[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57925-57926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20384]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Product Exclusion Extension Amendment: 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 product exclusion extension and amendment.

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SUMMARY: Effective September 24, 2018, the U.S. Trade Representative 
imposed additional duties on goods of China with an annual trade value 
of approximately $200 billion as part of the action in the Section 301 
investigation of China's acts, policies, and practices related to 
technology transfer, intellectual property, and innovation. The U.S. 
Trade Representative initiated the exclusion process on June 24, 2019, 
and has granted 15 sets of exclusions under the $200 billion action. 
These exclusions expired on August 7, 2020. On May 6 and June 3, 2020, 
the U.S. Trade Representative invited the public to comment on whether 
to extend particular granted exclusions. On August 11, 2020, the U.S. 
Trade Representative announced a determination to extend certain 
previously granted exclusions. This notice makes one technical 
amendment to a previously extended exclusion.

DATES: The product exclusion extension amendment announced in this 
notice applies as of August 7, 2020, and continues through December 31, 
2020. This notice does not further extend the period for product 
exclusion extensions. 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 Benjamin Allen, or Director of Industrial Goods Justin 
Hoffmann at (202) 395-5725. For specific questions on customs 
classification or implementation of the product exclusions identified 
in the Annex to

[[Page 57926]]

this notice, contact [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    For background on the proceedings in this investigation, please see 
prior notices including 82 FR 40213 (August 24, 2017), 83 FR 14906 
(April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 
2018), 83 FR 38760 (August 7, 2018), 83 FR 47974 (September 21, 2018), 
83 FR 49153 (September 28, 2018), 83 FR 65198 (December 19, 2018), 84 
FR 7966 (March 5, 2019), 84 FR 20459 (May 9, 2019), 84 FR 29576 (June 
24, 2019), 84 FR 38717 (August 7, 2019), 84 FR 46212 (September 3, 
2019), 84 FR 49591 (September 20, 2019), 84 FR 57803 (October 28, 
2019), 84 FR 61674 (November 13, 2019), 84 FR 65882 (November 29, 
2019), 84 FR 69012 (December 17, 2019), 85 FR 549 (January 6, 2020), 85 
FR 6674 (February 5, 2020), 85 FR 9921 (February 20, 2020), 85 FR 15015 
(March 16, 2020), 85 FR 17158 (March 26, 2020), 85 FR 23122 (April 24, 
2020), 85 FR 27489 (May 8, 2020), 85 FR 32094 (May 28, 2020), 85 FR 
38000 (June 24, 2020), 85 FR 42968 (July 15, 2020), and 85 FR 48600 
(August 11, 2020).
    Effective September 24, 2018, the U.S. Trade Representative imposed 
additional 10 percent ad valorem duties on goods of China classified in 
5,757 full and partial subheadings of the Harmonized Tariff Schedule of 
the United States (HTSUS), with an approximate annual trade value of 
$200 billion. See 83 FR 47974, as modified by 83 FR 49153. In May 2019, 
the U.S. Trade Representative increased the additional duty to 25 
percent. See 84 FR 20459. On June 24, 2019, the U.S. Trade 
Representative established a process by which stakeholders could 
request exclusion of particular products classified within an eight-
digit HTSUS subheading covered by the $200 billion action from the 
additional duties. See 84 FR 29576 (June 24 notice). The U.S. Trade 
Representative issued a notice setting out the process for the product 
exclusions and opened a public docket. The exclusions the U.S. Trade 
Representative granted under the $200 billion action expired on August 
7, 2020. See, e.g., 84 FR 38717 (August 7, 2019).
    On May 6 and June 3, 2020, the U.S. Trade Representative invited 
the public to comment on whether to extend by up to 12 months, 
particular exclusions granted under the $200 billion action. See 85 FR 
27011 (May 6, 2020) and 85 FR 34279 (June 3, 2020) (the $200 billion 
extension notices). On August 11, 2020, the U.S. Trade Representative 
announced a determination to extend certain previously granted 
exclusions. See 85 FR 48600 (August 11, 2020).

B. Technical Amendment to Exclusion

    The Annex to this notice contains one technical amendment to U.S. 
note 20(iii)(252), to subchapter III of chapter 99 of the HTSUS, as set 
out in the Annex of the notice published at 85 FR 48600 (August 11, 
2020).

Annex

    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 August 7, 2020, and before December 31, 
2020, U.S. note 20(iii)(252) to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States (HTSUS) is modified 
by deleting ``(described in statistical reporting number 
9403.20.0050)'' and inserting ``(described in statistical reporting 
number 9403.20.0050 or 9403.20.0078)'' in lieu thereof.

Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2020-20384 Filed 9-15-20; 8:45 am]
BILLING CODE 3290-F0-P