[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Notices]
[Pages 13785-13786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04946]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Product Exclusion Extensions: 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.

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SUMMARY: In prior notices, the U.S. Trade Representative modified the 
action 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 the COVID-19 pandemic. To support efforts to 
combat COVID-19, on December 29, 2020, the U.S. Trade Representative 
announced the extension of certain product exclusions on medical-care 
and/or COVID response products and further modifications to remove 
Section 301 duties from additional medical-care and/or COVID response 
products. This notice announces the U.S. Trade Representative's 
determination to extend those exclusions.

[[Page 13786]]


DATES: The extensions announced in this notice will extend the product 
exclusions through September 30, 2021. 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, Assistant 
General Counsels Benjamin Allen or Susie Park Hodge, 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 Annexes to this notice, 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 U.S. stakeholders could request the exclusion of 
particular products subject to the action. The U.S. Trade 
Representative later established a process by which U.S. stakeholders 
could request the extension of particular exclusions. Additionally, on 
March 25, 2020, the U.S. Trade Representative requested public comments 
on possible further modifications to remove Section 301 duties from 
additional medical-care products to address the COVID-19 pandemic. 85 
FR 16987 (March 25, 2020).
    In light of the evolving nature of the battle against COVID-19, on 
December 29, 2020, USTR announced the extension of 80 product 
exclusions on medical-care and/or COVID response products; further 
modifications in the form of 19 product exclusions to remove Section 
301 duties from additional medical-care and/or COVID response products; 
and that USTR might consider further extensions and/or modifications as 
appropriate. See 85 FR 85831 (the December 29 notice).

B. Determination To Extend Certain Exclusions

    In light of the continuing efforts to combat COVID-19, the U.S. 
Trade Representative has determined that it is inappropriate to allow 
the exclusions for certain products to lapse. Accordingly, 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 extend the 99 
product exclusions included in the December 29 notice through September 
30, 2021, as specified in the Annex to this notice. The U.S. Trade 
Representative's decision to extend the 99 product exclusions takes 
into account public comments previously provided, and the advice of 
advisory committees the interagency Section 301 Committee.
    As provided in the December 29 notice, the exclusions are available 
for any product that meets the description in the product exclusion. 
The U.S. Trade Representative may continue to consider further 
extensions and/or additional modifications as appropriate.

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 April 1, 2021, and before 11:59 p.m. 
eastern daylight time on September 30, 2021, each of the article 
descriptions of headings 9903.88.62, 9903.88.63, 9903.88.64 and 
9903.88.65 of the Harmonized Tariff Schedule of the United States 
are modified by deleting ``March 31, 2021,'' and by inserting 
``September 30, 2021,'' in lieu thereof.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2021-04946 Filed 3-9-21; 8:45 am]
BILLING CODE 3290-F0-P