[Federal Register Volume 90, Number 228 (Monday, December 1, 2025)]
[Notices]
[Pages 55232-55233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21671]
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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 products of
China. This notice announces the U.S. Trade Representative's
determination to extend the 178 current exclusions.
DATES: The modifications announced in the annexes to this notice extend
the exclusions through 11:59 p.m. eastern daylight time on November 9,
2026.
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:
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). 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. On
May 31, 2025, USTR announced the further extension of the 164
exclusions extended in May 2024 and the fourteen exclusions granted in
September 2024, through August 31, 2025. See 90 FR 23987 (June 5,
2025). These 178 exclusions were further extended for 90 days, through
November 29, 2025. See 90 FR 42500 (September 2, 2025).
On September 16, 2025, USTR invited the public to submit comments
on
[[Page 55233]]
whether any of the 178 current exclusions warrant further extension
beyond November 29, 2025. See 90 FR 44749 (the September 16, 2025
notice). The September 16, 2025 notice provides that the focus of the
evaluation would 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. Additionally, USTR would 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.
On November 1, 2025, the White House announced a historic trade and
economic deal reached between President Trump and President Xi Jinping
of China.\1\ Pursuant to this deal, the United States would further
extend the 178 exclusions scheduled to expire on November 29, 2025,
until November 10, 2026. Among other actions, China would continue its
exclusion process and further extend existing exclusions through
December 31, 2026, which would facilitate China's purchases of U.S.
goods.
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\1\ Fact Sheet, The White House, President Donald J. Trump
Strikes Deal on Economic and Trade Relations with China (Nov. 1,
2025), https://www.whitehouse.gov/fact-sheets/2025/11/fact-sheet-president-donald-j-trump-strikes-deal-on-economic-and-trade-relations-with-china/.
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B. Determination To Extend Exclusions
The Section 301 statute, which is set out in Sections 301 to 308 of
the Trade Act of 1974 (19 U.S.C. 2411-2418), includes authority for the
U.S. Trade Representative to modify the action being taken in an
investigation. In particular, Section 307(a)(1) authorizes the U.S.
Trade Representative to modify or terminate any action taken under
Section 301, subject to the specific direction, if any, of the
President, if the burden or restriction on U.S. commerce of the acts,
policies, and practices that are the subject of the action has
increased or decreased, or the action is being taken under Section
301(b) and is no longer appropriate.
In light of the trade and economic deal reached between President
Trump and President Xi Jinping of China, the direction of the
President, and the factors set out in the September 16, 2025 notice,
the U.S. Trade Representative has determined to extend the 178 current
exclusions until November 10, 2026.
The U.S. Trade Representative's decision to further extend the 178
current exclusions takes into consideration the public comments
received in response to the September 16, 2025 notice. In response to
the notice, 147 of the current exclusions received comments supporting
extension and claiming, inter alia, that products covered by the
exclusion continue to be available only in limited quantities outside
of China and additional time is needed to shift sourcing outside of
China. Only ten of these exclusions also received comments opposing
extension. Generally, commenters opposing extension claimed that
products covered by an exclusion are available outside of China, and
some comments asserted an adverse impact to a competing domestic
industry. The U.S. Trade Representative's decision to extend these
exclusions also takes into consideration public comments previously
provided, the advice of the advisory committees, the advice of the
interagency Section 301 Committee, and the direction of the President.
As indicated in the May 30, 2024 notice and the September 18, 2024
notice, the exclusion extensions in the annexes 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) statistical reporting numbers and product descriptions set
forth in U.S. notes 20(vvv)(i), 20(vvv)(ii), 20(vvv)(iii), and
20(vvv)(iv) and 20(www) 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 A
The U.S. Trade Representative has determined to extend all
exclusions under heading 9903.88.69 and U.S. notes 20(vvv)(i),
20(vvv)(ii), 20(vvv)(iii), and 20(vvv)(iv) to subchapter III of chapter
99 of the HTSUS. See 89 FR 46948 (May 30, 2024), 90 FR 23987 (June 5,
2025), and 90 FR 42500 (September 2, 2025). 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 November 30, 2025, and before 11:59 p.m. eastern daylight time on
November 9, 2026. Effective on November 30, 2025, the article
description of heading 9903.88.69 of the HTSUS is modified by deleting
``November 29, 2025,'' and by inserting ``November 9, 2026,'' in lieu
thereof.
Annex B
The U.S. Trade Representative has determined to extend all
exclusions under heading 9903.88.70 and U.S. note 20(www) to subchapter
III of chapter 99 of the HTSUS. See 89 FR 76581 (September 18, 2024),
90 FR 23987 (June 5, 2025), and 90 FR 42500 (September 2, 2025). 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 November 30, 2025, and before 11:59 p.m.
eastern daylight time on November 9, 2026. Effective on November 30,
2025, the article description of heading 9903.88.70 of the HTSUS is
modified by deleting ``November 29, 2025,'' and by inserting ``November
9, 2026,'' in lieu thereof.
Jennifer Thornton,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2025-21671 Filed 11-28-25; 8:45 am]
BILLING CODE 3390-F4-P