Procedures for Requests To Exclude Certain Machinery Used in Domestic Manufacturing From Actions Pursuant to the Section 301 Investigation of China's Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation, 83755-83757 [2024-23880]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83755-83757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23880]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Procedures for Requests To Exclude Certain Machinery Used in 
Domestic Manufacturing From Actions Pursuant to 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.

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SUMMARY: In a notice published on September 18, 2024, the U.S. Trade 
Representative announced certain modifications to the actions taken in 
the Section 301 investigation of China's acts, policies, and practices 
related to technology transfer, intellectual property, and innovation. 
Additionally, the U.S. Trade Representative announced 14 temporary 
exclusions for solar manufacturing equipment and a list of subheadings 
eligible for consideration of temporary exclusion under an exclusion 
process for certain machinery used in domestic manufacturing. This 
notice announces that USTR will open an electronic portal for exclusion 
requests on October 15, 2024, and sets out the procedures for 
submitting requests.

DATES: 
    October 15, 2024, at 12:01 a.m. EDT: The web portal for submitting 
exclusion requests will open at https://comments.ustr.gov.
    March 31, 2025, at 11:59 p.m. EST: Deadline for submitting 
exclusion requests. Responses to individual exclusion requests are due 
30 days after the exclusion request is posted on USTR's online portal. 
Any replies to responses to an exclusion request are due the later of 
15 days after the posting of a response, or 15 days after the closing 
of the 30-day response period.

ADDRESSES: You must submit all requests, responses to requests, and 
replies to responses through the online portal: https://comments.ustr.gov.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Philip Butler and Megan Grimball, Chairs of the Section 
301 Committee at 202.395.5725. For specific questions on customs 
classification, contact [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    For background on the proceedings in this investigation, please see 
the prior notices including 82 FR 40213 (August 24, 2017), 83 FR 14906 
(April 6, 2018), 83 FR 28710 (July 6, 2018), and 83 FR 40823 (August 
23, 2018).
    On September 8, 2022, USTR announced that in accordance with 
Section 307(c)(3) of the Trade Act (19 U.S.C. 2417(c)(3)), the U.S. 
Trade Representative would conduct a review of the two actions taken, 
as modified, in this investigation. See 87 FR 55073.
    Based on information obtained during the review, USTR, in 
consultation with the Section 301 Committee, prepared a comprehensive 
report that included findings on the effectiveness of the actions taken 
in this investigation 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. The report, ``Four-Year 
Review of Actions Taken in the Section 301 Investigation: China's Acts, 
Policies, and Practices Related to Technology Transfer, Intellectual 
Property, and Innovation'' (Report), was published on May 14, 2024, and 
is available on the USTR website.
    On May 14, 2024, taking into consideration the U.S. Trade 
Representative's findings in the Report and recommendations, the 
President issued a Memorandum (President's Memorandum) that directed 
the U.S. Trade Representative to: ``maintain, as appropriate and 
consistent with this memorandum, the ad valorem rates of duty and lists 
of products subject to the [actions] taken under the Section 301 
investigation'' and ``[t]o further encourage China to eliminate the 
acts, policies, and practices at issue, and to counteract the burden or 
restriction of these acts, policies, and practices, the Trade 
Representative shall modify the [actions taken in the investigation] to 
increase Section 301 ad valorem rates of duty'' for certain specified 
products of China. See https://www.whitehouse.gov/briefing-room/
presidential-actions/2024/05/14/memorandum-on-actions-

[[Page 83756]]

by-the-united-states-related-to-the-statutory-4-year-review-of-the-
section-301-investigation-of-chinas-acts-policies-and-practices-
related-to-technology-transfer-intellectua/.
    The President also directed the U.S. Trade Representative to 
establish a process by which interested persons may request that 
particular machinery used in domestic manufacturing classified within a 
subheading under chapters 84 and 85 of the Harmonized Tariff Schedule 
of the United States (HTSUS) be temporarily excluded from Section 301 
tariffs, and directed the U.S. Trade Representative to prioritize, in 
particular, exclusions for certain solar manufacturing equipment.

B. Proposed Modifications

    Consistent with the President's direction, USTR issued a Federal 
Register notice with proposed modifications, including proposed 
increases in Section 301 duties on certain products. See 89 FR 46252 
(May 28, 2024) (May 28 notice). Additionally, the U.S. Trade 
Representative proposed 312 subheadings eligible for consideration for 
temporary exclusion under a process by which interested persons may 
request that particular machinery used in domestic manufacturing and 
classified within certain subheadings under chapters 84 and 85 of HTSUS 
be temporarily excluded. The May 28 notice announced that procedures 
for requesting exclusions under this process would be published in a 
separate notice. Finally, the U.S. Trade Representative proposed 19 
temporary exclusions for solar manufacturing equipment.
    In accordance with section 307(a)(2) of the Trade Act (19 U.S.C. 
2417(a)(2)), USTR invited comments from interested persons and opened a 
30-day docket on May 29, 2024 (USTR-2024-0007). With respect to the 
machinery exclusion process, USTR requested comments on whether the 312 
subheadings proposed should or should not be eligible for consideration 
in the machinery exclusion process and whether certain subheadings 
under Chapters 84 and 85 that cover machinery used in domestic 
manufacturing were omitted and should be included.
    On September 18, 2024, the U.S. Trade Representative announced 
modifications to the actions, including certain adjustments to the 
modifications proposed in the May 28 notice. See 89 FR 76581 (September 
18 notice). Regarding the 19 proposed temporary exclusions for solar 
manufacturing equipment, the U.S. Trade Representative determined to 
adopt 14. The U.S. Trade Representative also announced five additional 
subheadings to be eligible for consideration of temporary exclusion 
under the machinery exclusion process. See 89 FR 76581.

C. Procedures To Request the Exclusion of Particular Machinery Used in 
Domestic Manufacturing

    USTR invites interested persons, including trade associations, to 
submit requests for temporary exclusion from the Section 301 tariffs. 
The subheadings eligible for consideration of temporary exclusion under 
the machinery exclusion process are set forth in Annex E of the 
September 18 notice.
    As explained in more detail below, each request specifically must 
identify a particular product, and provide supporting data and the 
rationale for the requested exclusion. USTR will evaluate each request 
on a case-by-case basis, taking into account the asserted rationale for 
the exclusion, whether the exclusion would undermine the objective of 
the Section 301 investigation, and whether the request defines the 
product with sufficient precision. Any exclusion will be effective 
starting from the date of publication of the exclusion determination in 
the Federal Register and will extend through May 31, 2025. USTR is 
accepting exclusion requests on a rolling basis and will periodically 
announce decisions on pending requests.
    The U.S. Trade Representative will monitor exclusions granted and 
the overall impact of exclusions, including the 14 temporary exclusions 
for solar manufacturing equipment announced in the September 28 notice, 
and the product specific exclusions extended on May 30, 2024,\1\ in 
maintaining the appropriate amount of leverage with China to encourage 
China to eliminate the acts, policies, and practices covered in the 
Section 301 investigation.
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    \1\ Notice of Extension of Certain Exclusions, 89 FR 46948 (May 
30, 2024).
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    Set out below is a summary of the information to be entered on the 
exclusion request form. Each requester must provide contact 
information, including the full legal name of the organization making 
the request, whether the requester is a third party (law firm, trade 
association, or customs broker) submitting on behalf of an organization 
or industry, and the primary point of contact (requester and/or third-
party submitter). The requester may report whether the requester's 
business satisfies the Small Business Administration's size standard 
for a small business, which are identified by North American Industry 
Classification Systems Codes and are found in 13 CFR 121.201. With 
regard to product identification, any request for exclusion must 
include the following information:
     The 10-digit subheading of the HTSUS applicable to the 
manufacturing equipment requested for exclusion. If no 10-digit 
subheading is available (i.e., the 8-digit subheading does not contain 
breakouts at the 10-digit level), requesters should use the 8-digit 
subheading and add ``00''.
     A complete and detailed description of the manufacturing 
equipment. A detailed description of the manufacturing equipment 
includes, but is not limited to, its physical characteristics (e.g., 
dimensions, weight, material composition, etc.), whether the 
manufacturing equipment is designed to function in or with a particular 
machine (application), the manufacturing equipment's principal use, the 
unit value of the manufacturing equipment (please provide a range if 
necessary), and any unique physical features that distinguish it from 
other manufacturing equipment within the covered 10-digit HTSUS 
subheading. Requesters may attach images and specification sheets, CBP 
rulings, court decisions, and previous import documentation.
     Whether the manufacturing equipment of concern is subject 
to an antidumping or countervailing duty order issued by the U.S. 
Department of Commerce.
     Whether the manufacturing equipment will be used for 
domestic manufacturing, how the equipment will be used, and the 
manufacturing sector.
     If applicable, documents showing grant funding from, or 
grant application to, a federal investment program related to the 
domestic manufacturing at issue, such as the Inflation Reduction Act 
(IRA), CHIPS and Science Act, Build America Buy America (BABA), and 
Rural Energy for America Program (REAP).
     Whether the manufacturing equipment of concern, or 
comparable manufacturing equipment, is available from sources in the 
United States or third countries and any attempts of the requesting 
organization to source the manufacturing equipment from the United 
States or third countries.
     Whether the requesting organization has purchased the 
manufacturing equipment of concern from a source in the United States 
or in a third country in the past five years and why the manufacturing 
equipment is no longer available from this source.
     Whether the manufacturing equipment of concern is 
strategically important or related to ``Made in China

[[Page 83757]]

2025'' or other Chinese industrial programs.
    In addressing each factor, the requester should provide support for 
their assertions. Requesters also may provide any other information or 
data that they consider relevant to an evaluation of the request.

D. Responses To Requests for Exclusions

    After a request for exclusion of a particular product is posted on 
USTR's online portal, interested persons will have 30 days to respond 
to the request, indicating support or opposition and providing reasons 
for their view. A response to a product exclusion request must be 
submitted using USTR's online portal at https://comments.USTR.gov. 
Responses to exclusion requests, supporting or opposing, will be 
publicly available. To file a response, an interested party does not 
have to register. Responses may be in support of an exclusion request 
or in opposition. If the response is in support of the request, the 
rationale should be provided in the applicable field on the portal. If 
opposing the exclusion request, interested parties must address the 
following in a supplemental attachment available on USTR's comment 
portal:
     Their relationship to the manufacturing equipment 
identified (manufacturer, industry association, other).
     Reasons for objecting to the exclusion request.
     Whether the manufacturing equipment is currently 
manufactured in the United States or third countries, and the 
substitutability of equipment from the United States or third country 
sources as compared to the Chinese-origin manufacturing equipment 
identified in the exclusion request.
     A description of the manufacturing equipment from the 
United States or third country sources relative to the description 
cited in the exclusion request.
     Whether the objecting organization within the last two 
years attempted to sell, or successfully sold, the manufacturing 
equipment described in the exclusion request, or comparable 
manufacturing equipment, to the organization requesting the exclusion.

E. Replies to Responses To Requests for Exclusions

    After a response is posted on USTR's online portal, the requester 
will have the opportunity to reply to the response using the same 
portal. Any reply must be submitted within the later of 15 days after 
the posting of a response, or 15 days after the closing of the 30-day 
response period. A reply to a response must be submitted using USTR's 
online portal at https://comments.USTR.gov. Replies to responses will be 
publicly available.

F. Submission Instructions

    As noted above, interested persons must submit requests for 
exclusions in the period between the opening of the portal on October 
15, 2024, and the March 31, 2025 submission deadline. Any responses to 
those requests must be submitted within 30 days after the requests are 
posted. Any reply to a response must be submitted within 15 days after 
the response is posted. Interested persons seeking to exclude two or 
more pieces of manufacturing equipment must submit a separate request 
for each product, i.e., one product per request. By submitting an 
exclusion request, a response, or a reply, the submitter certifies that 
the information provided is complete and correct to the best of his or 
her knowledge.
    You must submit written comments using the appropriate docket on 
the portal at https://comments.ustr.gov/. To submit written comments, 
use the docket on the portal entitled Temporary Exclusions for 
Machinery Used in Domestic Manufacturing, docket number USTR-2024-0020. 
To submit an exclusion request, requesters must first register on the 
portal at https://comments.USTR.gov. As noted above, the portal will 
open on October 15, 2024, at 12:01 a.m. EDT. After registration, the 
requester can fill out and submit one or more exclusion request forms. 
Fields on the exclusion request form marked with an asterisk (*) are 
required fields.
    Fields with a gray Business Confidential Information (BCI) notation 
are for BCI that will not be made publicly available. Fields with a 
green (Public) notation will be viewable by the public. Additionally, 
parties will be able to upload documents and indicate whether the 
documents are BCI or public. Requesters will be able to review the 
public version of their submission before the submission is posted.
    Clearly mark any page containing BCI as `BUSINESS CONFIDENTIAL' on 
the top of that page and clearly indicate, via brackets, highlighting, 
or other means, the specific information that is BCI. If you request 
business confidential treatment, you must certify in writing that the 
information would not customarily be released to the public.
    Parties uploading attachments containing BCI also must submit a 
public version of their comments. If these procedures are not 
sufficient to protect BCI or otherwise protect business interests, 
please contact the USTR Section 301 support line at 202.395.5725 to 
discuss whether alternative arrangements are possible. USTR will post 
attachments uploaded to the docket for public inspection, except for 
properly designated BCI. You can view submissions on USTR's electronic 
portal at https://comments.ustr.gov.

G. Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
of 1995 (PRA) and its implementing regulations, USTR submitted a 
request to the Office of Management and Budget to reinstate an expired 
information collection request (ICR) titled 301 Exclusion Requests, 
control number 0350-0015, which is now due to expire on September 30, 
2027.

Juan Millan,
Acting General Counsel, Office of the United States Trade 
Representative.
[FR Doc. 2024-23880 Filed 10-16-24; 8:45 am]
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