counsel David Salkeld 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 The U.S. Trade Representative has taken actions under section 301 of the Trade Act of 1974, as amended, in the form of additional duties on products of China in the investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The China 301 actions are set out in notes to the HTSUS. See, e.g., 87 FR 26797 (section A—summarizing the trade actions and modifications). In Presidential Proclamation 10326 of December 23, 2021, the President directed the USITC to implement certain changes in tariff subheadings of the HTSUS, consistent with Harmonized System amendments adopted by the World Customs Organization. The changes were effective January 27, 2022. Additionally, the USITC implemented changes to certain ten-digit statistical categories approved by the Committee for Statistical Annotation of Tariff Schedules (formulated pursuant to section 484(f) of the Tariff Act of 1930, as amended (19 U.S.C. 1484(f)), effective July 1, 2022. B. Conforming Amendments To maintain the pre-existing product coverage of the China 301 actions, conforming amendments to the corresponding note provisions in the HTSUS are required. Annex I to this notice makes conforming amendments to a U.S. note in ch. 99 of the HTSUS in light of the changes in tariff subheadings made by the USITC in accordance with Presidential Proclamation 10326. In particular, this notice makes conforming amendments to U.S. note 20 E:\FR\FM\14OCN1.SGM 14OCN1 62486 Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Notices subdivisions (b), (f), and (s)(i) to subchapter III of chapter 99 of the HTSUS, as set out in the Annexes to the notices published at 85 FR 85831 (December 29, 2020), 86 FR 13785 (March 10, 2021), and 86 FR 63438 (November 16, 2021) in the above-titled investigation under section 301. The conforming amendments are applicable as of October 14, 2022. Annex II to this notice makes conforming amendments to accommodate recent changes to the HTSUS made pursuant to 19 U.S.C. 1484(f). In particular, the conforming amendments affect U.S. note 20 subdivisions (sss)(iii)(6) and (8); and U.S. note 20 subdivisions (ttt)(iii)(9), (11), (179), and (180), as set out in the Annexes to the notices published at 86 FR 63438 (November 16, 2021), 87 FR 33871 (June 3, 2022), and 87 FR 17380 (March 28, 2022). Like all exclusions under the Section 301 investigation, these conforming amendments apply to entries of goods that are not liquidated or to entries that are liquidated, but not final. C. Confirmation of CBP Instructions Cargo Systems Messaging Service (CSMS) No. 51166038 (sent Feb. 28, 2022) (https://content.govdelivery.com/ accounts/USDHSCBP/bulletins/ 30cbb56), addressed duty treatment for HTSUS subheading 2202.99.91 as provided for under HTSUS 9903.88.03, effective January 27, 2022, in light of changes to the HTSUS made by the USITC in accordance with Presidential Proclamation 10326. This notice confirms the U.S. Customs and Border Protection instructions as maintaining the pre-existing product coverage of the 301 actions. jspears on DSK121TN23PROD with NOTICES Annex I 1. 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 October 14, 2022, note 20(b) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is amended by deleting ‘‘8541.40.95’’. 2. Effective on October 14, 2022, note 20(f) to subchapter III of chapter 99 of the HTSUS is amended: a. by inserting ‘‘2202.99.91’’ in numerical sequence; and b. by deleting the following subheading numbers: ‘‘3402.11.40 5703.20.10 7019.39.50 7019.59.30 7019.59.40 7019.59.70 7019.59.90 7419.99.50 9013.90.50’’. VerDate Sep<11>2014 17:22 Oct 13, 2022 Jkt 259001 3. Effective on October 14, 2022, note 20(s)(i) to subchapter III of chapter 99 of the HTSUS is amended: a. by inserting ‘‘1704.90.78’’ in numerical sequence; and b. by deleting ‘‘6201.11.00’’. Annex II 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 July 1, 2022: 1. Note 20(sss)(iii)(6) to subchapter III of chapter 99 of the HTSUS is modified by deleting ‘‘5603.12.0090’’ and by inserting ‘‘5603.12.0090 prior to July 1, 2022; 5603.12.0070 or 5603.12.0095 effective July 1, 2022’’ in lieu thereof. 2. Note 20(sss)(iii)(8) to subchapter III of chapter 99 of the HTSUS is modified by deleting ‘‘5603.92.0090’’ and by inserting ‘‘5603.92.0090 prior to July 1, 2022; 5603.92.0070 or 5603.92.0095 effective July 1, 2022’’ in lieu thereof. 3. Note 20(ttt)(iii)(9) to subchapter III of chapter 99 of the HTSUS is modified by deleting ‘‘5603.12.0090’’ and by inserting ‘‘5603.12.0090 prior to July 1, 2022; 5603.12.0070 or 5603.12.0095 effective July 1, 2022’’ in lieu thereof. 4. Note 20(ttt)(iii)(11) to subchapter III of chapter 99 of the HTSUS is modified by deleting ‘‘5603.92.0090’’ and by inserting ‘‘5603.92.0090 prior to July 1, 2022; 5603.92.0070 or 5603.92.0095 effective July 1, 2022’’ in lieu thereof. 5. Note 20(ttt)(iii)(179) to subchapter III of chapter 99 of the HTSUS is modified by deleting ‘‘9403.20.0081’’ and by inserting ‘‘9403.20.0081 prior to July 1, 2022; described in statistical reporting number 9403.20.0082 effective July 1, 2022’’ in lieu thereof. 6. Note 20(ttt)(iii)(180) to subchapter III of chapter 99 of the HTSUS is modified by deleting ‘‘9403.20.0081 effective July 1, 2019’’ and by inserting ‘‘9403.20.0081 effective July 1, 2019 through June 30, 2022; described in statistical reporting number 9403.20.0082 effective July 1, 2022’’ in lieu thereof.’’ Greta Peisch, General Counsel, Office of the United States Trade Representative. [FR Doc. 2022–22354 Filed 10–13–22; 8:45 am] BILLING CODE 3390–F3–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Technical Amendments to Two Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative (USTR). ACTION: Notice. AGENCY: This notice announces the U.S. Trade Representative’s determination to make two technical SUMMARY: PO 00000 Frm 00128 Fmt 4703 Sfmt 9990 amendments to certain previously reinstated exclusions associated with the section 301 investigation of China Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The technical amendments announced in the Annex to this notice apply as of October 12, 2021, and extend through December 31, 2022. DATES: For general questions about this notice, contact Associate General Counsel Philip Butler, Assistant General Counsel Rachel Hasandras, or Assistant General Counsel David Salkeld 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. FOR FURTHER INFORMATION CONTACT: The Annex to this notice makes technical amendments to U.S. note subdivisions 20(ttt)(iii)(50) and (ttt)(iii)(51) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS), as set out in the Annex of the notice published at 87 FR 17380 (March 28, 2022), to correct the descriptions of the articles covered by the exclusions. Like all exclusions under this Section 301 investigation, these technical amendments apply to entries of goods that are not liquidated or to entries that are liquidated, but not final. SUPPLEMENTARY INFORMATION: Annex 1. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on October 12, 2021, and through December 31, 2022, note 20(ttt)(iii)(50) to subchapter III of chapter 99 of the HTSUS is modified by deleting ‘‘each measuring not more than 98 cm by 52 cm by 17 cm,’’. 2. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on October 12, 2021, and through December 31, 2022, note 20(ttt)(iii)(51) to subchapter III of chapter 99 of the HTSUS is modified by deleting ‘‘each measuring not more than 81 cm by 39 cm by 11 cm,’’. Greta Peisch, General Counsel, Office of the United States Trade Representative. [FR Doc. 2022–22355 Filed 10–13–22; 8:45 am] BILLING CODE 3390–F3–P E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62485-62486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22354]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Conforming Amendments: 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.

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

SUMMARY: The U.S. International Trade Commission (USITC) has 
implemented certain changes to the Harmonized Tariff Schedule of the 
United States (HTSUS) to reflect Harmonized System modifications 
adopted by the World Customs Organization and changes to statistical 
categories. This notice announces conforming amendments to legal note 
provisions in the HTSUS associated with the actions in the section 301 
investigation of China's Acts, Policies, and Practices Related to 
Technology Transfer, Intellectual Property, and Innovation.

DATES: The conforming amendments announced in Annex I to this notice 
are applicable as of October 14, 2022. The conforming amendments 
announced in Annex II to this notice apply as of July 1, 2022.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Associate General Counsel Philip Butler, Assistant 
General Counsel Rachel Hasandras, or Assistant General Counsel David 
Salkeld 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

    The U.S. Trade Representative has taken actions under section 301 
of the Trade Act of 1974, as amended, in the form of additional duties 
on products of China in the investigation of China's Acts, Policies, 
and Practices Related to Technology Transfer, Intellectual Property, 
and Innovation. The China 301 actions are set out in notes to the 
HTSUS. See, e.g., 87 FR 26797 (section A--summarizing the trade actions 
and modifications).
    In Presidential Proclamation 10326 of December 23, 2021, the 
President directed the USITC to implement certain changes in tariff 
subheadings of the HTSUS, consistent with Harmonized System amendments 
adopted by the World Customs Organization. The changes were effective 
January 27, 2022. Additionally, the USITC implemented changes to 
certain ten-digit statistical categories approved by the Committee for 
Statistical Annotation of Tariff Schedules (formulated pursuant to 
section 484(f) of the Tariff Act of 1930, as amended (19 U.S.C. 
1484(f)), effective July 1, 2022.

B. Conforming Amendments

    To maintain the pre-existing product coverage of the China 301 
actions, conforming amendments to the corresponding note provisions in 
the HTSUS are required.
    Annex I to this notice makes conforming amendments to a U.S. note 
in ch. 99 of the HTSUS in light of the changes in tariff subheadings 
made by the USITC in accordance with Presidential Proclamation 10326. 
In particular, this notice makes conforming amendments to U.S. note 20

[[Page 62486]]

subdivisions (b), (f), and (s)(i) to subchapter III of chapter 99 of 
the HTSUS, as set out in the Annexes to the notices published at 85 FR 
85831 (December 29, 2020), 86 FR 13785 (March 10, 2021), and 86 FR 
63438 (November 16, 2021) in the above-titled investigation under 
section 301. The conforming amendments are applicable as of October 14, 
2022.
    Annex II to this notice makes conforming amendments to accommodate 
recent changes to the HTSUS made pursuant to 19 U.S.C. 1484(f). In 
particular, the conforming amendments affect U.S. note 20 subdivisions 
(sss)(iii)(6) and (8); and U.S. note 20 subdivisions (ttt)(iii)(9), 
(11), (179), and (180), as set out in the Annexes to the notices 
published at 86 FR 63438 (November 16, 2021), 87 FR 33871 (June 3, 
2022), and 87 FR 17380 (March 28, 2022). Like all exclusions under the 
Section 301 investigation, these conforming amendments apply to entries 
of goods that are not liquidated or to entries that are liquidated, but 
not final.

C. Confirmation of CBP Instructions

    Cargo Systems Messaging Service (CSMS) No. 51166038 (sent Feb. 28, 
2022) (https://content.govdelivery.com/accounts/USDHSCBP/bulletins/30cbb56), addressed duty treatment for HTSUS subheading 2202.99.91 as 
provided for under HTSUS 9903.88.03, effective January 27, 2022, in 
light of changes to the HTSUS made by the USITC in accordance with 
Presidential Proclamation 10326. This notice confirms the U.S. Customs 
and Border Protection instructions as maintaining the pre-existing 
product coverage of the 301 actions.

Annex I

    1. 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 October 14, 2022, note 20(b) to subchapter 
III of chapter 99 of the Harmonized Tariff Schedule of the United 
States (HTSUS) is amended by deleting ``8541.40.95''.
    2. Effective on October 14, 2022, note 20(f) to subchapter III 
of chapter 99 of the HTSUS is amended:
    a. by inserting ``2202.99.91'' in numerical sequence; and
    b. by deleting the following subheading numbers:

``3402.11.40
5703.20.10
7019.39.50
7019.59.30
7019.59.40
7019.59.70
7019.59.90
7419.99.50
9013.90.50''.

    3. Effective on October 14, 2022, note 20(s)(i) to subchapter 
III of chapter 99 of the HTSUS is amended:
    a. by inserting ``1704.90.78'' in numerical sequence; and
    b. by deleting ``6201.11.00''.

Annex II

    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 July 1, 2022:
    1. Note 20(sss)(iii)(6) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``5603.12.0090'' and by inserting 
``5603.12.0090 prior to July 1, 2022; 5603.12.0070 or 5603.12.0095 
effective July 1, 2022'' in lieu thereof.
    2. Note 20(sss)(iii)(8) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``5603.92.0090'' and by inserting 
``5603.92.0090 prior to July 1, 2022; 5603.92.0070 or 5603.92.0095 
effective July 1, 2022'' in lieu thereof.
    3. Note 20(ttt)(iii)(9) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``5603.12.0090'' and by inserting 
``5603.12.0090 prior to July 1, 2022; 5603.12.0070 or 5603.12.0095 
effective July 1, 2022'' in lieu thereof.
    4. Note 20(ttt)(iii)(11) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``5603.92.0090'' and by inserting 
``5603.92.0090 prior to July 1, 2022; 5603.92.0070 or 5603.92.0095 
effective July 1, 2022'' in lieu thereof.
    5. Note 20(ttt)(iii)(179) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``9403.20.0081'' and by inserting 
``9403.20.0081 prior to July 1, 2022; described in statistical 
reporting number 9403.20.0082 effective July 1, 2022'' in lieu 
thereof.
    6. Note 20(ttt)(iii)(180) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``9403.20.0081 effective July 1, 
2019'' and by inserting ``9403.20.0081 effective July 1, 2019 
through June 30, 2022; described in statistical reporting number 
9403.20.0082 effective July 1, 2022'' in lieu thereof.''

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-22354 Filed 10-13-22; 8:45 am]
BILLING CODE 3390-F3-P
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