Notice of Product Exclusion Amendment: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

Citation85 FR 73590
Record Number2020-25403
Published date18 November 2020
SectionNotices
CourtTrade Representative Office Of The United States
Federal Register, Volume 85 Issue 223 (Wednesday, November 18, 2020)
[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
                [Notices]
                [Page 73590]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-25403]
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                OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
                Notice of Product Exclusion Amendment: China's Acts, Policies,
                and Practices Related to Technology Transfer, Intellectual Property,
                and Innovation
                AGENCY: Office of the United States Trade Representative.
                ACTION: Notice.
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                SUMMARY: Effective August 23, 2018, the U.S. Trade Representative
                imposed additional duties on goods of China with an annual trade value
                of approximately $16 billion as part of the action in the Section 301
                investigation of China's acts, policies, and practices related to
                technology transfer, intellectual property, and innovation. The U.S.
                Trade Representative's determination included a decision to establish a
                product exclusion process. The U.S. Trade Representative initiated the
                exclusion process in September 2018, and stakeholders have submitted
                requests for the exclusion of specific products. This notice announces
                the U.S. Trade Representative's determination to make an amendment to a
                previously granted exclusion to subchapter III of chapter 99 of the
                Harmonized Tariff Schedule of the United States (HTSUS).
                DATES: The amendment announced in this notice is retroactive to the
                date the original exclusion was published and does not extend the
                period for the original exclusion. U.S. Customs and Border Protection
                will issue instructions on entry guidance and implementation.
                FOR FURTHER INFORMATION CONTACT: For general questions about this
                notice, contact Associate General Counsel Philip Butler or Director of
                Industrial Goods Justin Hoffmann 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
                 For background on the proceedings in this investigation, please see
                prior notices including: 82 FR 40213 (August 24, 2017), 83 FR 14906
                (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17,
                2018), 83 FR 38760 (August 7, 2018), 83 FR 40823 (August 16, 2018), 83
                FR 47236 (September 18, 2018), 83 FR 47974 (September 21, 2018), 83 FR
                65198 (December 19, 2018), 84 FR 7966 (March 5, 2019), 84 FR 20459 (May
                9, 2019), 84 FR 29576 (June 24, 2019), 84 FR 37381 (July 31, 2019), 84
                FR 49600 (September 20, 2019), 84 FR 52553 (October 2, 2019), 84 FR
                69011 (December 17, 2019), 85 FR 10808 (February 25, 2020), 85 FR 28691
                (May 13, 2020), 85 FR 43291 (July 16, 2020), and 85 FR 49414 (August
                13, 2020).
                 Effective August 23, 2018, the U.S. Trade Representative imposed
                additional 25 percent duties on goods of China classified in 279 eight-
                digit subheadings of the HTSUS, with an approximate annual trade value
                of $16 billion. See 83 FR 40823. The U.S. Trade Representative's
                determination included a decision to establish a process by which U.S.
                stakeholders could request exclusion of particular products classified
                within an eight-digit HTSUS subheading covered by the $16 billion
                action from the additional duties. The U.S. Trade Representative issued
                a notice setting out the process for the product exclusions, and opened
                a public docket. See 83 FR 47236 (the September 18 notice).
                 In July 2019, the U.S. Trade Representative granted an initial set
                of exclusion requests. See 84 FR 37381. The U.S. Trade Representative
                granted additional exclusions in September and October 2019, and
                February and July 2020. See 84 FR 49600; 84 FR 52553; 85 FR 10808; 85
                FR 43291.
                B. Technical Amendment to Exclusion
                 The Annex makes one technical amendment to U.S. note 20(o)(14) to
                subchapter III of chapter 99 of the HTSUS, as set out in the Annex of
                the notice published at 84 FR 37381 (July 31, 2019).
                Annex
                 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 23, 2018, and through July 31, 2020,
                U.S. note 20(o)(14) to subchapter III of chapter 99 of the Harmonized
                Tariff Schedule of the United States (HTSUS), is modified by deleting
                ``Gasoline or liquid propane (LP)'' and inserting ``Gas (natural or
                liquid propane (LP))'' in lieu thereof.
                Joseph Barloon,
                General Counsel, Office of the United States Trade Representative.
                [FR Doc. 2020-25403 Filed 11-17-20; 8:45 am]
                BILLING CODE 3290-F1-P
                

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