[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26930-26931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12104]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Additional Implementing Modification to Section 301 Action:
China's Acts, Policies, and Practices Related to Technology Transfer,
Intellectual Property, and Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of additional implementing modification.
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SUMMARY: In a notice published on May 9, 2019 (May 9 Notice), the U.S.
Trade Representative (Trade Representative) increased the rate of
additional duty from 10 percent to 25 percent for the products of China
covered by the September 2018 action that are (i) entered for
consumption, or withdrawn from warehouse for consumption, on or after
12:01 a.m. eastern daylight time on May 10, 2019, and (ii) exported to
the United States on or after May 10, 2019. An implementing notice
published on May 15, 2019 (May 15 Notice), provided that products of
China that are covered by the September 2018 action and that were
exported to the United States prior to May 10, 2019, are not subject to
the additional duty of 25 percent, as long as these products are
entered into the United States prior to June 1, 2019. This notice
extends the June 1, 2019 date to June 15, 2019.
DATES: HTSUS heading 9903.88.09, set out in the Annex to the May 15
Notice and as amended by the Annex to this notice, applies to products
of China covered by the September 2018 action that were exported before
May 10, 2019, and entered into the United States on or after May 10,
2019, and before June 15, 2019. The modification in the Annex to this
notice applies as of June 1, 2019.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
contact Associate General Counsel Arthur Tsao or Assistant General
Counsel Juli Schwartz, or Director of Industrial Goods Justin Hoffmann
at (202) 395-5725. For questions on customs classification or
implementation of additional duties on products covered in the
supplemental action, contact [email protected].
SUPPLEMENTARY INFORMATION: In the May 9 Notice (84 FR 20459), the Trade
Representative modified the action being taken in the Section 301
investigation by increasing the rate of additional duty from 10 percent
to 25 percent for the products of China covered by the September 2018
action in this investigation. The `September 2018 action' refers to the
additional duties on products of China with an annual trade value of
approximately $200 billion, published at 83 FR 47974 (Sep. 21, 2018),
as modified by the notice published at 83 FR 49153 (September 28,
2018). Pursuant to the May 9 Notice, the increase in the rate of
additional duty was effective on May 10, 2019.
The May 15 Notice (84 FR 21892) implemented the increase in the
rate of additional duty by creating a new subheading in Chapter 99 of
the Harmonized Tariff Schedule of the United States (HTSUS)
(9903.88.09) for products of China covered by the September 2018 action
that were exported before May 10, 2019, and entered into the United
States on or after May 10, 2019 and before June 1, 2019. HTSUS heading
9903.88.09 was limited to covered products of China entered into the
United States during this period of time to account for customs
enforcement factors and the average transit time between China and the
United States by sea.
To account further for customs enforcement factors and the transit
time for goods exported from China on or before May 10, 2019, and
imported directly to the United States, the Trade Representative has
determined to extend the June 1, 2019 date to June 15, 2019, as
specified in the Annex to this notice. Thus, HTSUS 9903.88.09 applies
to products of China covered by the September 2018 action that were
exported from China before May 10, 2019, imported directly to the
United States from China and entered for consumption, or withdrawn from
warehouse for consumption, on or after May 10, 2019 and before June 15,
2019. The modification in the Annex to this notice applies as of June
1, 2019.
The products of China covered by the September 2018 action that are
admitted into a foreign-trade zone (FTZ) in `Privileged Foreign' status
shall retain that status consistent with 19 CFR 146.41(e) and will be
subject, at the time of entry for consumption, to the
[[Page 26931]]
additional duty rate that was in effect at the time of FTZ admission of
said product.
U.S. Customs and Border Protection will issue instructions on entry
guidance and implementation.
Annex
Effective with respect to goods: (1) Exported to the United States
before May 10, 2019; and (2) entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern daylight time
on May 10, 2019, and entered for consumption, or withdrawn from
warehouse for consumption, before June 15, 2019, the Harmonized Tariff
Schedule of the United States is modified:
1. By amending the second paragraph of note 20(l) to subchapter III
of chapter 99 by deleting ``June 1,'' and inserting in lieu thereof
``June 15,''; and
2. by amending the article description of heading 9903.88.09 by
deleting ``June 1,'' and inserting in lieu thereof ``June 15,''.
Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
[FR Doc. 2019-12104 Filed 6-7-19; 8:45 am]
BILLING CODE 3290-F9-P