[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8986-8987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02835]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Conforming and Technical 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: This notice makes one conforming amendment and one technical 
amendment to the reinstated exclusions in the Section 301 investigation 
of China's Acts, Policies, and Practices Related to Technology 
Transfer, Intellectual Property, and Innovation.

DATES: The conforming amendment announced in Annex I to this notice 
applies as of January 1, 2023. The technical amendment announced in 
Annex II to this notice is retroactive to the date of publication of 
the original exclusion.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Associate General Counsel Philip Butler or Assistant 
General

[[Page 8987]]

Counsel Rachel Hasandras 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 
Harmonized Tariff Schedule of the United States (HTSUS). See, e.g., 87 
FR 26797 (Section A--summarizing the trade actions and modifications). 
The U.S. Trade Representative modified these actions by issuing product 
specific exclusions. Certain exclusions were extended in 2019 and 2020, 
but most exclusions expired at the end of 2020. In March 2022, USTR 
reinstated certain previously extended exclusions. These reinstated 
exclusions were recently extended through September 30, 2023. See 87 FR 
78187 (December 21, 2022).

B. Conforming Amendment

    Effective January 1, 2023, the United States International Trade 
Commission, in cooperation with the interagency Committee for 
Statistical Annotation of Tariff Schedules, implemented certain changes 
in ten-digit statistical reporting categories of the HTSUS and in 
Schedule B under section 484(f) of the Tariff Act of 1930, 19 U.S.C. 
1484(f). One of the reinstated product exclusions set out at 87 FR 
17380 (March 28, 2022), is based on one of the amended statistical 
reporting categories. To maintain the pre-existing product coverage of 
the China 301 actions, a conforming amendment to the corresponding note 
provision in the HTSUS is required.
    Annex I to this notice makes a conforming amendment to U.S. note 20 
subdivision (ttt)(iv)(42), as set out in the Annex to the notice 
published at 87 FR 17380 (March 28, 2022) in the above-titled 
investigation under Section 301.

C. Technical Amendment

    Annex II to this notice makes a technical amendment to U.S. note 
subdivisions 20(qq)(20), 20(iii)(50) and 20(ttt)(iii)(36) to subchapter 
III of chapter 99 of the HTSUS, as set out in the Annexes of the 
notices published at 85 FR 6674 (February 5, 2020), 85 FR 48600 (August 
11, 2020), and 87 FR 17380 (March 28, 2022), to correct the description 
of the articles covered by one of the reinstated exclusions.
    Like all exclusions under this Section 301 investigation, the 
amendments in this notice apply to entries of goods that are not 
liquidated or to entries that are liquidated, but not final. U.S. 
Customs and Border Protection will issue instructions on entry guidance 
and implementation.

Annex I

    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 January 1, 2023, note 20(ttt)(iv)(42) to 
subchapter III of chapter 99 of the HTSUS is modified by deleting 
``9404.90.1000'' and by inserting ``9404.90.1000 prior to January 1, 
2023; described in statistical reporting number 9404.90.1060 or 
statistical reporting number 9404.90.1090 effective January 1, 2023'' 
in lieu thereof.

Annex II

    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 September 24, 2018, and through August 7, 
2020, U.S. note 20(qq)(20) to subchapter III of chapter 99 of the HTSUS 
is modified by deleting ``cuprous oxide and'' and by inserting ``copper 
oxide or'' in lieu thereof.
    2. 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 August 7, 2020, and through December 31, 2020, 
U.S. note 20(iii)(50) to subchapter III of chapter 99 of the HTSUS is 
modified by deleting ``cuprous oxide and'' and by inserting ``copper 
oxide or'' in lieu thereof.
    3. 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 12, 2021, and through September 30, 
2023, U.S. note 20(ttt)(iii)(36) to subchapter III of chapter 99 of the 
HTSUS is modified by deleting ``cuprous oxide and'' and by inserting 
``copper oxide or'' in lieu thereof.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2023-02835 Filed 2-9-23; 8:45 am]
BILLING CODE 3390-F3-P