Federal Register/Vol. 84, No. 242/Tuesday, December 17, 2019
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices 69011 TABLE 1—Continued CFR 125.1. The FAR definition for intellectual property, and innovation. COTS states the following: The U.S. Trade Representative’s Manufacturer Product (1) Means any item or supply (including determination included a decision to construction material) that is—(i) A establish a product exclusion process. Flextronics Corporation d/b/a Laptops. commercial item (as defined in paragraph (1) The U.S. Trade Representative initiated Flex. of the definition in this section); (ii) Sold in the exclusion process in September Fujitsu America Inc ............... Laptops. substantial quantities in the commercial Gigabyte Technology ............ Laptops. 2018, and stakeholders have submitted marketplace; and (iii) Offered to the requests for the exclusion of specific Google, LLC .......................... Laptops. Government, under a contract or subcontract Hasee Computer Co., Ltd ..... Laptops. at any tier, without modification, in the same products. In July, September and Hewlett-Packard Enterprise Laptops. form in which it is sold in the commercial October 2019, the U.S. Trade Co. marketplace; and (2) Does not include bulk Representative granted exclusion Hon Hai Precision Industry Laptops. cargo, as defined in 46 U.S.C. 40102(4), such requests. This notice makes Co., Ltd. d/b/a Foxconn as agricultural products and petroleum amendments to certain notes in the Technology Group. products. Harmonized Tariff Schedule of the International Business Ma- Laptops. chines d/b/a IBM. Under the proposed language of this United States (HTSUS). The U.S. Trade Inventec Corp ........................ Laptops. waiver SBA would be granting a class Representative will continue to issue Lenovo Group Ltd ................. Laptops. waiver only for laptops and computers decisions as necessary. LG Electronics, Inc ................ Laptops. procured by the government that meet DATES: The amendments announced in Microsoft Corp ....................... Laptops. that definition. Specialty laptops and this notice are retroactive to the date the NEC Corporation of America Laptops. original exclusions were published and Panasonic Corp .................... Laptops. computers that are modified to meet Pegatron Corp ....................... Laptops. demands of the Federal Government do not extend the period for the original Positivo Tecnologia SA fka Laptops. would not be included in the waiver. exclusions. U.S. Customs and Border Positivo Informatica SA. SBA is requesting comment on the Protection will issue instructions on Quantra Computer Inc .......... Laptops. specific nature of this waiver, entry guidance and implementation. Samsung Electronics Co. Ltd Laptops. specifically the SBA’s use of the COTS FOR FURTHER INFORMATION CONTACT: For Shenzhen Daystar Connect Laptops. language in a class waiver and whether general questions about this notice, Technology Co. Ltd. the proposed language of the waiver is Sony Corp ............................. Laptops. contact Assistant General Counsel Toshiba International Cor- Laptops. appropriate given the commercial and Philip Butler or Director of Industrial poration. Government markets for computers and Goods Justin Hoffmann at (202) 395– TriGem Computer Inc ........... Laptops. laptops. The public may comment or 5725. For specific questions on customs Wistron Corp ......................... Laptops. provide source information on any classification or implementation of the Apple Inc ............................... Tablets. small business manufacturers of this product exclusions identified in the Asus USA .............................. Tablets. class of products that are available to Annex to this notice, contact Dell Technologies Inc ........... Tablets. participate in the Federal market. The [email protected]. Fujitsu America Inc ............... Tablets. Google LLC ........................... Tablets. public comment period will run for 30 SUPPLEMENTARY INFORMATION: days after the date of publication in the Hewlett-Packard Enterprise Tablets. A. Background Co. Federal Register. HTC Corp .............................. Tablets. More information on the NMR and For background on the proceedings in Huawei Investment & Holding Tablets. class waivers can be found at https:// this investigation, please see the prior Co. Ltd. www.sba.gov/contracting/contracting- notices issued in the investigation, Lenovo Group Ltd ................. Tablets. officials/non-manufacturer-rule/non- including 82 FR 40213 (August 23, LG Electronics Inc ................. Tablets. manufacturer-waivers. 2017), 83 FR 14906 (April 6, 2018), 83 Microsoft Corp ....................... Tablets. Motorola Solutions Inc .......... Tablets. David Loines, FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 2018), 83 FR 38760 (August 7, Micro-Star International Co. Tablets. Director, Office of Government Contracting. Ltd. 2018), 83 FR 40823 (August 16, 2018), [FR Doc. 2019–27119 Filed 12–16–19; 8:45 am] NEC Corporation of America Tablets. 83 FR 47236 (September 18, 2018), 83 Nokia Oyj .............................. Tablets. BILLING CODE 8026–03–P FR 47974 (September 21, 2018), 83 FR Nvidia Corporation ................ Tablets. 65198 (December 19, 2018), 84 FR 7966 Panasonic Corporation ......... Tablets. (March 5, 2019), 84 FR 20459 (May 9, Pegatron Corp ....................... Tablets. OFFICE OF THE UNITED STATES 2019), 84 FR 29576 (June 24, 2019), 84 Quanta Computer Inc ........... Tablets. TRADE REPRESENTATIVE Samsung Electronics Co. Ltd Tablets. FR 37381 (July 31, 2019), 84 FR 49600 (September 20, 2019), and 84 FR 52553 Sony Corp ............................. Tablets. Notice of Product Exclusions: China’s Toshiba International Corp ... Tablets. (October 2, 2019). Acts, Policies, and Practices Related to Effective August 23, 2018, the U.S. Trimble, Inc ........................... Tablets. Technology Transfer, Intellectual Xiaomi United States ............ Tablets Trade Representative imposed Property, and Innovation additional 25 percent duties on goods of The SBA invites the public to AGENCY: Office of the United States China classified in 279 8-digit comment on this pending request to Trade Representative. subheadings of the HTSUS, with an waive the NMR for commercially ACTION: Notice of amendments. approximate annual trade value of $16 available off-the-shelf laptop and tablet billion. See 83 FR 40823. The U.S. computers under NAICS code 334111 SUMMARY: Effective August 23, 2018, the Trade Representative’s determination and PSC 7435. For purposes of this U.S. Trade Representative imposed included a decision to establish a waiver SBA will be using the Federal additional duties on goods of China process by which U.S. stakeholders can Acquisition Regulation definition for with an annual trade value of request exclusion of particular products COTS. (FAR) 2.101 (48 U.S.C. 2.101). approximately $16 billion as part of the classified within an 8-digit HTSUS SBA has already adopted the FAR action in the Section 301 investigation subheading covered by the $16 billion definition for COTS for purposes of the of China’s acts, policies, and practices action from the additional duties. The government contracting programs. 13. related to technology transfer, U.S. Trade Representative issued a VerDate Sep<11>2014 18:15 Dec 16, 2019 Jkt 250001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1 jbell on DSKJLSW7X2PROD with NOTICES 69012 Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices notice setting out the process for the of the HTSUS, as set out in the Annex printed in various colors, valued at product exclusions, and opened a of the notice published at 84 FR 49600 $0.88 or more but not over $2.42 per kg’’ public docket. See 83 FR 47236 (the (September 20, 2019). in lieu thereof. September 18 notice). Subparagraphs A(2–7) of the Annex 7. U.S. note 20(v)(37) to subchapter III Under the September 18 notice, correct errors in U.S. notes 20(v)(21), of chapter 99 of the Harmonized Tariff requests for exclusion had to identify 20(v)(22), 20(v)(36), 20(v)(71), 20(v)(72), Schedule of the United States is the product subject to the request in and 20(v)(87) to subchapter III of modified by deleting ‘‘plastic sheeting terms of the physical characteristics that chapter 99 of the HTSUS, as set out in made of plain-woven, high-density distinguish it from other products the Annex of the notice published at 84 polyethylene fabric coated on both sides within the relevant 8-digit subheading FR 49600 (September 20, 2019). with low-density polyethylene, in rolls covered by the $16 billion action. In order to conform to the U.S. Trade measuring 5 m in width’’ and inserting Requestors also had to provide the 10- Representative’s intent to grant certain ‘‘plastic sheeting, core/scrim woven digit subheading of the HTSUS most exclusion requests, Subparagraphs A(8– layer of high-density polyethylene applicable to the particular product 9) of the Annex make amendments to (HDPE) textile strip, coated on both requested for exclusion, and could U.S. notes 20(v)(20) and 20(v)(37) to sides with low density polyethylene submit information on the ability of U.S. subchapter III of chapter 99 of the (LDPE), with a layer of visible black file Customs and Border Protection to HTSUS, as set out in the annex of the of linear LDPE, polyvinyl chloride free, administer the requested exclusion. notice published at 84 FR 49600 weighing not over 1.492 kg/m2, in rolls Requestors were asked