[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Notices]
[Pages 44749-44750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17894]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Request for Comments on Whether Particular Exclusions in the
Section 301 Investigation of China's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property, and Innovation
Warrant Further Extension
AGENCY: Office of the United States Trade Representative (USTR).
ACTION: Notice and request for comments.
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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 products of
China. There are currently 178 effective exclusions. USTR has extended
these exclusions several times, including by providing a recent 90-day
extension to further extend the exclusions through November 29, 2025.
USTR invites public comment on whether any of the 178 effective
exclusions warrant further extension beyond November 29, 2025.
DATES:
September 16, 2025, at 12:01 a.m. EDT: The public docket on the web
portal at https://comments.USTR.gov will open for parties to submit
comments on whether particular exclusions warrant further extension.
October 16, 2025, at 11:59 p.m. EDT: To be assured of
consideration, submit written comments on the public docket by this
date.
ADDRESSES: You must submit all comments through the online portal:
https://comments.ustr.gov/.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Senior Associate General Counsel Philip Butler at (202)
395-5725. For specific questions on customs classification or
implementation of the product exclusions, contact
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 44750]]
A. Background
On December 29, 2023, USTR invited the public to submit comments on
whether to extend 352 previously reinstated exclusions and 77 COVID-
related exclusions. See 88 FR 90225 (December 29, 2023) (the December
29, 2023 notice). On May 30, 2024, USTR announced the extension of 164
of these exclusions through May 31, 2025. See 89 FR 46948 (May 30,
2024) (the May 30, 2024 notice). For additional background on the
reinstated exclusions and the COVID-related exclusions, see previous
notices issued in the investigation, including the December 29, 2023
notice.
In connection with the four-year review, on September 18, 2024,
USTR announced fourteen exclusions covering certain solar manufacturing
equipment. See 89 FR 76581 (September 18, 2024) (the September 18, 2024
notice). The fourteen exclusions were effective from January 1, 2024,
through May 31, 2025. For additional background on the four-year
review, see previous notices issued in the investigation, including the
September 18, 2024 notice.
On May 31, 2025, USTR announced the further extension of the 164
exclusions extended in the May 30, 2024 notice and the extension of the
fourteen exclusions granted in the September 18, 2024 notice, through
August 31, 2025. See 90 FR 23987 (June 5, 2025) (the June 5, 2025
notice). On September 2, 2025, these 178 exclusions were further
extended for 90 days, through November 29, 2025. See 90 FR 42500
(September 2, 2025) (the September 2, 2025 notice).
B. Whether Particular Exclusions Warrant Further Extension
USTR invites public comments on whether any of the 178 exclusions
extended through November 29, 2025, warrant further extension. USTR
will evaluate whether each exclusion warrants further extension on a
case-by-case basis. The focus of the evaluation will be on the
availability of products covered by the exclusion from sources outside
of China, efforts undertaken to source products covered by the
exclusion from the United States or third countries, why additional
time is needed, and whether further extending the exclusion will likely
contribute to a shift in sourcing the product outside of China. In
addition, USTR will consider whether further extending the exclusion is
consistent with the Administration's priorities and how further
extending the exclusion will impact U.S. interests, including the
overall impact of the exclusion on the goal of obtaining the
elimination of China's acts, policies, and practices covered in the
Section 301 investigation.
C. Procedures To Comment on Particular Exclusions
The 164 reinstated exclusions can be found in the Annex of the May
30, 2024 notice and the fourteen exclusions covering certain solar
manufacturing equipment can be found in the Annex of the September 18,
2024 notice. For ease of reference, USTR is also posting a list of the
178 exclusions at http://comments.USTR.gov. As noted above, the public
docket on the portal will be open from September 16, 2025 to October
16, 2025. Fields on the comment form marked with an asterisk (*) are
required fields. Fields with gray (BCI) notation are for business
confidential information, which will not be publicly available. Fields
with a green (Public) notation will be publicly available.
Additionally, interested persons will be able to upload documents to
supplement their comments. Commenters will be able to review the public
version of their comments before they are posted. Set forth below is a
summary of the information to be entered on the exclusion comment form.
Contact information, including the full legal name of the
organization making the comment, whether the commenter is a third party
(e.g., law firm, trade association or customs broker) submitting on
behalf of an organization or industry, and the name of the third-party
organization, if applicable.
The exclusion covered by the comment.
Whether the exclusion warrants further extension.
The availability of products covered by the exclusion from
sources outside of China.
Efforts undertaken to source the product from the United
States or third countries.
Why additional time is needed to shift sourcing from China
and whether further extending the exclusion will likely contribute to a
shift in sourcing of the product outside of China.
Whether further extending the exclusion is consistent with
the Administration's priorities and U.S. interests.
D. Submission Instructions
You must submit all comments through the online portal: https://comments.ustr.gov/. To be assured of consideration, you must submit
your comment when the public docket on the portal is open--from
September 16, 2025, to October 16, 2025. Interested persons seeking to
comment on more than one exclusion must submit a separate comment for
each exclusion. By submitting a comment, the commenter certifies that
the information provided is complete and correct to the best of their
knowledge.
Philip Butler,
Senior Associate General Counsel, Chair, Section 301 Committee, Office
of the United States Trade Representative.
[FR Doc. 2025-17894 Filed 9-15-25; 8:45 am]
BILLING CODE 3390-F4-P