Notice of Extension for Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 62423-62424 [2023-19494]

Download as PDF Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices VI. Public Viewing of Review Submissions USTR will post written submissions in the docket for public inspection, except properly designated BCI. You can view comments on Regulations.gov by entering Docket Number USTR– 2023–0010 in the search field on the home page. Laura Buffo, Chair of the Trade Policy Staff Committee, Office of the United States Trade Representative. BILLING CODE 3390–F3–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Extension for 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. 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 products of China, including medicalcare products needed to address COVID. In December 2022, the U.S. Trade Representative determined to extend 352 previously reinstated exclusions through September 30, 2023 and in May 2023 determined to extend 77 COVIDrelated exclusions through September 30, 2023. This notice announces the U.S. Trade Representative’s determination to further extend the 352 reinstated exclusions and 77 COVIDrelated exclusions until December 31, 2023. DATES: The extensions in this notice extend the 352 reinstated exclusions and 77 COVID-related exclusions through December 31, 2023. 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 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: ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:10 Sep 08, 2023 Jkt 259001 A. Background COVID-Related Exclusions 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). 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. These 99 exclusions were later extended until September 30, 2021. See 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. See 86 FR 48280. On November 16, 2021, USTR announced the U.S. Trade Representative’s determination to extend 81 of these exclusions for an additional six months. See 86 FR 63438 (November 16, 2021). These 81 exclusions were subsequently extended through February 28, 2023. See 87 FR 33871 (June 03, 2022); 87 FR 73383 (November 29, 2022). On February 7, 2023, USTR published a notice requesting public comments on whether to further extend any of the COVID-related exclusions for up to six months. See 87 FR 8027 (February 7, 2023). On May 17, 2023, based on evaluation of the public comments, the factors set out in the February 7 notice, and to allow the U.S. Trade Representative to consider and align, as appropriate, the exclusions with the results of the statutory 4-year review, the U.S. Trade Representative determined to extend 77 of the COVID-related exclusions through September 30, 2023. See 88 FR 31580 (May 17, 2023). Reinstated Exclusions [FR Doc. 2023–19521 Filed 9–8–23; 8:45 am] 62423 For each tranche of additional duties, the U.S. Trade Representative established a process by which U.S. stakeholders could request the exclusion of particular products subject to the action. 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 549 exclusions. With the exception of certain exclusions related to the U.S. response to COVID, all of these 549 exclusions expired. On October 8, 2021, the U.S. Trade Representative invited the public to submit comments on whether to reinstate certain exclusions previously granted and extended. 86 FR 56345 (October 8, 2021) (the October 8 notice). On March 28, 2022, the U.S. Trade Representative determined to further modify the action by reinstating 352 of the 549 expired exclusions. The reinstated exclusions applied as of October 12, 2021, and extended through December 31, 2022. See 87 FR 17380 (March 28, 2022). In accordance with section 307(c)(3) of the Trade Act of 1974, on September 8, 2022, USTR announced that it would be conducting a review of the July 6, 2018 and August 23, 2018 actions, as modified. See 87 FR 26797 (May 5, 2022); 87 FR 55073 (September 8, 2022). On December 21, 2022, based on continued consideration of the factors and criteria set forth in the October 8 notice, and in light of the ongoing statutory four-year review, the U.S. Trade Representative determined to extend the 352 reinstated exclusions through September 30, 2023 to allow the U.S. Trade Representative to consider and align, as appropriate, the reinstated exclusions with the results of the statutory four-year review. See 87 FR 78187 (December 21, 2022) (December 21 notice). PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 B. Determination To Further Extend Reinstated and COVID-Related Exclusions To provide a transition period for the expiring exclusions and to allow for further consideration under the fouryear review, 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 that it is appropriate to further extend the 352 reinstated exclusions and the 77 COVIDrelated exclusions, as set out in the Annex A and Annex B to this notice, until December 31, 2023. The exclusion 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 Harmonized Tariff Schedule of the United States (HTSUS) E:\FR\FM\11SEN1.SGM 11SEN1 62424 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices subheadings and product descriptions in the Annexes A and B to this notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. Annex for Reinstated Exclusions Annex A Annex for COVID-Related Exclusions Annex B The U.S. Trade Representative has determined to extend all exclusions previously extended under heading 9903.88.68 and U.S. notes 20(uuu)(i), 20(uuu)(ii), 20(uuu)(iii), and 20(uuu)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). See 88 FR 31580 (May 17, 2023). 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 daylight time on October 1, 2023, and before 11:59 p.m. eastern standard time on December 31, 2023. Effective on October 1, 2023, the article description of heading 9903.88.68 of the HTSUS is modified by deleting ‘‘October 1, 2023,’’ and by inserting ‘‘January 1, 2024,’’ in lieu thereof. ddrumheller on DSK120RN23PROD with NOTICES1 Federal Aviation Administration Notice of Opportunity for Public Comment on Surplus Property Release at the Wetumpka Municipal Airport, Wetumpka, Alabama Federal Aviation Administration, DOT. ACTION: Notice of intent to rule on land release request. AGENCY: The U.S. Trade Representative has determined to extend all exclusions previously extended under heading 9903.88.67 and U.S. notes 20(ttt)(i), 20(ttt)(ii), 20(ttt)(iii), and 20(ttt)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). See 87 FR 78187 (December 21, 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 daylight time on October 1, 2023, and before 11:59 p.m. eastern standard time on December 31, 2023. Effective on October 1, 2023, the article description of heading 9903.88.67 of the HTSUS is modified by deleting ‘‘September 30, 2023,’’ and by inserting ‘‘December 31, 2023,’’ in lieu thereof. Greta Peisch, General Counsel, Office of the United States Trade Representative. [FR Doc. 2023–19494 Filed 9–8–23; 8:45 am] BILLING CODE 3390–F3–P VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION 17:10 Sep 08, 2023 Jkt 259001 The FAA is considering a request from the City of Wetumpka, Alabama to waive the requirement that 16.07± acres of airport property located at the Wetumpka Municipal Airport in Wetumpka, Alabama, be used for aeronautical purposes. DATES: Comments must be received on or before October 11, 2023. ADDRESSES: Comments on this notice may be mailed or delivered in triplicate to the FAA to the following address: Jackson Airports District Office Attn: Brian Hendry, Community Planner, Jackson Airports District Office 100 West Cross Street, Suite B Jackson, MS 39208–2307. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Wetumpka Municipal Airport, Attn: Ms. Lynn Weldon, Airport Manager, City of Wetumpka, Post Office Box 1180, Wetumpka, AL 36092. FOR FURTHER INFORMATION CONTACT: Brian Hendry, Community Planner, Jackson Airports District Office, 100 West Cross Street, Suite B, Jackson, MS 39208–2307, (601) 664–9897. The land release request may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: The FAA is reviewing a request by the City of Wetumpka to release approximately 16.07± acres of airport property at Wetumpka Municipal Airport (08A) under the provisions of title 49, U.S.C. 47153(c). The FAA determined that the request to release property at Wetumpka Municipal Airport (08A) submitted by the Sponsor meets the procedural requirements of the Federal Aviation Administration and the release of the property does not and will not impact future aviation needs at the airport. The FAA may approve the request, in whole or in part, no sooner than thirty days after the publication of this notice. The property will be purchased by Alabama Department of Transportation (ALDOT) which is purchasing the land for Right of Way (ROW) as related to a Highway 14 road widening project. The property is located on the northwest quadrant of airport property adjacent to Highway 14. SUMMARY: PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 In accordance with 49 U.S.C. 47107(c)(2)(B)(i), the airport will receive fair market value for the property, and the net proceeds from the sale of this property will be used for maintenance and improvements at the Wetumpka Municipal Airport. Any person may inspect the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon request, inspect the request, notice and other documents germane to the request in person at the Wetumpka Municipal Airport (08A). Issued in Jackson, Mississippi, on September 5, 2023. Rans D. Black, Manager, Jackson Airports District Office Southern Region. [FR Doc. 2023–19465 Filed 9–8–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0352] Commercial Driver’s License Standards: Recreation Vehicle Industry Association Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final exemption; renewal of exemption. AGENCY: FMCSA announces its final decision to renew the Recreation Vehicle Industry Association’s (RVIA) exemption from the Federal commercial driver’s license (CDL) requirements for drivers who deliver certain newly manufactured motorhomes and recreational vehicles (RVs) to dealers or trade shows before retail sale (driveaway operations), subject to revised terms and conditions. FMCSA announced its decision to provisionally renew RVIA’s exemption on May 19, 2022, pending a review of any comments received in response to that notice. Four comments were submitted to the docket and are discussed later in this notice. The Agency believes that drivers who qualify for the exemption will maintain a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the CDL requirements. DATES: This renewed exemption was effective April 6, 2022, and expires on April 6, 2027. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and Carrier SUMMARY: E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62423-62424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19494]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Extension for 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.

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

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 products of 
China, including medical-care products needed to address COVID. In 
December 2022, the U.S. Trade Representative determined to extend 352 
previously reinstated exclusions through September 30, 2023 and in May 
2023 determined to extend 77 COVID-related exclusions through September 
30, 2023. This notice announces the U.S. Trade Representative's 
determination to further extend the 352 reinstated exclusions and 77 
COVID-related exclusions until December 31, 2023.

DATES: The extensions in this notice extend the 352 reinstated 
exclusions and 77 COVID-related exclusions through December 31, 2023. 
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 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).

Reinstated Exclusions

    For each tranche of additional duties, the U.S. Trade 
Representative established a process by which U.S. stakeholders could 
request the exclusion of particular products subject to the action. 
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 549 exclusions. With the exception 
of certain exclusions related to the U.S. response to COVID, all of 
these 549 exclusions expired.
    On October 8, 2021, the U.S. Trade Representative invited the 
public to submit comments on whether to reinstate certain exclusions 
previously granted and extended. 86 FR 56345 (October 8, 2021) (the 
October 8 notice). On March 28, 2022, the U.S. Trade Representative 
determined to further modify the action by reinstating 352 of the 549 
expired exclusions. The reinstated exclusions applied as of October 12, 
2021, and extended through December 31, 2022. See 87 FR 17380 (March 
28, 2022).
    In accordance with section 307(c)(3) of the Trade Act of 1974, on 
September 8, 2022, USTR announced that it would be conducting a review 
of the July 6, 2018 and August 23, 2018 actions, as modified. See 87 FR 
26797 (May 5, 2022); 87 FR 55073 (September 8, 2022).
    On December 21, 2022, based on continued consideration of the 
factors and criteria set forth in the October 8 notice, and in light of 
the ongoing statutory four-year review, the U.S. Trade Representative 
determined to extend the 352 reinstated exclusions through September 
30, 2023 to allow the U.S. Trade Representative to consider and align, 
as appropriate, the reinstated exclusions with the results of the 
statutory four-year review. See 87 FR 78187 (December 21, 2022) 
(December 21 notice).

COVID-Related Exclusions

    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. 
These 99 exclusions were later extended until September 30, 2021. See 
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. See 86 FR 48280. On November 16, 2021, 
USTR announced the U.S. Trade Representative's determination to extend 
81 of these exclusions for an additional six months. See 86 FR 63438 
(November 16, 2021). These 81 exclusions were subsequently extended 
through February 28, 2023. See 87 FR 33871 (June 03, 2022); 87 FR 73383 
(November 29, 2022).
    On February 7, 2023, USTR published a notice requesting public 
comments on whether to further extend any of the COVID-related 
exclusions for up to six months. See 87 FR 8027 (February 7, 2023).
    On May 17, 2023, based on evaluation of the public comments, the 
factors set out in the February 7 notice, and to allow the U.S. Trade 
Representative to consider and align, as appropriate, the exclusions 
with the results of the statutory 4-year review, the U.S. Trade 
Representative determined to extend 77 of the COVID-related exclusions 
through September 30, 2023. See 88 FR 31580 (May 17, 2023).

B. Determination To Further Extend Reinstated and COVID-Related 
Exclusions

    To provide a transition period for the expiring exclusions and to 
allow for further consideration under the four-year review, 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 that it 
is appropriate to further extend the 352 reinstated exclusions and the 
77 COVID-related exclusions, as set out in the Annex A and Annex B to 
this notice, until December 31, 2023.
    The exclusion 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 
Harmonized Tariff Schedule of the United States (HTSUS)

[[Page 62424]]

subheadings and product descriptions in the Annexes A and B to this 
notice. U.S. Customs and Border Protection will issue instructions on 
entry guidance and implementation.

Annex for Reinstated Exclusions

Annex A
    The U.S. Trade Representative has determined to extend all 
exclusions previously extended under heading 9903.88.67 and U.S. notes 
20(ttt)(i), 20(ttt)(ii), 20(ttt)(iii), and 20(ttt)(iv) to subchapter 
III of chapter 99 of the Harmonized Tariff Schedule of the United 
States (HTSUS). See 87 FR 78187 (December 21, 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 daylight 
time on October 1, 2023, and before 11:59 p.m. eastern standard time on 
December 31, 2023. Effective on October 1, 2023, the article 
description of heading 9903.88.67 of the HTSUS is modified by deleting 
``September 30, 2023,'' and by inserting ``December 31, 2023,'' in lieu 
thereof.

Annex for COVID-Related Exclusions

Annex B
    The U.S. Trade Representative has determined to extend all 
exclusions previously extended under heading 9903.88.68 and U.S. notes 
20(uuu)(i), 20(uuu)(ii), 20(uuu)(iii), and 20(uuu)(iv) to subchapter 
III of chapter 99 of the Harmonized Tariff Schedule of the United 
States (HTSUS). See 88 FR 31580 (May 17, 2023). 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 daylight 
time on October 1, 2023, and before 11:59 p.m. eastern standard time on 
December 31, 2023. Effective on October 1, 2023, the article 
description of heading 9903.88.68 of the HTSUS is modified by deleting 
``October 1, 2023,'' and by inserting ``January 1, 2024,'' in lieu 
thereof.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2023-19494 Filed 9-8-23; 8:45 am]
BILLING CODE 3390-F3-P


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