[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62485-62486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22354]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Conforming Amendments: 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: The U.S. International Trade Commission (USITC) has 
implemented certain changes to the Harmonized Tariff Schedule of the 
United States (HTSUS) to reflect Harmonized System modifications 
adopted by the World Customs Organization and changes to statistical 
categories. This notice announces conforming amendments to legal note 
provisions in the HTSUS associated with the actions in the section 301 
investigation of China's Acts, Policies, and Practices Related to 
Technology Transfer, Intellectual Property, and Innovation.

DATES: The conforming amendments announced in Annex I to this notice 
are applicable as of October 14, 2022. The conforming amendments 
announced in Annex II to this notice apply as of July 1, 2022.

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

SUPPLEMENTARY INFORMATION:

A. Background

    The U.S. Trade Representative has taken actions under section 301 
of the Trade Act of 1974, as amended, in the form of additional duties 
on products of China in the investigation of China's Acts, Policies, 
and Practices Related to Technology Transfer, Intellectual Property, 
and Innovation. The China 301 actions are set out in notes to the 
HTSUS. See, e.g., 87 FR 26797 (section A--summarizing the trade actions 
and modifications).
    In Presidential Proclamation 10326 of December 23, 2021, the 
President directed the USITC to implement certain changes in tariff 
subheadings of the HTSUS, consistent with Harmonized System amendments 
adopted by the World Customs Organization. The changes were effective 
January 27, 2022. Additionally, the USITC implemented changes to 
certain ten-digit statistical categories approved by the Committee for 
Statistical Annotation of Tariff Schedules (formulated pursuant to 
section 484(f) of the Tariff Act of 1930, as amended (19 U.S.C. 
1484(f)), effective July 1, 2022.

B. Conforming Amendments

    To maintain the pre-existing product coverage of the China 301 
actions, conforming amendments to the corresponding note provisions in 
the HTSUS are required.
    Annex I to this notice makes conforming amendments to a U.S. note 
in ch. 99 of the HTSUS in light of the changes in tariff subheadings 
made by the USITC in accordance with Presidential Proclamation 10326. 
In particular, this notice makes conforming amendments to U.S. note 20

[[Page 62486]]

subdivisions (b), (f), and (s)(i) to subchapter III of chapter 99 of 
the HTSUS, as set out in the Annexes to the notices published at 85 FR 
85831 (December 29, 2020), 86 FR 13785 (March 10, 2021), and 86 FR 
63438 (November 16, 2021) in the above-titled investigation under 
section 301. The conforming amendments are applicable as of October 14, 
2022.
    Annex II to this notice makes conforming amendments to accommodate 
recent changes to the HTSUS made pursuant to 19 U.S.C. 1484(f). In 
particular, the conforming amendments affect U.S. note 20 subdivisions 
(sss)(iii)(6) and (8); and U.S. note 20 subdivisions (ttt)(iii)(9), 
(11), (179), and (180), as set out in the Annexes to the notices 
published at 86 FR 63438 (November 16, 2021), 87 FR 33871 (June 3, 
2022), and 87 FR 17380 (March 28, 2022). Like all exclusions under the 
Section 301 investigation, these conforming amendments apply to entries 
of goods that are not liquidated or to entries that are liquidated, but 
not final.

C. Confirmation of CBP Instructions

    Cargo Systems Messaging Service (CSMS) No. 51166038 (sent Feb. 28, 
2022) (https://content.govdelivery.com/accounts/USDHSCBP/bulletins/30cbb56), addressed duty treatment for HTSUS subheading 2202.99.91 as 
provided for under HTSUS 9903.88.03, effective January 27, 2022, in 
light of changes to the HTSUS made by the USITC in accordance with 
Presidential Proclamation 10326. This notice confirms the U.S. Customs 
and Border Protection instructions as maintaining the pre-existing 
product coverage of the 301 actions.

Annex I

    1. 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 14, 2022, note 20(b) to subchapter 
III of chapter 99 of the Harmonized Tariff Schedule of the United 
States (HTSUS) is amended by deleting ``8541.40.95''.
    2. Effective on October 14, 2022, note 20(f) to subchapter III 
of chapter 99 of the HTSUS is amended:
    a. by inserting ``2202.99.91'' in numerical sequence; and
    b. by deleting the following subheading numbers:

``3402.11.40
5703.20.10
7019.39.50
7019.59.30
7019.59.40
7019.59.70
7019.59.90
7419.99.50
9013.90.50''.

    3. Effective on October 14, 2022, note 20(s)(i) to subchapter 
III of chapter 99 of the HTSUS is amended:
    a. by inserting ``1704.90.78'' in numerical sequence; and
    b. by deleting ``6201.11.00''.

Annex II

    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 July 1, 2022:
    1. Note 20(sss)(iii)(6) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``5603.12.0090'' and by inserting 
``5603.12.0090 prior to July 1, 2022; 5603.12.0070 or 5603.12.0095 
effective July 1, 2022'' in lieu thereof.
    2. Note 20(sss)(iii)(8) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``5603.92.0090'' and by inserting 
``5603.92.0090 prior to July 1, 2022; 5603.92.0070 or 5603.92.0095 
effective July 1, 2022'' in lieu thereof.
    3. Note 20(ttt)(iii)(9) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``5603.12.0090'' and by inserting 
``5603.12.0090 prior to July 1, 2022; 5603.12.0070 or 5603.12.0095 
effective July 1, 2022'' in lieu thereof.
    4. Note 20(ttt)(iii)(11) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``5603.92.0090'' and by inserting 
``5603.92.0090 prior to July 1, 2022; 5603.92.0070 or 5603.92.0095 
effective July 1, 2022'' in lieu thereof.
    5. Note 20(ttt)(iii)(179) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``9403.20.0081'' and by inserting 
``9403.20.0081 prior to July 1, 2022; described in statistical 
reporting number 9403.20.0082 effective July 1, 2022'' in lieu 
thereof.
    6. Note 20(ttt)(iii)(180) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``9403.20.0081 effective July 1, 
2019'' and by inserting ``9403.20.0081 effective July 1, 2019 
through June 30, 2022; described in statistical reporting number 
9403.20.0082 effective July 1, 2022'' in lieu thereof.''

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-22354 Filed 10-13-22; 8:45 am]
BILLING CODE 3390-F3-P