Exclusions Granted February 20, 2020

Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices 9921 SURFACE TRANSPORTATION BOARD Two Commerce Square, 2001 Market Annex to this notice, contact St., Suite 2620, Philadelphia, PA 19103. [email protected]. [Docket No. FD 36381] According to TIR, this action is SUPPLEMENTARY INFORMATION: categorically excluded from Toledo Industrial Railroad LLC— environmental review under 49 CFR A. Background Operation Exemption—Line in Lucas 1105.6(c) and from historic reporting For background on the proceedings in County, Ohio requirements under 49 CFR 1105.8(b). this investigation, please see the prior Toledo Industrial Railroad LLC (TIR), Board decisions and notices are notices issued in the investigation, a noncarrier, has filed a verified notice available at www.stb.gov. including 82 FR 40213 (August 23, 2017), 83 FR 14906 (April 6, 2018), 83 of exemption under 49 CFR 1150.31 to Decided: February 13, 2020. operate approximately 5,500 feet of FR 28710 (June 20, 2018), 83 FR 33608 By the Board, Allison C. Davis, Director, (July 17, 2018), 83 FR 38760 (August 7, existing railroad trackage inside an Office of Proceedings. existing transloading facility (the Line). 2018), 83 FR 47974 (September 21, Regena Smith-Bernard, 2018), 83 FR 49153 (September 28, The transloading facility is operated by Clearance Clerk. TIR’s affiliate, Midwest Terminals of 2018), 83 FR 65198 (December 19, Toledo, Inc. (Midwest Terminals). The [FR Doc. 2020–03358 Filed 2–19–20; 8:45 am] 2018), 84 FR 7966 (March 5, 2019), 84 Line is located in Toledo, Lucas County, BILLING CODE 4915–01–P FR 20459 (May 9, 2019), 84 FR 29576 Ohio. TIR states that there are no (June 24, 2019), 84 FRN 38717 (August mileposts on the Line. 7, 2019), 84 FR 46212 (September 3, The verified notice states that 2019), 84 FR 49591 (September 20, OFFICE OF THE UNITED STATES 2019), 84 FR 57803 (October 28, 2019), currently the Line is operated by TRADE REPRESENTATIVE Midwest Terminals as private track. TIR 84 FR 61674 (November 13, 2019), 84 FR 65882 (November 29, 2019), 84 FR states that it will enter into an operating Notice of Product Exclusions: China’s 69012 (December 17, 2019), 85 FR 549 license that will give TIR control of the Acts, Policies, and Practices Related to (January 6, 2020), and 85 FR 6674 Line and the other tracks within the Technology Transfer, Intellectual transloading facility. Under the (February 5, 2020). Property, and Innovation Effective September 24, 2018, the U.S. proposed transaction, TIR will operate Trade Representative imposed as a terminal switching common carrier, AGENCY: Office of the United States additional 10 percent duties on goods of operating the Line as common carrier Trade Representative. China classified in 5,757 full and partial line and the other tracks in the facility ACTION: Notice of product exclusions. subheadings of the Harmonized Tariff as excepted yard tracks and side tracks. Schedule of the United States (HTSUS), TIR certifies that, as a result of the SUMMARY: In September of 2018, the with an approximate annual trade value proposed transaction, its projected U.S. Trade Representative imposed of $200 billion. See 83 FR 47974, as revenues will not exceed $5 million additional duties on goods of China with an annual trade value of modified by 83 FR 49153. In May 2019, annually and will not exceed those that the U.S. Trade Representative increased would qualify it as a Class III carrier. approximately $200 billion as part of the action in the Section 301 the additional duty to 25 percent. See 84 TIR states that the proposed transaction FR 20459. On June 24, 2019, the Trade would not impose any interchange investigation of China’s acts, policies, and practices related to technology Representative established a process by commitment. which U.S. stakeholders may request The proposed transaction may be transfer, intellectual property, and innovation. The U.S. Trade exclusion of particular products consummated on or after March 5, 2020, classified within an 8-digit HTSUS the effective date of the exemption (30 Representative initiated a product exclusion process in June 2019, and subheading covered by the $200 billion days after the verified notice was action from the additional duties. See 84 1 interested persons have submitted filed) . FR 29576 (the June 24 notice). If the verified notice contains false or requests for the exclusion of specific products. This notice announces the Under the June 24 notice, requests for misleading information, the exemption exclusion had to identify the product is void ab initio. Petitions to revoke the U.S. Trade Representative’s determination to grant certain exclusion subject to the request in terms of the exemption under 49 U.S.C. 10502(d) physical characteristics that distinguish requests, as specified in the Annex to may be filed at any time. The filing of the product from other products within this notice, and makes amendments to a petition to revoke will not the relevant 8-digit subheading covered certain notes in the Harmonized Tariff automatically stay the effectiveness of by the $200 billion action. Requestors Schedule of the United States (HTSUS). the exemption. Petitions for stay must also had to provide the 10-digit be filed no later than February 27, 2020 DATES: The product exclusions subheading of the HTSUS most (at least seven days before the announced in this notice will apply as applicable to the particular product exemption becomes effective). of September 24, 2018, the effective date requested for exclusion, and could All pleadings, referring to Docket No. of the $200 billion action, to August 7, submit information on the ability of U.S. FD 36381, must be filed with the 2020. The amendments announced in Customs and Border Protection to Surface Transportation Board either via this notice are retroactive to the date the administer the requested exclusion. e-filing or in writing addressed to 395 E original exclusions were published. Requestors were asked to provide the Street SW, Washington, DC 20423–0001. FOR FURTHER INFORMATION CONTACT: For quantity and value of the Chinese-origin In addition, a copy of each pleading general questions about this notice, product that the requestor purchased in must be served on TIR’s representative, contact Assistant General Counsels the last three years. With regard to the Eric M. Hocky, Esq., Clark Hill PLC, Philip Butler or Benjamin Allen, or rationale for the requested exclusion, Director of Industrial Goods Justin requests had to address the following 1 TIR initially submitted the verified notice on Hoffmann at (202) 395–5725. For factors: January 22, 2020. On February 4, 2020, TIR filed a • supplement to clarify the length of the Line. In light specific questions on customs Whether the particular product is of that supplement, February 4, 2020 is deemed the classification or implementation of the available only from China and filing date of the verified notice. product exclusions identified in the specifically whether the particular VerDate Sep<11>2014 19:48 Feb 19, 2020 Jkt 250001 PO 00000 Frm 00201 Fmt 4703 Sfmt 4703 E:\FR\FM\20FEN1.SGM 20FEN1 lotter on DSKBCFDHB2PROD with NOTICES 9922 Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices product and/or a comparable product is B. Determination to Grant Certain corrections to the specially prepared available from sources in the United Exclusions product descriptions in certain notes to States and/or third countries. Based on the evaluation of the factors the HTSUS, specifically U.S. note • Whether the imposition of set forth in the June 24 notice, which are 20(ll)(68), published at 84 FR 57803 additional duties on the particular summarized above, pursuant to sections (October 28, 2019), U.S. note 20(mm)(6), product would cause severe economic 301(b), 301(c), and 307(a) of the Trade published at 84 FR 61674 (November harm to the requestor or other U.S. Act of 1974, as amended, and in 13, 2019), and U.S. note 20(nn)(30), interests. accordance with the advice of the published at 84 FR 65882 (November • Whether the particular product is interagency Section 301 Committee, the 29, 2019). strategically important or related to U.S. Trade Representative has As stated in the September 20, 2019 ‘‘Made in China 2025’’ or other Chinese determined to grant the product notice, the exclusions will apply from industrial programs. exclusions set forth in the Annex to this September 24, 2018, to August 7, 2020. The June 24 notice stated that the U.S. notice. The U.S. Trade Representative’s U.S. Customs and Border Protection will Trade Representative would take into determination also takes into account issue instructions on entry guidance and account whether an exclusion would advice from advisory committees and implementation. undermine the objective of the Section any public comments on the pertinent The U.S. Trade Representative will 301 investigation. The June 24 notice exclusion requests. continue to issue determinations on required submission of requests for As set forth in the Annex, the pending requests on a periodic basis. exclusion from the $200 billion action exclusions are reflected in one 10-digit no later than September 30, 2019, and HTSUS subheading, which cover 6 Joseph Barloon, noted that the U.S. Trade Representative requests, and 46 specially prepared General Counsel, Office of the U.S. Trade would periodically announce decisions. product descriptions, which cover 61 Representative. In August 2019, the U.S. Trade exclusion requests. Annex Representative granted an initial set of In accordance with the June 24 notice, exclusion requests. See 84 FR 38717. the exclusions are available for any A. Effective with respect to goods The U.S.

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