Exclusions Granted July 7, 2020

41658 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices Mitigation Measures announced in the August 20 notice from notice). The August 20 notice contains The natural and cultural resource 10 to 15 percent. On January 22, 2020, two separate lists of tariff subheadings, management programs and activities the U.S. Trade Representative with two different effective dates. List 1, associated with the NRP have been determined to reduce the rate from 15 which is set out in Annex A of the designed to result in minimal adverse to 7.5 percent. The U.S. Trade August 20 notice, was effective environmental impacts during their Representative initiated a product September 1, 2019. List 2, which is set implementation and to result in long- exclusion process in October 2019, and out in Annex C of the August 20 notice, term beneficial impacts. During interested persons have submitted was scheduled to take effect on implementation of the NRP, TVA will requests for the exclusion of specific December 15, 2019. continue to conduct site- or activity- products. This notice announces the On August 30, 2019, the U.S. Trade specific environmental reviews of its U.S. Trade Representative’s Representative, at the direction of the actions as appropriate and will determination to grant certain exclusion President, determined to modify the incorporate appropriate mitigation requests, as specified in the Annex to action being taken in the investigation measures, including those identified this notice, and make certain by increasing the rate of additional duty through associated consultation amendments to previously announced from 10 to 15 percent ad valorem on the processes, to address adverse impacts. exclusions. The U.S. Trade goods of China specified in Annex A In January 2020, TVA completed a Representative will continue to issue (List 1) and Annex C (List 2) of the programmatic agreement (PA) with the decisions on pending requests on a August 20 notice. See 84 FR 45821. On Advisory Council on Historic periodic basis. October 24, 2019, the U.S. Trade Preservation and seven State Historic DATES: The product exclusions in this Representative established a process by Preservation Officers to address a suite notice apply as of September 1, 2019, which U.S. stakeholders could request of activities. In addition, 21 federally the effective date of List 1 of the $300 exclusion of particular products recognized Indian tribes were invited to billion action, and will extend to classified within an eight-digit be signatories to the agreement. The PA September 1, 2020. Harmonized Tariff Schedule of the addresses TVA’s compliance with FOR FURTHER INFORMATION CONTACT: For United States (HTSUS) subheading Section 106 of the National Historic general questions about this notice, covered by List 1 of the $300 billion Preservation Act when implementing contact Associate General Counsel action from the additional duties. See 84 the various NRP activities. Philip Butler, Assistant General Counsel FR 57144 (October 24 notice). On Megan Grimball, or Director of December 18, 2019, the U.S. Trade David L. Bowling, Jr. Industrial Goods Justin Hoffmann at Representative announced a Vice President, River and Resources (202) 395–5725. For specific questions determination to suspend until further Stewardship. on customs classification or notice the additional duties on products [FR Doc. 2020–14846 Filed 7–9–20; 8:45 am] implementation of the product set out in Annex C (List 2) of the August BILLING CODE 8120–08–P exclusions identified in the Annex to 20 notice. See 84 FR 69447. On January this notice, contact traderemedy@ 22, 2020, the U.S. Trade Representative cbp.dhs.gov. determined to further modify the action OFFICE OF THE UNITED STATES SUPPLEMENTARY INFORMATION: being taken by reducing the additional TRADE REPRESENTATIVE duties for the products covered in A. Background Annex A of the August 20 notice (List Notice of Product Exclusions and For background on the proceedings in 1) from 15 to 7.5 percent. See 85 FR Amendments: China’s Acts, Policies, this investigation, please see prior 3741. and Practices Related to Technology notices including: 82 FR 40213 (August Under the October 24 notice, requests Transfer, Intellectual Property, and 24, 2017), 83 FR 14906 (April 6, 2018), for exclusion had to identify the product Innovation 83 FR 28710 (June 20, 2018), 83 FR subject to the request in terms of the AGENCY: Office of the United States 33608 (July 17, 2018), 83 FR 38760 physical characteristics that distinguish Trade Representative. (August 7, 2018), 83 FR 40823 (August the product from other products within the relevant eight-digit subheading ACTION: Notice of product exclusions. 16, 2018), 83 FR 47974 (September 21, 2018), 83 FR 49153 (September 28, covered by the $300 billion action. SUMMARY: On August 20, 2019, at the 2018), 84 FR 20459 (May 9, 2019), 84 FR Requestors also had to provide the ten- direction of the President, the U.S. 43304 (August 20, 2019), 84 FR 45821 digit subheading of the HTSUS most Trade Representative determined to (August 30, 2019), 84 FR 57144 (October applicable to the particular product modify the action being taken in the 24, 2019), 84 FR 69447 (December 18, requested for exclusion, and could Section 301 investigation of China’s 2019), 85 FR 3741 (January 22, 2020), 85 submit information on the ability of U.S. acts, policies, and practices related to FR 13970 (March 10, 2020), 85 FR 15244 Customs and Border Protection to technology transfer, intellectual (March 17, 2020), 85 FR 17936 (March administer the requested exclusion. property, and innovation by imposing 31, 2020), 85 FR 28693 (May 13, 2020), Requestors were asked to provide the additional duties of 10 percent ad 85 FR 32098 (May 28, 2020), and 85 FR quantity and value of the Chinese-origin valorem on goods of China with an 35975 (June 12, 2020). product they purchased in the last three annual trade value of approximately In a notice published on August 20, years, among other information. With $300 billion. The additional duties on 2019, the U.S. Trade Representative, at regard to the rationale for the requested products in List 1, which is set out in the direction of the President, exclusion, requests had to address the Annex A of that action, became effective announced a determination to modify following factors: on September 1, 2019. On August 30, the action being taken in the Section • Whether the particular product is 2019, at the direction of the President, 301 investigation by imposing an available only from China and the U.S. Trade Representative additional 10 percent ad valorem duty specifically whether the particular determined to increase the rate of the on products of China with an annual product and/or a comparable product is additional duty applicable to the tariff aggregate trade value of approximately available from sources in the United subheadings covered by the action $300 billion. 84 FR 43304 (August 20 States and/or third countries. VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 41659 • Whether the imposition of of the United States Trade exclusion requests. In accordance with additional duties on the particular Representative regularly updates the the October 24 notice, the exclusions are product would cause severe economic status of each pending request on the available for any product that meets the harm to the requestor or other U.S. Exclusions Portal at https:// description in the Annex, regardless of interests. exclusions.ustr.gov/s/docket? whether the importer filed an exclusion • Whether the particular product is docketNumber=USTR-2019-0017. request. Further, the scope of each strategically important or related to exclusion is governed by the scope of B. Determination To Grant Certain ‘‘Made in China 2025’’ or other Chinese the ten-digit HTSUS subheading as Exclusions industrial programs. described in the Annex, and not by the The October 24 notice stated that the Based on the evaluation of the factors product descriptions set out in any U.S. Trade Representative would take set out in the October 24 notice, which particular request for exclusion. into account whether an exclusion are summarized above, pursuant to Paragraph A, subparagraphs (3)–(4) of would undermine the objectives of the sections 301(b), 301(c), and 307(a) of the the Annex contain conforming Section 301 investigation. Trade Act of 1974, as amended, and in amendments to the HTSUS reflecting The October 24 notice required accordance with the advice of the the modifications made by the Annex. submission of requests for exclusion interagency Section 301 Committee, the Paragraph B, subparagraphs (1)–(27) of from List 1 of the $300 billion action no U.S. Trade Representative has the Annex contain technical corrections later than January 31, 2020, and noted determined to grant the product to address periodic revisions to the that the U.S. Trade Representative exclusions set out in the Annex to this HTSUS subheadings in previously periodically would announce decisions. notice. The U.S. Trade Representative’s published exclusions. In March 2020, the U.S. Trade determination also takes into account The U.S. Trade Representative will Representative granted an initial set of advice from advisory committees and continue to issue determinations on exclusion requests. See 85 FR 13970. any public comments on the pertinent pending requests on a periodic basis. The U.S. Trade Representative granted exclusion requests. additional exclusions in March, May, As set out in the Annex, the Joseph Barloon, and June 2020. See 85 FR 15244, 85 FR exclusions are reflected in 61 specially General Counsel, Office of the United States 17936, 85 FR 28693, as modified by 85 prepared product descriptions, which Trade Representative.

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