[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]
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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
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