[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Page 54011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21180]


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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. These exclusions are 
scheduled to expire on September 30, 2021. On August 27, 2021, USTR 
requested comments on whether to extend these exclusions for up to six 
months. This notice announces the U.S. Trade Representative's 
determination to adopt an interim extension of these exclusions for 45 
days in order to provide time to review the public comments.

DATES: The extensions announced in this notice will extend the product 
exclusions through November 14, 2021.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Associate General Counsel Philip Butler or Assistant 
General Counsel David Salkeld at (202) 395-5725. For specific questions 
on customs classification or implementation of the product exclusions, 
contact [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    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). On March 10, 
2021, USTR announced the extension of these 99 exclusions until 
September 30, 2021, and that USTR might consider further extensions 
and/or modifications as appropriate. 86 FR 13785 (the March 10 notice).
    On August 27, 2021, USTR published a Federal Register notice 
requesting public comments on whether any of these 99 exclusions should 
be further extended for up to six months. 86 FR 48280 (the August 27 
notice). Pursuant to that notice, USTR will collect comments through 
its comment portal until September 27, 2021.

B. Interim Extension of COVID Exclusions

    To provide time for USTR to review the comments it receives in 
response to the August 27 notice, the U.S. Trade Representative has 
determined to adopt an interim extension of these exclusions for 45 
days. 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 described in the 
December 29 and March 10 notices through November 14, 2021. This change 
is described in the Annex to this notice. The U.S. Trade 
Representative's decision to adopt an interim extension considers 
public comments previously provided, as well as advice of advisory 
committees and the interagency Section 301 Committee.
    As provided in the December 29 and March 10 notices, 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. U.S. 
Customs and Border Protection will issue instructions on entry guidance 
and implementation.

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 October 1, 2021, and before 11:59 p.m. 
eastern standard time on November 14, 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 ``September 30, 2021,'' and by inserting 
``November 14, 2021,'' in lieu thereof.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2021-21180 Filed 9-28-21; 8:45 am]
BILLING CODE 3290-F1-P