[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73383-73384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25990]


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

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 
actions 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 COVID, and subsequently extended certain of 
these exclusions. The current COVID exclusions--covering 81 medical-
care products--are scheduled to expire on November 30, 2022. This 
notice announces the U.S. Trade Representative's determination to 
further extend the 81 COVID exclusions for an additional three months.

[[Page 73384]]


DATES: The modification announced in this notice extends the COVID 
exclusions through February 28, 2023.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Associate General Counsel Philip Butler or Assistant 
General Counsel Edward Marcus 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.
    These 99 exclusions were later extended until September 30, 2021. 
86 FR 13785. On August 27, 2021, USTR published a notice requesting 
public comments on whether any of these exclusions should be further 
extended for up to six months. 86 FR 48280. To provide time for USTR to 
review the comments it received in response to the August 27 notice, 
USTR announced the interim extension of these 99 exclusions through 
November 14, 2021, (86 FR 54011) and a subsequent extension, through 
November 30, 2021. 86 FR 63438.
    On November 16, 2021, 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. 86 FR 63438. On June 3, USTR announced a subsequent 
extension of 81 of the COVID exclusions for an additional 6 months 
(until November 30, 2022). 87 FR 33871.

B. Determination To Extend COVID Exclusions

    In light of the continuing efforts to combat COVID, the U.S. Trade 
Representative has determined that a 3 month extension of the 81 COVID 
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, the advice of 
advisory committees and the interagency Section 301 Committee, and the 
advice of the White House COVID-19 Response Team.
    As provided in the November 16 notice, the exclusion extensions in 
the annex to this notice are available for any product that meets the 
description in the product exclusion. Further, the scope of each 
exclusion is governed by the scope of the ten-digit Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings and product 
descriptions set forth in U.S. 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 87 FR 33871 (June 3, 2022). 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 standard time on December 1, 2022, and 
before 11:59 p.m. eastern standard time on February 28, 2023. 
Effective on December 1, 2022, the article description of heading 
9903.88.66 of the HTSUS is modified by deleting ``December 1, 
2022,'' and by inserting ``February 28, 2023'' in lieu thereof.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-25990 Filed 11-28-22; 8:45 am]
BILLING CODE 3290-F3-P