[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11884]



[[Page 33871]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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. Exclusions for 
medical care products to address COVID-19 were published on December 
29, 2020, and subsequently extended. In November 2021, the U.S. Trade 
Representative determined to extend 81 of the COVID-19 related product 
exclusions for an additional 6 months. These exclusions are scheduled 
to expire on May 31, 2022. This notice announces the U.S. Trade 
Representative's determination to further extend the 81 COVID 
exclusions for an additional 6 months.

DATES: The extensions announced in this notice will extend the product 
exclusions through November 30, 2022.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Associate General Counsel Philip Butler or Assistant 
General Counsel Rachel Hasandras 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 (85 FR 85831), 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.
    On March 10, 2021 (86 FR 13785), USTR extended These 99 exclusions 
until September 30, 2021. On August 27, 2021 (86 FR 48280), USTR 
published a notice requesting public comments on whether any of these 
exclusions should be further extended for up to six months. To provide 
time for USTR to review the comments it received in response to the 
August 27 notice, USTR announced interim extensions of these 99 
exclusions through November 14, 2021 (86 FR 54011), and then through 
November 30, 2021.
    On November 16, 2021 (86 FR 63438), USTR announced the extension of 
81 of the COVID exclusions for an additional 6 months (until May 31, 
2022) and that USTR might consider further extensions and/or 
modifications as appropriate.

B. Determination To Extend COVID Exclusions

    In light of the continuing efforts to combat COVID-19, the U.S. 
Trade Representative has determined that a 6-month extension of the 81 
COVID-19-related product exclusions is warranted. The U.S. Trade 
Representative's decision to extend the 81 product exclusions takes 
into account public comments previously provided, and the advice of 
advisory committees and the interagency Section 301 Committee.
    As provided in the November 16 notice, the exclusion extensions are 
available for any product that meets the description in the product 
exclusion. Further, the scope of each extended product exclusion is 
governed by the scope of the ten-digit Harmonized Tariff Schedule of 
the United States (HTSUS) statistical reporting numbers and product 
descriptions in note 20(sss) to subchapter III of chapter 99 of the 
HTSUS. U.S. Customs and Border Protection will issue instructions on 
entry guidance and implementation.
    The U.S. Trade Representative may continue to consider further 
extensions and/or additional modifications as appropriate.

Annex

    The U.S. Trade Representative has determined to extend all 
exclusions previously extended under heading 9903.88.66 and U.S. notes 
20(sss)(i), 20(sss)(ii), 20(sss)(iii), and 20(sss)(iv) to subchapter 
III of chapter 99 of the Harmonized Tariff Schedule of the United 
States (HTSUS). See 86 FR 63438 (November 16, 2021). The extension is 
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 June 1, 2022, and before 11:59 p.m. eastern daylight time on 
November 30, 2022. Effective on June 1, 2022, the article description 
of heading 9903.88.66 of the HTSUS is modified by deleting ``June 1, 
2022,'' and by inserting ``December 1, 2022,'' in lieu thereof.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-11884 Filed 6-2-22; 8:45 am]
BILLING CODE 3290-F2-P