Interim Extension and Request for Comments on COVID-Related Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 8027-8028 [2023-02570]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices rail service may file pleadings before the Board to acquire or subsidize a rail line for continued service, or to impose a trail use or public use condition. When a line is proposed for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board: an offer of financial assistance (OFA) to subsidize or purchase a rail line for which a railroad is seeking abandonment (49 U.S.C. 10904), including a request for the Board to set terms and conditions of the financial assistance; a request for a public use condition (§ 10905); or a trail use request (16 U.S.C. 1247(d)). Similarly, when a line is placed on a system diagram map identifying it as an anticipated or potential candidate for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board a feeder line application to purchase the identified rail line (§ 10907). Additionally, the railroad owning the rail line subject to abandonment must, in some circumstances, provide information to the applicant or offeror. As to trail use, the STB will issue a CITU or NITU to a prospective trail sponsor who seeks an interim trail use agreement with the rail carrier of the rail line that is being abandoned. The CITU/ NITU permits parties to negotiate for an interim trail use agreement. The parties may also agree to an extension of the negotiating period. If parties reach an agreement, then they must jointly notify the Board of that fact and of any modification or vacancy of the agreement. There is a one-year period for any initial interim trail use negotiating period (with potential extensions). The Board makes this submission because, under the PRA, a federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under 44 U.S.C. 3506(c)(2)(A), federal agencies are required to provide, prior to an agency’s submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. VerDate Sep<11>2014 18:52 Feb 06, 2023 Jkt 259001 Dated: February 2, 2023. Raina White, Clearance Clerk. [FR Doc. 2023–02569 Filed 2–6–23; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2023–0001] Interim Extension and Request for Comments on COVID-Related Product 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 and request for comments. AGENCY: In prior notices, the U.S. Trade Representative modified the actions in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding from additional duties certain medical-care products needed to address COVID, and subsequently extended certain of these exclusions. The current COVID exclusions— covering 81 medical-care products—are scheduled to expire on February 28, 2023. In light of developments in the production capacity of the United States, and continuing efforts to combat COVID, USTR is requesting public comments on whether to further extend particular exclusions. This notice also announces the U.S. Trade Representative’s determination to adopt an interim, 75-day extension of the 81 COVID related product exclusions to allow for consideration of public comments. SUMMARY: DATES: February 6, 2023: The public docket on the web portal at https:// comments.USTR.gov will open for interested persons to submit comments. March 7, 2023 at 11:59 p.m. ET: To be assured of consideration, submit written comments on the public docket by this time. The interim extension announced in this notice will extend the COVIDrelated product exclusions through May 15, 2023. ADDRESSES: You must submit all comments through the online portal: https://comments.ustr.gov/. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, contact Associate General Counsel PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 8027 Philip Butler or Assistant General Counsel Edward Marcus at (202) 395– 5725. For specific questions on customs classification or implementation of the product exclusions, contact traderemedy@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: A. Background In the course of this investigation, the U.S. Trade Representative has 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). For each tranche, the U.S. Trade Representative established a process by which interested persons could request the exclusion of particular products from the additional duties. On March 25, 2020, USTR requested public comments on proposed modifications to exclude from additional duties certain medical-care products related to the U.S. response to COVID. 85 FR 16987 (March 25, 2020). On December 29, 2020, USTR announced 99 product exclusions for medical-care products and products related to the U.S. COVID response. The December 29 notice further provided that the U.S. Trade Representative might consider further extensions and/or modifications as appropriate. See 85 FR 85831. These 99 exclusions were later extended until September 30, 2021. 86 FR 13785. On August 27, 2021, USTR published a notice requesting public comments on whether any of these exclusions should be further extended for up to six months. 86 FR 48280. To provide time for USTR to review the comments it received in response to the August 27 notice, the 99 exclusions were subsequently extended. See 86 FR 54011 (September 29, 2021). On November 16, 2021, USTR announced the U.S. Trade Representative’s determination to extend of 81 of the COVID exclusions for an additional six months (until May 31, 2022). See 86 FR 63438 (November 16, 2021) (November 16, 2021 notice). The notice further provided that the U.S. Trade Representative might consider further extensions and/or modifications as appropriate. 86 FR 63438. These 81 exclusions were subsequently extended through February 28, 2023. See 87 FR 33871 (June 03, 2022); 87 FR 73383 (November 29, 2022). E:\FR\FM\07FEN1.SGM 07FEN1 8028 Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices B. Request for Public Comments Subsequent to USTR’s prior request for public comments regarding the extension of the COVID exclusions in August 2021, the rates of infection of COVID in the United States continue to fluctuate. Domestic production of certain products covered by these exclusions also has increased. In light of these circumstances, USTR is requesting public comment on whether to extend particular exclusions for COVID products for up to six months. USTR will evaluate each exclusion on a case-by-case basis. The evaluation will examine whether it remains appropriate to exclude certain products from the additional Section 301 duties in light of the changing circumstances, including the spread of variants or subvariants and the increased domestic production and availability of certain products, and taking account of the overall impact of these exclusions on the goals of this Section 301 investigation. ddrumheller on DSK120RN23PROD with NOTICES C. Procedures To Comment on Particular COVID Exclusions The 81 COVID exclusions can be found in annex B of the November 16, 2021 notice, as well as in U.S. notes 20(sss)(i), 20(sss)(ii), 20(sss)(iii), and 20(sss)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). As noted above, the public docket on the portal will be open from February 6, 2023 to March 7, 2023. Fields on the comment form marked with an asterisk (*) are required fields. Fields with gray (BCI) notation are for business confidential information, which will not be publicly available. Fields with a green (Public) notation will be publicly available. Additionally, interested person will be able to upload documents to supplement their comments. Commenters will be able to review the public version of their comments before they are posted. Set out below is a summary of the information to be entered on the exclusion comment form. • Contact information, including the full legal name of the organization making the comment, whether the commenter is a third party (e.g., law firm, trade association, or customs broker) submitting on behalf of an organization or industry, and the name of the third party organization, if applicable. • The exclusion from annex B of the November 16, 2021 notice covered by the comment. • Whether you support or oppose extending the exclusion beyond May 15, 2023. VerDate Sep<11>2014 18:52 Feb 06, 2023 Jkt 259001 • Rationale for supporting or opposing an extension. • The availability of products covered by the exclusion from sources in the United States or third countries. • Whether extending or not extending the exclusion will impact the domestic supply of products covered by the exclusion, including the price and availability of the products. D. Submission Instructions To be assured of consideration, you must submit your comment when the public docket on the portal is open— from February 6, 2023 to March 7, 2023. Interested persons seeking to comment on two or more exclusions must submit a separate comment for each exclusion. By submitting a comment, the commenter certifies that the information provided is complete and correct to the best of their knowledge. E. Determination To Extend COVID Exclusions To provide time for a consideration of the comments received in response to this Notice, and, pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of 1974, as amended, the U.S. Trade Representative has determined to adopt an interim extension of the 81 COVID exclusions through May 15, 2023. The U.S. Trade Representative’s determination considers public comments previously submitted, advice of advisory committees, advice of the interagency Section 301 Committee, and the advice of the White House COVID– 19 Response Team. As provided in the November 16, 2021 notice, the exclusions extensions are available for any product that meets the description in the product exclusion. Further, the scope of each exclusion and modification is governed by the scope of the ten-digit HTSUS subheadings and product descriptions in annex B of the November 16, 2021 notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. The U.S. Trade Representative may continue to consider further extensions and/or additional modifications as appropriate. Annex The U.S. Trade Representative has determined to extend all exclusions previously extended under heading 9903.88.66 and U.S. notes 20(sss)(i), 20(sss)(ii), 20(sss)(iii), and 20(sss)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). See 87 FR 73383 (November 29, 2022). The extension is effective with respect to PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on March 1, 2023, and before 11:59 p.m. eastern daylight time on May 15, 2023. Effective on March 1, 2023, the article description of heading 9903.88.66 of the HTSUS is modified by deleting ‘‘February 28, 2023’’ and by inserting ‘‘May 15, 2023’’ in lieu thereof. Greta Peisch, General Counsel, Office of the United States Trade Representative. [FR Doc. 2023–02570 Filed 2–6–23; 8:45 am] BILLING CODE 3390–F3–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2023–01] Petition for Exemption; Summary of Petition Received; The Boeing Company Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number and must be received on or before February 27, 2023. ADDRESSES: Send comments identified by docket number FAA–2022–1397 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUMMARY: E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 8027-8028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02570]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2023-0001]


Interim Extension and Request for Comments on COVID-Related 
Product Exclusions: 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 
actions in the Section 301 investigation of China's acts, policies, and 
practices related to technology transfer, intellectual property, and 
innovation by excluding from additional duties certain medical-care 
products needed to address COVID, and subsequently extended certain of 
these exclusions. The current COVID exclusions--covering 81 medical-
care products--are scheduled to expire on February 28, 2023. In light 
of developments in the production capacity of the United States, and 
continuing efforts to combat COVID, USTR is requesting public comments 
on whether to further extend particular exclusions. This notice also 
announces the U.S. Trade Representative's determination to adopt an 
interim, 75-day extension of the 81 COVID related product exclusions to 
allow for consideration of public comments.

DATES: 
    February 6, 2023: The public docket on the web portal at https://comments.USTR.gov will open for interested persons to submit comments.
    March 7, 2023 at 11:59 p.m. ET: To be assured of consideration, 
submit written comments on the public docket by this time.
    The interim extension announced in this notice will extend the 
COVID-related product exclusions through May 15, 2023.

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

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Associate General Counsel Philip Butler or Assistant 
General Counsel Edward Marcus at (202) 395-5725. For specific questions 
on customs classification or implementation of the product exclusions, 
contact [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    In the course of this investigation, the U.S. Trade Representative 
has 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).
    For each tranche, the U.S. Trade Representative established a 
process by which interested persons could request the exclusion of 
particular products from the additional duties.
    On March 25, 2020, USTR requested public comments on proposed 
modifications to exclude from additional duties certain medical-care 
products related to the U.S. response to COVID. 85 FR 16987 (March 25, 
2020).
    On December 29, 2020, USTR announced 99 product exclusions for 
medical-care products and products related to the U.S. COVID response. 
The December 29 notice further provided that the U.S. Trade 
Representative might consider further extensions and/or modifications 
as appropriate. See 85 FR 85831.
    These 99 exclusions were later extended until September 30, 2021. 
86 FR 13785. On August 27, 2021, USTR published a notice requesting 
public comments on whether any of these exclusions should be further 
extended for up to six months. 86 FR 48280. To provide time for USTR to 
review the comments it received in response to the August 27 notice, 
the 99 exclusions were subsequently extended. See 86 FR 54011 
(September 29, 2021).
    On November 16, 2021, USTR announced the U.S. Trade 
Representative's determination to extend of 81 of the COVID exclusions 
for an additional six months (until May 31, 2022). See 86 FR 63438 
(November 16, 2021) (November 16, 2021 notice). The notice further 
provided that the U.S. Trade Representative might consider further 
extensions and/or modifications as appropriate. 86 FR 63438. These 81 
exclusions were subsequently extended through February 28, 2023. See 87 
FR 33871 (June 03, 2022); 87 FR 73383 (November 29, 2022).

[[Page 8028]]

B. Request for Public Comments

    Subsequent to USTR's prior request for public comments regarding 
the extension of the COVID exclusions in August 2021, the rates of 
infection of COVID in the United States continue to fluctuate. Domestic 
production of certain products covered by these exclusions also has 
increased. In light of these circumstances, USTR is requesting public 
comment on whether to extend particular exclusions for COVID products 
for up to six months.
    USTR will evaluate each exclusion on a case-by-case basis. The 
evaluation will examine whether it remains appropriate to exclude 
certain products from the additional Section 301 duties in light of the 
changing circumstances, including the spread of variants or subvariants 
and the increased domestic production and availability of certain 
products, and taking account of the overall impact of these exclusions 
on the goals of this Section 301 investigation.

C. Procedures To Comment on Particular COVID Exclusions

    The 81 COVID exclusions can be found in annex B of the November 16, 
2021 notice, as well as in U.S. notes 20(sss)(i), 20(sss)(ii), 
20(sss)(iii), and 20(sss)(iv) to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States (HTSUS). As noted 
above, the public docket on the portal will be open from February 6, 
2023 to March 7, 2023. Fields on the comment form marked with an 
asterisk (*) are required fields. Fields with gray (BCI) notation are 
for business confidential information, which will not be publicly 
available. Fields with a green (Public) notation will be publicly 
available. Additionally, interested person will be able to upload 
documents to supplement their comments. Commenters will be able to 
review the public version of their comments before they are posted.
    Set out below is a summary of the information to be entered on the 
exclusion comment form.
     Contact information, including the full legal name of the 
organization making the comment, whether the commenter is a third party 
(e.g., law firm, trade association, or customs broker) submitting on 
behalf of an organization or industry, and the name of the third party 
organization, if applicable.
     The exclusion from annex B of the November 16, 2021 notice 
covered by the comment.
     Whether you support or oppose extending the exclusion 
beyond May 15, 2023.
     Rationale for supporting or opposing an extension.
     The availability of products covered by the exclusion from 
sources in the United States or third countries.
     Whether extending or not extending the exclusion will 
impact the domestic supply of products covered by the exclusion, 
including the price and availability of the products.

D. Submission Instructions

    To be assured of consideration, you must submit your comment when 
the public docket on the portal is open--from February 6, 2023 to March 
7, 2023. Interested persons seeking to comment on two or more 
exclusions must submit a separate comment for each exclusion. By 
submitting a comment, the commenter certifies that the information 
provided is complete and correct to the best of their knowledge.

E. Determination To Extend COVID Exclusions

    To provide time for a consideration of the comments received in 
response to this Notice, and, pursuant to sections 301(b), 301(c), and 
307(a) of the Trade Act of 1974, as amended, the U.S. Trade 
Representative has determined to adopt an interim extension of the 81 
COVID exclusions through May 15, 2023. The U.S. Trade Representative's 
determination considers public comments previously submitted, advice of 
advisory committees, advice of the interagency Section 301 Committee, 
and the advice of the White House COVID-19 Response Team. As provided 
in the November 16, 2021 notice, the exclusions extensions are 
available for any product that meets the description in the product 
exclusion. Further, the scope of each exclusion and modification is 
governed by the scope of the ten-digit HTSUS subheadings and product 
descriptions in annex B of the November 16, 2021 notice. U.S. Customs 
and Border Protection will issue instructions on entry guidance and 
implementation.
    The U.S. Trade Representative may continue to consider further 
extensions and/or additional modifications as appropriate.

Annex

    The U.S. Trade Representative has determined to extend all 
exclusions previously extended under heading 9903.88.66 and U.S. notes 
20(sss)(i), 20(sss)(ii), 20(sss)(iii), and 20(sss)(iv) to subchapter 
III of chapter 99 of the Harmonized Tariff Schedule of the United 
States (HTSUS). See 87 FR 73383 (November 29, 2022). The extension is 
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 March 1, 2023, and before 11:59 p.m. eastern daylight time on 
May 15, 2023. Effective on March 1, 2023, the article description of 
heading 9903.88.66 of the HTSUS is modified by deleting ``February 28, 
2023'' and by inserting ``May 15, 2023'' in lieu thereof.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2023-02570 Filed 2-6-23; 8:45 am]
BILLING CODE 3390-F3-P
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