[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62423-62424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19494]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Extension for Product Exclusions: 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, including medical-care products needed to address COVID. In
December 2022, the U.S. Trade Representative determined to extend 352
previously reinstated exclusions through September 30, 2023 and in May
2023 determined to extend 77 COVID-related exclusions through September
30, 2023. This notice announces the U.S. Trade Representative's
determination to further extend the 352 reinstated exclusions and 77
COVID-related exclusions until December 31, 2023.
DATES: The extensions in this notice extend the 352 reinstated
exclusions and 77 COVID-related exclusions through December 31, 2023.
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 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
In the course of this investigation, the U.S. Trade Representative
has imposed additional duties on products of China in four tranches.
See 83 FR 28719 (June 20, 2018); 83 FR 40823 (August 16, 2018); 83 FR
47974 (September 21, 2018), as modified by 83 FR 49153 (September 28,
2018); and 84 FR 43304 (August 20, 2019), as modified by 84 FR 69447
(December 18, 2019) and 85 FR 3741 (January 22, 2020).
Reinstated Exclusions
For each tranche of additional duties, the U.S. Trade
Representative established a process by which U.S. stakeholders could
request the exclusion of particular products subject to the action.
Starting in November 2019, the U.S. Trade Representative established
processes for submitting public comments on whether to extend
particular exclusions. See, e.g., 85 FR 6687 (February 5, 2019) and 85
FR 38482 (June 26, 2020). Pursuant to these processes, the U.S. Trade
Representative determined to extend 549 exclusions. With the exception
of certain exclusions related to the U.S. response to COVID, all of
these 549 exclusions expired.
On October 8, 2021, the U.S. Trade Representative invited the
public to submit comments on whether to reinstate certain exclusions
previously granted and extended. 86 FR 56345 (October 8, 2021) (the
October 8 notice). On March 28, 2022, the U.S. Trade Representative
determined to further modify the action by reinstating 352 of the 549
expired exclusions. The reinstated exclusions applied as of October 12,
2021, and extended through December 31, 2022. See 87 FR 17380 (March
28, 2022).
In accordance with section 307(c)(3) of the Trade Act of 1974, on
September 8, 2022, USTR announced that it would be conducting a review
of the July 6, 2018 and August 23, 2018 actions, as modified. See 87 FR
26797 (May 5, 2022); 87 FR 55073 (September 8, 2022).
On December 21, 2022, based on continued consideration of the
factors and criteria set forth in the October 8 notice, and in light of
the ongoing statutory four-year review, the U.S. Trade Representative
determined to extend the 352 reinstated exclusions through September
30, 2023 to allow the U.S. Trade Representative to consider and align,
as appropriate, the reinstated exclusions with the results of the
statutory four-year review. See 87 FR 78187 (December 21, 2022)
(December 21 notice).
COVID-Related Exclusions
On March 25, 2020, USTR requested public comments on proposed
modifications to exclude from additional duties certain medical-care
products related to the U.S. response to COVID. 85 FR 16987 (March 25,
2020).
On December 29, 2020, USTR announced 99 product exclusions for
medical-care products and products related to the U.S. COVID response.
These 99 exclusions were later extended until September 30, 2021. See
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. See 86 FR 48280. On November 16, 2021,
USTR announced the U.S. Trade Representative's determination to extend
81 of these exclusions for an additional six months. See 86 FR 63438
(November 16, 2021). These 81 exclusions were subsequently extended
through February 28, 2023. See 87 FR 33871 (June 03, 2022); 87 FR 73383
(November 29, 2022).
On February 7, 2023, USTR published a notice requesting public
comments on whether to further extend any of the COVID-related
exclusions for up to six months. See 87 FR 8027 (February 7, 2023).
On May 17, 2023, based on evaluation of the public comments, the
factors set out in the February 7 notice, and to allow the U.S. Trade
Representative to consider and align, as appropriate, the exclusions
with the results of the statutory 4-year review, the U.S. Trade
Representative determined to extend 77 of the COVID-related exclusions
through September 30, 2023. See 88 FR 31580 (May 17, 2023).
B. Determination To Further Extend Reinstated and COVID-Related
Exclusions
To provide a transition period for the expiring exclusions and to
allow for further consideration under the four-year review, and
pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of
1974, as amended, the U.S. Trade Representative has determined that it
is appropriate to further extend the 352 reinstated exclusions and the
77 COVID-related exclusions, as set out in the Annex A and Annex B to
this notice, until December 31, 2023.
The exclusion extensions are available for any product that meets
the description in the product exclusion. Further, the scope of each
exclusion and modification is governed by the scope of the ten-digit
Harmonized Tariff Schedule of the United States (HTSUS)
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subheadings and product descriptions in the Annexes A and B to this
notice. U.S. Customs and Border Protection will issue instructions on
entry guidance and implementation.
Annex for Reinstated Exclusions
Annex A
The U.S. Trade Representative has determined to extend all
exclusions previously extended under heading 9903.88.67 and U.S. notes
20(ttt)(i), 20(ttt)(ii), 20(ttt)(iii), and 20(ttt)(iv) to subchapter
III of chapter 99 of the Harmonized Tariff Schedule of the United
States (HTSUS). See 87 FR 78187 (December 21, 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 daylight
time on October 1, 2023, and before 11:59 p.m. eastern standard time on
December 31, 2023. Effective on October 1, 2023, the article
description of heading 9903.88.67 of the HTSUS is modified by deleting
``September 30, 2023,'' and by inserting ``December 31, 2023,'' in lieu
thereof.
Annex for COVID-Related Exclusions
Annex B
The U.S. Trade Representative has determined to extend all
exclusions previously extended under heading 9903.88.68 and U.S. notes
20(uuu)(i), 20(uuu)(ii), 20(uuu)(iii), and 20(uuu)(iv) to subchapter
III of chapter 99 of the Harmonized Tariff Schedule of the United
States (HTSUS). See 88 FR 31580 (May 17, 2023). 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 daylight
time on October 1, 2023, and before 11:59 p.m. eastern standard time on
December 31, 2023. Effective on October 1, 2023, the article
description of heading 9903.88.68 of the HTSUS is modified by deleting
``October 1, 2023,'' and by inserting ``January 1, 2024,'' in lieu
thereof.
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2023-19494 Filed 9-8-23; 8:45 am]
BILLING CODE 3390-F3-P