Exclusions Granted April 24, 2020
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23122 Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Notices a verified notice of exemption under 49 of exemption and that PSAP will products. This notice announces the CFR 1150.41 to amend an existing rail continue to operate under the terms of U.S. Trade Representative’s line lease between PSAP and Union the Current Lease until then. The Board determination to grant certain exclusion Pacific Railroad Company (UP).1 PSAP will establish the effective date in its requests, as specified in the Annex to states that, under the Amended Lease, it separate decision on the waiver request. this notice, and corrects a technical will continue to lease and operate 3.65 If the verified notice contains false or error in a previously announced miles of rail line: Between milepost misleading information, the exemption exclusion. 53.83 and milepost 54.23 and between is void ab initio. Petitions to revoke the DATES: The product exclusions milepost 55.28 and milepost 56.70, in exemption under 49 U.S.C. 10502(d) announced in this notice will apply as Aberdeen and Hoquiam, Wash.; and may be filed at any time. The filing of of September 24, 2018, the effective date between milepost 2.41 at Blakeslee a petition to revoke will not of the $200 billion action, and extend to Junction, Wash., and milepost 4.26 at automatically stay the effectiveness of August 7, 2020. The amendments Raisch, Wash. (collectively, the Line). the exemption. Petitions to stay must be announced in this notice are retroactive PSAP states that the Current Lease filed no later than May 1, 2020. to the date that the original exclusions was entered into in 2000 and amended All pleadings, referring to Docket No. were published. in 2002. See Ariz. & Cal. R.R.—Lease & FD 36395, must be filed with the FOR FURTHER INFORMATION CONTACT: For Operation Exemption—Union Pac. R.R., Surface Transportation Board either via FD 33886 (STB served July 7, 2000); general questions about this notice, e-filing or in writing addressed to 395 E contact Assistant General Counsels Puget Sound & Pac. R.R.—Lease & Street SW, Washington, DC 20423–0001. Operation Exemption—Union Pac. R.R., Philip Butler or Megan Grimball, or In addition, a copy of each pleading Director of Industrial Goods Justin FD 34213 (STB served Dec. 13, 2002). must be served on PSAP’s PSAP further states that the term of the Hoffmann at (202) 395–5725. For representative, Eric M. Hocky, Clark Hill specific questions on customs Current Lease was extended in 2010, in PLC, Two Commerce Square, 2001 accordance with its terms, for an classification or implementation of the Market St., Suite 2620, Philadelphia, PA product exclusions identified in the additional 10 years. According to PSAP, 19103. the Amended Lease would extend the Annex to this notice, contact According to PSAP, this action is [email protected]. lease term for an additional 10 years and categorically excluded from SUPPLEMENTARY INFORMATION: revise other commercial terms. environmental review under 49 CFR PSAP certifies that the projected 1105.6(c) and from historic preservation A. Background annual revenues as a result of the reporting requirements under 49 CFR For background on the proceedings in proposed transaction will not exceed 1105.8(b). those that would qualify it as a Class III this investigation, please see the prior Board decisions and notices are notices including 82 FR 40213 (August carrier. Additionally, PSAP certifies that available at www.stb.gov. its total revenues exceed $5 million. 24, 2017), 83 FR 14906 (April 6, 2018), Pursuant to 49 CFR 1150.42(e), if a Decided: April 21, 2020. 83 FR 28710 (June 20, 2018), 83 FR carrier’s projected annual revenues will By the Board, Allison C. Davis, Director, 33608 (July 17, 2018), 83 FR 38760 exceed $5 million, it must, at least 60 Office of Proceedings. (August 7, 2018), 83 FR 47974 days before the exemption becomes Regena Smith-Bernard, (September 21, 2018), 83 FR 49153 effective, post notice of its intent to Clearance Clerk. (September 28, 2018), 83 FR 65198 undertake the proposed transaction at [FR Doc. 2020–08740 Filed 4–23–20; 8:45 am] (December 19, 2018), 84 FR 7966 (March 5, 2019), 84 FR 20459 (May 9, 2019), 84 the workplace of the employees on the BILLING CODE 4915–01–P affected lines, serve a copy of the notice FR 29576 (June 24, 2019), 84 FRN 38717 on the national offices of the labor (August 7, 2019), 84 FR 46212 unions with employees on the affected (September 3, 2019), 84 FR 49591 OFFICE OF THE UNITED STATES (September 20, 2019), 84 FR 57803 lines, and certify to the Board that it has TRADE REPRESENTATIVE done so. However, PSAP’s verified (October 28, 2019), 84 FR 61674 notice includes a request for waiver of Notice of Product Exclusions: China’s (November 13, 2019), 84 FR 65882 the 60-day advance labor notice Acts, Policies, and Practices Related to (November 29, 2019), 84 FR 69012 requirements. PSAP’s waiver request Technology Transfer, Intellectual (December 17, 2019), 85 FR 549 (January will be addressed in a separate decision. Property, and Innovation 6, 2020), 85 FR 6674 (February 5, 2020), As required under 49 CFR 85 FR 9921 (February 20, 2020), 85 FR 1150.43(h)(1), PSAP has disclosed in its AGENCY: Office of the United States 15015 (March 16, 2020), and 85 FR verified notice that the Amended Lease Trade Representative. 17158 (March 26, 2020). contains an interchange commitment.2 ACTION: Notice of product exclusions. Effective September 24, 2018, the U.S. PSAP has provided additional Trade Representative imposed SUMMARY: information regarding the interchange In September 2018, the U.S. additional 10 percent ad valorem duties commitment as required by 49 CFR Trade Representative imposed on goods of China classified in 5,757 1150.43(h). additional duties on goods of China full and partial subheadings of the The verified notice states that the with an annual trade value of Harmonized Tariff Schedule of the Amended Lease will be effective upon approximately $200 billion as part of United States (HTSUS), with an the effective date of the verified notice the action in the Section 301 approximate annual trade value of $200 investigation of China’s acts, policies, billion. See 83 FR 47974, as modified by 1 The existing lease, as previously amended from and practices related to technology 83 FR 49153. In May 2019, the U.S. time to time, is referred to as the Current Lease; the transfer, intellectual property, and Trade Representative increased the Current Lease with the addition of the new innovation. The U.S. Trade additional duty to 25 percent. See 84 FR amendment for which authority is sought here is Representative initiated a product 20459. On June 24, 2019, the U.S. Trade referred to as the Amended Lease. 2 A copy of the Amended Lease with the exclusion process in June 2019, and Representative established a process by interchange commitment was submitted under seal. interested persons have submitted which stakeholders could request See 49 CFR 1150.43(h)(1). requests for the exclusion of specific exclusion of particular products VerDate Sep<11>2014 17:03 Apr 23, 2020 Jkt 250001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Notices 23123 classified within an 8-digit HTSUS undermine the objective of the Section As set forth in the Annex, the subheading covered by the $200 billion 301 investigation. exclusions are reflected in one 10-digit action from the additional duties. See 84 The June 24 notice required HTSUS subheading, which covers 20 FR 29576 (the June 24 notice). submission of requests for exclusion separate exclusion requests, and 107 Under the June 24 notice, requests for from the $200 billion action no later specially prepared product descriptions, exclusion were required to identify the than September 30, 2019, and noted that which cover 157 separate exclusion product subject to the request in terms the U.S. Trade Representative would requests. of the physical characteristics that periodically announce decisions. In In accordance with the June 24 notice, distinguish the product from other August 2019, the U.S. Trade the exclusions are available for any products within the relevant 8-digit Representative granted an initial set of product that meets the description in HTSUS subheading covered by the $200 exclusion requests. See 84 FR 38717. billion action. Requestors were also The U.S. Trade Representative granted the Annex, regardless of whether the required to provide the 10-digit HTSUS additional exclusions in September importer benefitting from the product subheading most applicable to the 2019, October 2019, November 2019, exclusion filed an exclusion request. particular product requested for December 2019, January 2020, February Further, the scope of each exclusion is exclusion, and could submit 2020, and March 2020. See 84 FR 49591, governed by the scope of the product information on the ability of U.S. 84 FR 57803, 84 FR 61674, 84 FR 65882, descriptions in the Annex, and not by Customs and Border Protection to 84 FR 69012, 85 FR 549, 85 FR 6674, 85 the product descriptions found in any administer the requested exclusion. FR 9921, 85 FR 15015, and 85 FR 17158. particular request for exclusion. Requestors were asked to provide the The Office of the United States Trade Paragraph A, subparagraphs 3 through quantity and value of the Chinese-origin Representative (USTR) regularly 5 of the Annex contain conforming product that the requestor purchased in updates the status of each pending amendments to the HTSUS reflecting the last three years.